Worst Forms of Child Labour Convention, 1999 (No. 182) - Comoros (RATIFICATION: 2004)

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 3(a)–(c) and 7 of the Convention. Worst forms of child labour, and penalties. Sale and trafficking of children. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, or for illicit activities. In its previous comments, the Committee noted that section 131(a)–(c) of the new Labour Code of Comoros, adopted by Act No. 12-167 in 2012, prohibits the worst forms of child labour, which include: (a) all forms of slavery or similar practices, such as the sale and trafficking of children, debt servitude and bondage, and forced or compulsory labour; (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. However, the Committee observed that the provisions of title X of the new Labour Code (relating to penalties) do not specify any penalties for violations of section 131 of the Code, which is concerned with the prohibition of the worst forms of child labour.

The Committee notes that new Act No. 14-034/AU aimed at combating the sale and trafficking of children was promulgated on 22 December 2014. Section 6 of the Act provides that any person who engages or seeks to engage a child under 18 years of age in one of the worst forms of child labour as specified in section 131(a)–(c) of the Labour Code – namely, the trafficking of children or the use, procuring or offering of children for prostitution or for illicit activities – shall be liable toa fine of 100,000 to 5 million Comorian francs (KMF) and imprisonment ranging from five months to ten years. Imprisonment of ten to 20 years applies where the offence is committed against a victim under 15 years of age.

However, the Committee observes that under Act No. 14-034/AU, the same offences sometimes incur different penalties, as follows:

• Under section 13, anyone who engages in trafficking in persons, where it is for the purpose of exploiting young persons under 18 years of age, shall be liable to imprisonment of ten to 20 years and a fine of KMF30 million.
• Under section 11, anyone who coerces or encourages a young person in his/her care or custody to engage in debauchery or prostitution shall be liable to imprisonment of three to five years and a fine of KMF500,000 to 1 million.
• Under section 9, anyone who employs, uses, persuades, incites, encourages or coerces a child to engage in sexual acts with a view to producing a visual representation of such acts shall be liable to imprisonment of five to ten years and a fine of KMF 2 million to 5 million.

Moreover, the Committee observes that certain provisions of the Penal Code, particularly sections 322 and 335, are also concerned with prohibitions regarding the sexual exploitation of children and the deprivation of another person’s freedom (which could apply to the trafficking of children).

Hence, the Committee observes that the provisions of Comorian legislation relating to the worst forms of child labour overlap, with the result that the applicable penalties are unclear, thereby potentially resulting in an additional obstacle to the effective prosecution of the perpetrators of such offences. The Committee reminds the Government that Article 7(1) of the Convention provides that the Government must take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee therefore urges the Government to take the necessary steps to ensure that persons implicated in the worst forms of child labour are subject to effective prosecution. Accordingly, the Committee requests the Government to take steps to ensure that offences relating to the worst forms of child labour and the corresponding penalties are harmonized so that they are clear and non-contradictory. The Committee requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on the number and nature of reported offences, investigations, prosecutions, convictions and criminal penalties imposed, in relation to the application of the above-mentioned provisions concerning the prohibition of the worst forms of child labour. To the extent possible, this information should be disaggregated by age and gender of victims.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the Government’s indication that issues relating to the worst forms of child labour are never brought to the attention of the labour inspectorate.

The Committee notes with regret once again that the Government remains silent regarding the existence of any mechanism charged with monitoring the employment or use of children in the worst forms of child labour. The Committee therefore requests the Government once again to take the necessary steps to establish mechanisms to monitor the worst forms of child labour, including by providing for a monitoring mechanism to supplement the labour inspectorate when it comes to the implementation of Article 3(a)–(c) of the Convention targeting criminal offences. It requests the Government to provide information in this regard.

Article 6. Programmes of action. Further to its previous comments, the Committee notes that a national child protection policy in Comoros has been adopted for the 2016–21 period, which includes actions to combat child labour and trafficking of children. The Committee requests the Government to provide information on the specific measures taken as part of the national child protection policy to combat the worst forms of child labour, particularly trafficking for sexual or economic exploitation, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching 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 “hidden” nature of their work.

The Committee notes with regret the lack of information on this matter 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.

Article 8. International cooperation. Poverty reduction. The Committee notes that a national development strategy, the “Strategy for accelerated growth and sustainable development” (SCA2D), has been adopted for the 2015–19 period. This strategy aims at accelerated and strong economic growth to create decent jobs, while promoting the sustainable development of the country. Moreover, the Committee notes that the Comorian Government is assisted by the Decent Work Country Programme (DWCP) 2015–19, whereby the ILO contributes towards achieving the goals set in national development frameworks such as the SCA2D. Recalling that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of the SCA2D, the DWCP and any other poverty reduction programme on the elimination of the worst forms of child labour in the country.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3(a)–(c) and 7 of the Convention. Worst forms of child labour, and penalties. Sale and trafficking of children. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, or for illicit activities. In its previous comments, the Committee noted that section 131(a)–(c) of the new Labour Code of Comoros, adopted by Act No. 12-167 in 2012, prohibits the worst forms of child labour, which include: (a) all forms of slavery or similar practices, such as the sale and trafficking of children, debt servitude and bondage, and forced or compulsory labour; (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. However, the Committee observed that the provisions of title X of the new Labour Code (relating to penalties) do not specify any penalties for violations of section 131 of the Code, which is concerned with the prohibition of the worst forms of child labour.

The Committee notes that new Act No. 14-034/AU aimed at combating the sale and trafficking of children was promulgated on 22 December 2014. Section 6 of the Act provides that any person who engages or seeks to engage a child under 18 years of age in one of the worst forms of child labour as specified in section 131(a)–(c) of the Labour Code – namely, the trafficking of children or the use, procuring or offering of children for prostitution or for illicit activities – shall be liable toa fine of 100,000 to 5 million Comorian francs (KMF) and imprisonment ranging from five months to ten years. Imprisonment of ten to 20 yearsapplies where the offence is committed against a victim under 15 years of age.

However, the Committee observes that under Act No. 14-034/AU, the same offences sometimes incur different penalties, as follows:

• –Under section 13, anyone who engages in trafficking in persons, where it is for the purpose of exploiting young persons under 18 years of age, shall be liable to imprisonment of ten to 20 years and a fine of KMF30 million.
• -Under section 11, anyone who coerces or encourages a young person in his/her care or custody to engage in debauchery or prostitution shall be liable to imprisonment of three to five years and a fine of KMF500,000 to 1 million.
• –Under section 9, anyone who employs, uses, persuades, incites, encourages or coerces a child to engage in sexual acts with a view to producing a visual representation of such acts shall be liable to imprisonment of five to ten years and a fine of KMF2 million to 5 million.

Moreover, the Committee observes that certain provisions of the Penal Code, particularly sections 322 and 335, are also concerned with prohibitions regarding the sexual exploitation of children and the deprivation of another person’s freedom (which could apply to the trafficking of children).

Hence, the Committee observes that the provisions of Comorian legislation relating to the worst forms of child labour overlap, with the result that the applicable penalties are unclear, thereby potentially resulting in an additional obstacle to the effective prosecution of the perpetrators of such offences. The Committee reminds the Government that Article 7(1) of the Convention provides that the Government must take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention.The Committee therefore urges the Government to take the necessary steps to ensure that persons implicated in the worst forms of child labour are subject to effective prosecution. Accordingly, the Committee requests the Government to take steps to ensure that offences relating to the worst forms of child labour and the corresponding penalties are harmonized so that they are clear and non-contradictory. The Committee requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on the number and nature of reported offences, investigations, prosecutions, convictions and criminal penalties imposed, in relation to the application of the abovementioned provisions concerning the prohibition of the worst forms of child labour. To the extent possible, this information should be disaggregated by age and gender of victims.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the Government’s indication that issues relating to the worst forms of child labour are never brought to the attention of the labour inspectorate.

The Committee notes with regret once again that the Government remains silent regarding the existence of any mechanism charged with monitoring the employment or use of children in the worst forms of child labour.The Committee therefore requests the Government once again to take the necessary steps to establish mechanisms to monitor the worst forms of child labour, including by providing for a monitoring mechanism to supplement the labour inspectorate when it comes to the implementation of Article 3(a)–(c) of the Convention targeting criminal offences. It requests the Government to provide information in this regard.

Article 6. Programmes of action. Further to its previous comments, the Committee notes that a national child protection policy in Comoros has been adopted for the 2016–21 period, which includes actions to combat child labour and trafficking of children.The Committee requests the Government to provide information on the specific measures taken as part of the national child protection policy to combat the worst forms of child labour, particularly trafficking for sexual or economic exploitation, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching 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 “hidden” nature of their work.

The Committee notes with regret the lack of information on this matter 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.

Article 8. International cooperation. Poverty reduction. The Committee notes that a national development strategy, the “Strategy for accelerated growth and sustainable development” (SCA2D), has been adopted for the 2015–19 period. This strategy aims at accelerated and strong economic growth to create decent jobs, while promoting the sustainable development of the country. Moreover, the Committee notes that the Comorian Government is assisted by the Decent Work Country Programme (DWCP) 2015–19, whereby the ILO contributes towards achieving the goals set in national development frameworks such as the SCA2D.Recalling that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of the SCA2D, the DWCP and any other poverty reduction programme on the elimination of the worst forms of child labour in the country.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3(a)–(c) and 7 of the Convention. Worst forms of child labour, and penalties. Sale and trafficking of children. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, or for illicit activities. In its previous comments, the Committee noted that section 131(a)–(c) of the new Labour Code of Comoros, adopted by Act No. 12-167 in 2012, prohibits the worst forms of child labour, which include: (a) all forms of slavery or similar practices, such as the sale and trafficking of children, debt servitude and bondage, and forced or compulsory labour; (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. However, the Committee observed that the provisions of title X of the new Labour Code (relating to penalties) do not specify any penalties for violations of section 131 of the Code, which is concerned with the prohibition of the worst forms of child labour.

The Committee notes that new Act No. 14-034/AU aimed at combating the sale and trafficking of children was promulgated on 22 December 2014. Section 6 of the Act provides that any person who engages or seeks to engage a child under 18 years of age in one of the worst forms of child labour as specified in section 131(a)–(c) of the Labour Code – namely, the trafficking of children or the use, procuring or offering of children for prostitution or for illicit activities – shall be liable to a fine of 100,000 to 5 million Comorian francs (KMF) and imprisonment ranging from five months to ten years. Imprisonment of ten to 20 years applies where the offence is committed against a victim under 15 years of age.

However, the Committee observes that under Act No. 14-034/AU, the same offences sometimes incur different penalties, as follows:

– Under section 13, anyone who engages in trafficking in persons, where it is for the purpose of exploiting young persons under 18 years of age, shall be liable to imprisonment of ten to 20 years and a fine of KMF30 million.

– Under section 11, anyone who coerces or encourages a young person in his/her care or custody to engage in debauchery or prostitution shall be liable to imprisonment of three to five years and a fine of KMF500,000 to 1 million.

– Under section 9, anyone who employs, uses, persuades, incites, encourages or coerces a child to engage in sexual acts with a view to producing a visual representation of such acts shall be liable to imprisonment of five to ten years and a fine of KMF2 million to 5 million.

Moreover, the Committee observes that certain provisions of the Penal Code, particularly sections 322 and 335, are also concerned with prohibitions regarding the sexual exploitation of children and the deprivation of another person’s freedom (which could apply to the trafficking of children).

Hence, the Committee observes that the provisions of Comorian legislation relating to the worst forms of child labour overlap, with the result that the applicable penalties are unclear, thereby potentially resulting in an additional obstacle to the effective prosecution of the perpetrators of such offences. The Committee reminds the Government that Article 7(1) of the Convention provides that the Government must take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee therefore urges the Government to take the necessary steps to ensure that persons implicated in the worst forms of child labour are subject to effective prosecution. Accordingly, the Committee requests the Government to take steps to ensure that offences relating to the worst forms of child labour and the corresponding penalties are harmonized so that they are clear and non-contradictory. The Committee requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on the number and nature of reported offences, investigations, prosecutions, convictions and criminal penalties imposed, in relation to the application of the abovementioned provisions concerning the prohibition of the worst forms of child labour. To the extent possible, this information should be disaggregated by age and gender of victims.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the Government’s indication that issues relating to the worst forms of child labour are never brought to the attention of the labour inspectorate.

The Committee notes with regret once again that the Government remains silent regarding the existence of any mechanism charged with monitoring the employment or use of children in the worst forms of child labour. The Committee therefore requests the Government once again to take the necessary steps to establish mechanisms to monitor the worst forms of child labour, including by providing for a monitoring mechanism to supplement the labour inspectorate when it comes to the implementation of Article 3(a)–(c) of the Convention targeting criminal offences. It requests the Government to provide information in this regard.

Article 6. Programmes of action. Further to its previous comments, the Committee notes that a national child protection policy in Comoros has been adopted for the 2016–21 period, which includes actions to combat child labour and trafficking of children. The Committee requests the Government to provide information on the specific measures taken as part of the national child protection policy to combat the worst forms of child labour, particularly trafficking for sexual or economic exploitation, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching 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 “hidden” nature of their work.

The Committee notes with regret the lack of information on this matter 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.

Article 8. International cooperation. Poverty reduction. The Committee notes that a national development strategy, the “Strategy for accelerated growth and sustainable development” (SCA2D), has been adopted for the 2015–19 period. This strategy aims at accelerated and strong economic growth to create decent jobs, while promoting the sustainable development of the country. Moreover, the Committee notes that the Comorian Government is assisted by the Decent Work Country Programme (DWCP) 2015–19, whereby the ILO contributes towards achieving the goals set in national development frameworks such as the SCA2D. Recalling that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of the SCA2D, the DWCP and any other poverty reduction programme on the elimination of the worst forms of child labour in the country.

CMNT_TITLE

Articles 3(a)–(c) and 7 of the Convention. Worst forms of child labour, and penalties. Sale and trafficking of children. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, or for illicit activities. In its previous comments, the Committee noted that section 131(a)–(c) of the new Labour Code of Comoros, adopted by Act No. 12-167 in 2012, prohibits the worst forms of child labour, which include: (a) all forms of slavery or similar practices, such as the sale and trafficking of children, debt servitude and bondage, and forced or compulsory labour; (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; and (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. However, the Committee observed that the provisions of title X of the new Labour Code (relating to penalties) do not specify any penalties for violations of section 131 of the Code, which is concerned with the prohibition of the worst forms of child labour.

The Committee notes that new Act No. 14-034/AU aimed at combating the sale and trafficking of children was promulgated on 22 December 2014. Section 6 of the Act provides that any person who engages or seeks to engage a child under 18 years of age in one of the worst forms of child labour as specified in section 131(a)–(c) of the Labour Code – namely, the trafficking of children or the use, procuring or offering of children for prostitution or for illicit activities – shall be liable to a fine of 100,000 to 5 million Comorian francs (KMF) and imprisonment ranging from five months to ten years. Imprisonment of ten to 20 years applies where the offence is committed against a victim under 15 years of age.

However, the Committee observes that under Act No. 14-034/AU, the same offences sometimes incur different penalties, as follows:

• -Under section 13, anyone who engages in trafficking in persons, where it is for the purpose of exploiting young persons under 18 years of age, shall be liable to imprisonment of ten to 20 years and a fine of KMF30 million.
• -Under section 11, anyone who coerces or encourages a young person in his/her care or custody to engage in debauchery or prostitution shall be liable to imprisonment of three to five years and a fine of KMF500,000 to 1 million.
• -Under section 9, anyone who employs, uses, persuades, incites, encourages or coerces a child to engage in sexual acts with a view to producing a visual representation of such acts shall be liable to imprisonment of five to ten years and a fine of KMF2 million to 5 million.

Moreover, the Committee observes that certain provisions of the Penal Code, particularly sections 322 and 335, are also concerned with prohibitions regarding the sexual exploitation of children and the deprivation of another person’s freedom (which could apply to the trafficking of children).

Hence, the Committee observes that the provisions of Comorian legislation relating to the worst forms of child labour overlap, with the result that the applicable penalties are unclear, thereby potentially resulting in an additional obstacle to the effective prosecution of the perpetrators of such offences. The Committee reminds the Government that Article 7(1) of the Convention provides that the Government must take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee therefore urges the Government to take the necessary steps to ensure that persons implicated in the worst forms of child labour are subject to effective prosecution. Accordingly, the Committee requests the Government to take steps to ensure that offences relating to the worst forms of child labour and the corresponding penalties are harmonized so that they are clear and non-contradictory. The Committee requests the Government to provide information on progress made in this regard. It also requests the Government to provide information on the number and nature of reported offences, investigations, prosecutions, convictions and criminal penalties imposed, in relation to the application of the abovementioned provisions concerning the prohibition of the worst forms of child labour. To the extent possible, this information should be disaggregated by age and gender of victims.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the Government’s indication that issues relating to the worst forms of child labour are never brought to the attention of the labour inspectorate.

The Committee notes with regret once again that the Government remains silent regarding the existence of any mechanism charged with monitoring the employment or use of children in the worst forms of child labour. The Committee therefore requests the Government once again to take the necessary steps to establish mechanisms to monitor the worst forms of child labour, including by providing for a monitoring mechanism to supplement the labour inspectorate when it comes to the implementation of Article 3(a)–(c) of the Convention targeting criminal offences. It requests the Government to provide information in this regard.

Article 6. Programmes of action. Further to its previous comments, the Committee notes that a national child protection policy in Comoros has been adopted for the 2016–21 period, which includes actions to combat child labour and trafficking of children. The Committee requests the Government to provide information on the specific measures taken as part of the national child protection policy to combat the worst forms of child labour, particularly trafficking for sexual or economic exploitation, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching 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 “hidden” nature of their work.

The Committee notes with regret the lack of information on this matter 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.

Article 8. International cooperation. Poverty reduction. The Committee notes that a national development strategy, the “Strategy for accelerated growth and sustainable development” (SCA2D), has been adopted for the 2015–19 period. This strategy aims at accelerated and strong economic growth to create decent jobs, while promoting the sustainable development of the country. Moreover, the Committee notes that the Comorian Government is assisted by the Decent Work Country Programme (DWCP) 2015–19, whereby the ILO contributes towards achieving the goals set in national development frameworks such as the SCA2D. Recalling that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of the SCA2D, the DWCP and any other poverty reduction programme on the elimination of the worst forms of child labour in the country.

CMNT_TITLE

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.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

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 sections 345–348 of the Penal Code deal with the abduction of minors. Section 345 of the Penal Code penalizes anyone 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 treats as a minor anyone who has not attained the age of majority, which is fixed at 18 years. Noting the absence of information in the Government’s report, the Committee again asks 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.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee noted previously 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 noted 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, including prostitution, particularly of girls, exists in the country. Consequently, noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of section 322(1) and (6) and section 323(1) of the Penal Code, including statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed. It also requests the Government once again to indicate whether the Penal Code or any other legislation penalizes the client in cases of child prostitution.

Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, according to the ODEROI annual report of October 2006, the use of children in pornography is considered a problem in the country. It noted that the national legislation does not, however, appear to prohibit and penalize this worst form of child labour. Noting the absence of information in the Government’s report, the Committee once again asks the Government to indicate the measures taken or envisaged to prohibit and treat as a criminal offence, in accordance with Article 3(b) of the Convention, the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. It also once again requests the Government to establish penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments the Committee reminded 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. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to prohibit the use, procuring or offering of a child for illicit activities, in particularly for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention. The Committee also once again requests the Government to adopt penalties for this purpose.

Articles 3(d) and 4(1). Hazardous work and determination of types of hazardous work. In its previous comments, the Committee noted draft Order No. 5 fixing the types of work and categories of enterprises prohibited to young persons and the age requirements regarding the admission of children to employment (draft Order No. 5) and observed that the term “child” used in the draft Order 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). The Committee nonetheless noted the Government’s statement that a draft regulatory act has been prepared determining the types of work and the categories of enterprises prohibited to young persons and the age requirements regarding the admission of children to work, and that its purpose is to raise the minimum age from 16 to 18 years. The Committee noted that in its report on the Minimum Age Convention, 1973 (No. 138), the Government stated that so far there have been no developments regarding the adoption of the draft regulatory act determining the types of work and categories of enterprise prohibited to young persons and the age requirements for the admission of children to work. The Government added that, to remedy this, the text of the draft regulatory act will be revised and copies will be sent to employers’ and workers’ organizations with a view to its adoption at the earliest possible date. The Committee expresses the hope that the draft regulatory act will take account of Articles 3(d) and 4(1) of the Convention. It requests the Government to take measures to ensure that the draft regulatory act is adopted in the near future and to provide a copy of it once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted that sections 154–177 of the Labour Code deal with the bodies and means involved in the application of provisions relating to labour. It noted in particular that under section 154 of the Labour 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 performance of their jobs, including provisions on the employment of children and young persons. Noting the absence of information in the Government’s report, the Committee once again asks the Government to communicate 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.

Criminal offences. Noting the absence of information in the Government’s report, and inasmuch as Article 3(a)–(c) of the Convention concerns criminal offences, the Committee once again 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 noted previously 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 has been drawn up. Noting the absence of information in the Government’s report, the Committee once again requests the Government to send 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 attained.

Article 7(2). Effective and time-bound measures. Noting once again that the Government has not supplied any information on this provision of the Convention, the Committee repeats its request for detailed information on the effective and time-bound measures taken to 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. In its previous comments, the Committee noted that child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate among some children. It further noted that children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent). The Committee also noted that the Government had adopted a programme to secure Education for All by 2015 (EPT 2015), and that a national movement for the education of girls has been launched. It nonetheless noted that according to the UNESCO Education for All Global Monitoring Report of 2008, owing to a lack of data, it has been impossible to make projections concerning the achievement of the goals fixed by the EPT by 2015, except as regards gender parity in primary education, where it is indicated that Comoros may not achieve the goals by 2015.

The Committee noted that, according to a programme development document sent by the Government with its report on the Minimum Age Convention 1973 (No. 138), the number of children in primary education virtually stagnated between 2003 and 2007 with the number of children enrolled rising from 104,274 to 104,418, and that the number of pupils in the first and second cycles of secondary education increased during the same period from 37,651 in 2003 to 41,118 in 2007, that is an increase of 2.2 per cent per year. The document also indicated that the net enrolment rate at primary level rose from 73 per cent in 2007 to 76 per cent in 2008. The Committee noted, however, that according to information available on the UNICEF website (www.unicef.org/infobycountry/comoros_statistics.html), for the years 2000–07, the net primary school attendance ratio is only 31 per cent for both girls and boys and the net secondary school attendance ratio is only 11 per cent for girls and 10 per cent for boys. In this regard, the Committee noted the information sent by the Government in the abovementioned programme development document to the effect that the accommodation capacity of schools is very limited and that some, particularly primary and secondary schools, have to refuse to enrol some children of school age. Consequently, many children, especially those from poor families and underprivileged backgrounds, are deprived of education. The document also highlights the ineffectiveness of the school system which is due to poor distribution of teachers and inefficient use of human resources. The education system also suffers from a lack of motivation among training supervisors, insufficient learning time and limited access to school manuals, all factors that account in part for its poor record. Furthermore, in terms of structure, there is a heavy demand for education that the country is unable to meet because of a net shortfall in available resources.

The Committee noted from the programme development document the Government’s statement that it intends to step up efforts to attain the objectives of EPT 2015, in particular by striving to provide universal primary schooling that is free, compulsory and of a high standard, to eliminate all forms of inequality in educational provision in primary and secondary schools, in particular by stepping up education for girls, to improve access to and the quality of secondary education and to diversify educational supply so as to provide all young people with the same opportunities to succeed. The Committee nevertheless reiterated its concern at 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, the Committee strongly encourages the Government in its commitment to redouble its commitment efforts to improve the functioning of the national education system. In this regard, it requests the Government to provide information on the measures taken in the context of EPT 2015 to raise the school attendance rate and reduce the school drop-out rate, particularly among girls. It also requests the Government to continue providing information on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. Child domestic labour. The Committee noted previously that, according to the ODEROI annual report of October 2006, child domestic labour is common practice in the country. Poverty, combined with lax enforcement of legislation, is partly responsible for this situation. Although 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 noted that according to the ODEROI report, a “National strategy for the protection of children most at risk” was adopted in 2004. It noted that children employed in domestic work, particularly little 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 the work. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate whether, in the framework 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 once again requests the Government to supply information on the measures taken in this regard.

Part V of the report form. Application of the Convention in practice. In its previous comments the Committee noted that no statistical data on the number of children who are victims of the worst forms of child labour appear to be available for Comoros. Noting the absence of information in the Government’s report, the Committee once again expresses the hope that, in its next report, the Government will be in a position to provide 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 violations detected, investigations, prosecutions, as well as on the convictions and penalties imposed. As far as possible, the information supplied should be disaggregated by sex.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

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 sections 345–348 of the Penal Code deal with the abduction of minors. Section 345 of the Penal Code penalizes anyone 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 treats as a minor anyone who has not attained the age of majority, which is fixed at 18 years. Noting the absence of information in the Government’s report, the Committee again asks 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.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee noted previously 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 noted 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, including prostitution, particularly of girls, exists in the country. Consequently, noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of section 322(1) and (6) and section 323(1) of the Penal Code, including statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed. It also requests the Government once again to indicate whether the Penal Code or any other legislation penalizes the client in cases of child prostitution.

Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, according to the ODEROI annual report of October 2006, the use of children in pornography is considered a problem in the country. It noted that the national legislation does not, however, appear to prohibit and penalize this worst form of child labour. Noting the absence of information in the Government’s report, the Committee once again asks the Government to indicate the measures taken or envisaged to prohibit and treat as a criminal offence, in accordance with Article 3(b) of the Convention, the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. It also once again requests the Government to establish penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments the Committee reminded 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. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to prohibit the use, procuring or offering of a child for illicit activities, in particularly for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention. The Committee also once again requests the Government to adopt penalties for this purpose.

Articles 3(d) and 4(1). Hazardous work and determination of types of hazardous work. In its previous comments, the Committee noted draft Order No. 5 fixing the types of work and categories of enterprises prohibited to young persons and the age requirements regarding the admission of children to employment (draft Order No. 5) and observed that the term “child” used in the draft Order 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). The Committee nonetheless noted the Government’s statement that a draft regulatory act has been prepared determining the types of work and the categories of enterprises prohibited to young persons and the age requirements regarding the admission of children to work, and that its purpose is to raise the minimum age from 16 to 18 years. The Committee noted that in its report on the Minimum Age Convention, 1973 (No. 138), the Government stated that so far there have been no developments regarding the adoption of the draft regulatory act determining the types of work and categories of enterprise prohibited to young persons and the age requirements for the admission of children to work. The Government added that, to remedy this, the text of the draft regulatory act will be revised and copies will be sent to employers’ and workers’ organizations with a view to its adoption at the earliest possible date. The Committee expresses the hope that the draft regulatory act will take account of Articles 3(d) and 4(1) of the Convention. It requests the Government to take measures to ensure that the draft regulatory act is adopted in the near future and to provide a copy of it once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted that sections 154–177 of the Labour Code deal with the bodies and means involved in the application of provisions relating to labour. It noted in particular that under section 154 of the Labour 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 performance of their jobs, including provisions on the employment of children and young persons. Noting the absence of information in the Government’s report, the Committee once again asks the Government to communicate 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.

Criminal offences. Noting the absence of information in the Government’s report, and inasmuch as Article 3(a)–(c) of the Convention concerns criminal offences, the Committee once again 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 noted previously 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 has been drawn up. Noting the absence of information in the Government’s report, the Committee once again requests the Government to send 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 attained.

Article 7(2). Effective and time-bound measures. Noting once again that the Government has not supplied any information on this provision of the Convention, the Committee repeats its request for detailed information on the effective and time-bound measures taken to 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. In its previous comments, the Committee noted that child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate among some children. It further noted that children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent). The Committee also noted that the Government had adopted a programme to secure Education for All by 2015 (EPT 2015), and that a national movement for the education of girls has been launched. It nonetheless noted that according to the UNESCO Education for All Global Monitoring Report of 2008, owing to a lack of data, it has been impossible to make projections concerning the achievement of the goals fixed by the EPT by 2015, except as regards gender parity in primary education, where it is indicated that Comoros may not achieve the goals by 2015.

The Committee noted that, according to a programme development document sent by the Government with its report on the Minimum Age Convention 1973 (No. 138), the number of children in primary education virtually stagnated between 2003 and 2007 with the number of children enrolled rising from 104,274 to 104,418, and that the number of pupils in the first and second cycles of secondary education increased during the same period from 37,651 in 2003 to 41,118 in 2007, that is an increase of 2.2 per cent per year. The document also indicated that the net enrolment rate at primary level rose from 73 per cent in 2007 to 76 per cent in 2008. The Committee noted, however, that according to information available on the UNICEF website (www.unicef.org/infobycountry/comoros_statistics.html), for the years 2000–07, the net primary school attendance ratio is only 31 per cent for both girls and boys and the net secondary school attendance ratio is only 11 per cent for girls and 10 per cent for boys. In this regard, the Committee noted the information sent by the Government in the abovementioned programme development document to the effect that the accommodation capacity of schools is very limited and that some, particularly primary and secondary schools, have to refuse to enrol some children of school age. Consequently, many children, especially those from poor families and underprivileged backgrounds, are deprived of education. The document also highlights the ineffectiveness of the school system which is due to poor distribution of teachers and inefficient use of human resources. The education system also suffers from a lack of motivation among training supervisors, insufficient learning time and limited access to school manuals, all factors that account in part for its poor record. Furthermore, in terms of structure, there is a heavy demand for education that the country is unable to meet because of a net shortfall in available resources.

The Committee noted from the programme development document the Government’s statement that it intends to step up efforts to attain the objectives of EPT 2015, in particular by striving to provide universal primary schooling that is free, compulsory and of a high standard, to eliminate all forms of inequality in educational provision in primary and secondary schools, in particular by stepping up education for girls, to improve access to and the quality of secondary education and to diversify educational supply so as to provide all young people with the same opportunities to succeed. The Committee must nevertheless reiterate its concern at 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, the Committee strongly encourages the Government in its commitment to redouble its commitment efforts to improve the functioning of the national education system. In this regard, it requests the Government to provide information on the measures taken in the context of EPT 2015 to raise the school attendance rate and reduce the school drop-out rate, particularly among girls. It also requests the Government to continue providing information on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. Child domestic labour. The Committee noted previously that, according to the ODEROI annual report of October 2006, child domestic labour is common practice in the country. Poverty, combined with lax enforcement of legislation, is partly responsible for this situation. Although 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 noted that according to the ODEROI report, a “National strategy for the protection of children most at risk” was adopted in 2004. It noted that children employed in domestic work, particularly little 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 the work. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate whether, in the framework 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 once again requests the Government to supply information on the measures taken in this regard.

Part V of the report form. Application of the Convention in practice. In its previous comments the Committee noted that no statistical data on the number of children who are victims of the worst forms of child labour appear to be available for Comoros. Noting the absence of information in the Government’s report, the Committee once again expresses the hope that, in its next report, the Government will be in a position to provide 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 violations detected, investigations, prosecutions, as well as on the convictions and penalties imposed. As far as possible, the information supplied should be disaggregated by sex.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

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 sections 345–348 of the Penal Code deal with the abduction of minors. Section 345 of the Penal Code penalizes anyone 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 treats as a minor anyone who has not attained the age of majority, which is fixed at 18 years. Noting the absence of information in the Government’s report, the Committee again asks 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.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee noted previously 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 noted 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, including prostitution, particularly of girls, exists in the country. Consequently, noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of section 322(1) and (6) and section 323(1) of the Penal Code, including statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed. It also requests the Government once again to indicate whether the Penal Code or any other legislation penalizes the client in cases of child prostitution.

Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, according to the ODEROI annual report of October 2006, the use of children in pornography is considered a problem in the country. It noted that the national legislation does not, however, appear to prohibit and penalize this worst form of child labour. Noting the absence of information in the Government’s report, the Committee once again asks the Government to indicate the measures taken or envisaged to prohibit and treat as a criminal offence, in accordance with Article 3(b) of the Convention, the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. It also once again requests the Government to establish penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments the Committee reminded 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. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to prohibit the use, procuring or offering of a child for illicit activities, in particularly for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention. The Committee also once again requests the Government to adopt penalties for this purpose.

Articles 3(d) and 4(1). Hazardous work and determination of types of hazardous work. In its previous comments, the Committee noted draft Order No. 5 fixing the types of work and categories of enterprises prohibited to young persons and the age requirements regarding the admission of children to employment (draft Order No. 5) and observed that the term “child” used in the draft Order 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). The Committee nonetheless noted the Government’s statement that a draft regulatory act has been prepared determining the types of work and the categories of enterprises prohibited to young persons and the age requirements regarding the admission of children to work, and that its purpose is to raise the minimum age from 16 to 18 years. The Committee noted that in its report on the Minimum Age Convention, 1973 (No. 138), the Government stated that so far there have been no developments regarding the adoption of the draft regulatory act determining the types of work and categories of enterprise prohibited to young persons and the age requirements for the admission of children to work. The Government added that, to remedy this, the text of the draft regulatory act will be revised and copies will be sent to employers’ and workers’ organizations with a view to its adoption at the earliest possible date. The Committee expresses the hope that the draft regulatory act will take account of Articles 3(d) and 4(1) of the Convention. It requests the Government to take measures to ensure that the draft regulatory act is adopted in the near future and to provide a copy of it once it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted that sections 154–177 of the Labour Code deal with the bodies and means involved in the application of provisions relating to labour. It noted in particular that under section 154 of the Labour 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 performance of their jobs, including provisions on the employment of children and young persons. Noting the absence of information in the Government’s report, the Committee once again asks the Government to communicate 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.

Criminal offences. Noting the absence of information in the Government’s report, and inasmuch as Article 3(a)–(c) of the Convention concerns criminal offences, the Committee once again 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 noted previously 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 has been drawn up. Noting the absence of information in the Government’s report, the Committee once again requests the Government to send 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 attained.

Article 7(2). Effective and time-bound measures. Noting once again that the Government has not supplied any information on this provision of the Convention, the Committee repeats its request for detailed information on the effective and time-bound measures taken to 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. In its previous comments, the Committee noted that child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate among some children. It further noted that children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent). The Committee also noted that the Government had adopted a programme to secure Education for All by 2015 (EPT 2015), and that a national movement for the education of girls has been launched. It nonetheless noted that according to the UNESCO Education for All Global Monitoring Report of 2008, owing to a lack of data, it has been impossible to make projections concerning the achievement of the goals fixed by the EPT by 2015, except as regards gender parity in primary education, where it is indicated that Comoros may not achieve the goals by 2015.

The Committee noted that, according to a programme development document sent by the Government with its report on the Minimum Age Convention 1973 (No. 138), the number of children in primary education virtually stagnated between 2003 and 2007 with the number of children enrolled rising from 104,274 to 104,418, and that the number of pupils in the first and second cycles of secondary education increased during the same period from 37,651 in 2003 to 41,118 in 2007, that is an increase of 2.2 per cent per year. The document also indicated that the net enrolment rate at primary level rose from 73 per cent in 2007 to 76 per cent in 2008. The Committee noted, however, that according to information available on the UNICEF website (www.unicef.org/infobycountry/comoros_statistics.html), for the years 2000–07, the net primary school attendance ratio is only 31 per cent for both girls and boys and the net secondary school attendance ratio is only 11 per cent for girls and 10 per cent for boys. In this regard, the Committee noted the information sent by the Government in the abovementioned programme development document to the effect that the accommodation capacity of schools is very limited and that some, particularly primary and secondary schools, have to refuse to enrol some children of school age. Consequently, many children, especially those from poor families and underprivileged backgrounds, are deprived of education. The document also highlights the ineffectiveness of the school system which is due to poor distribution of teachers and inefficient use of human resources. The education system also suffers from a lack of motivation among training supervisors, insufficient learning time and limited access to school manuals, all factors that account in part for its poor record. Furthermore, in terms of structure, there is a heavy demand for education that the country is unable to meet because of a net shortfall in available resources.

The Committee noted from the programme development document the Government’s statement that it intends to step up efforts to attain the objectives of EPT 2015, in particular by striving to provide universal primary schooling that is free, compulsory and of a high standard, to eliminate all forms of inequality in educational provision in primary and secondary schools, in particular by stepping up education for girls, to improve access to and the quality of secondary education and to diversify educational supply so as to provide all young people with the same opportunities to succeed. The Committee must nevertheless reiterate its concern at 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, the Committee strongly encourages the Government in its commitment to redouble its commitment efforts to improve the functioning of the national education system. In this regard, it requests the Government to provide information on the measures taken in the context of EPT 2015 to raise the school attendance rate and reduce the school drop-out rate, particularly among girls. It also requests the Government to continue providing information on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. Child domestic labour. The Committee noted previously that, according to the ODEROI annual report of October 2006, child domestic labour is common practice in the country. Poverty, combined with lax enforcement of legislation, is partly responsible for this situation. Although 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 noted that according to the ODEROI report, a “National strategy for the protection of children most at risk” was adopted in 2004. It noted that children employed in domestic work, particularly little 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 the work. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate whether, in the framework 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 once again requests the Government to supply information on the measures taken in this regard.

Part V of the report form. Application of the Convention in practice. In its previous comments the Committee noted that no statistical data on the number of children who are victims of the worst forms of child labour appear to be available for Comoros. Noting the absence of information in the Government’s report, the Committee once again expresses the hope that, in its next report, the Government will be in a position to provide 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 violations detected, investigations, prosecutions, as well as on the convictions and penalties imposed. As far as possible, the information supplied should be disaggregated by sex.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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 sections 345–348 of the Penal Code deal with the abduction of minors. Section 345 of the Penal Code penalizes anyone 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 treats as a minor anyone who has not attained the age of majority, which is fixed at 18 years. Noting the absence of information in the Government’s report, the Committee again asks 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.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously 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 noted 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, including prostitution, particularly of girls, exists in the country. Consequently, noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of section 322(1) and (6) and section 323(1) of the Penal Code, including statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed. It also requests the Government once again 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. In its previous comments, the Committee noted that, according to the ODEROI annual report of October 2006, the use of children in pornography is considered a problem in the country. It noted that the national legislation does not, however, appear to prohibit and penalize this worst form of child labour. Noting the absence of information in the Government’s report, the Committee once again asks the Government to indicate the measures taken or envisaged to prohibit and treat as a criminal offence, in accordance with Article 3(b) of the Convention, the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. It also once again requests the Government to establish penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments the Committee reminded 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. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to prohibit the use, procuring or offering of a child for illicit activities, in particularly for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention. The Committee also once again requests the Government to adopt penalties for this purpose.

Articles 3(d) and 4(1). Hazardous work and determination of types of hazardous work. In its previous comments, the Committee noted draft Order No. 5 fixing the types of work and categories of enterprises prohibited to young persons and the age requirements regarding the admission of children to employment (draft Order No. 5) and observed that the term “child” used in the draft Order 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). The Committee nonetheless noted the Government’s statement that a draft regulatory act has been prepared determining the types of work and the categories of enterprises prohibited to young persons and the age requirements regarding the admission of children to work, and that its purpose is to raise the minimum age from 16 to 18 years. The Committee noted that in its report on the Minimum Age Convention, 1973 (No. 138), the Government stated that so far there have been no developments regarding the adoption of the draft regulatory act determining the types of work and categories of enterprise prohibited to young persons and the age requirements for the admission of children to work. The Government added that, to remedy this, the text of the draft regulatory act will be revised and copies will be sent to employers’ and workers’ organizations with a view to its adoption at the earliest possible date. The Committee expresses the hope that the draft regulatory act will take account of Articles 3(d) and 4(1) of the Convention. It requests the Government to take measures to ensure that the draft regulatory act is adopted in the near future and to provide a copy of it once it has been adopted.

Article 5. Monitoring mechanisms. 1. Labour inspection. In its previous comments, the Committee noted that sections 154–177 of the Labour Code deal with the bodies and means involved in the application of provisions relating to labour. It noted in particular that under section 154 of the Labour 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 performance of their jobs, including provisions on the employment of children and young persons. Noting the absence of information in the Government’s report, the Committee once again asks the Government to communicate 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. Noting the absence of information in the Government’s report, and inasmuch as Article 3(a)–(c) of the Convention concerns criminal offences, the Committee once again 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 noted previously 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 has been drawn up. Noting the absence of information in the Government’s report, the Committee once again requests the Government to send 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 attained.

Article 7(2). Effective and time-bound measures. Noting once again that the Government has not supplied any information on this provision of the Convention, the Committee repeats its request for detailed information on the effective and time-bound measures taken to 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. In its previous comments, the Committee noted that child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate among some children. It further noted that children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent). The Committee also noted that the Government had adopted a programme to secure Education for All by 2015 (EPT 2015), and that a national movement for the education of girls has been launched. It nonetheless noted that according to the UNESCO Education for All Global Monitoring Report of 2008, owing to a lack of data, it has been impossible to make projections concerning the achievement of the goals fixed by the EPT by 2015, except as regards gender parity in primary education, where it is indicated that Comoros may not achieve the goals by 2015.

The Committee noted that, according to a programme development document sent by the Government with its report on the Minimum Age Convention 1973 (No. 138), the number of children in primary education virtually stagnated between 2003 and 2007 with the number of children enrolled rising from 104,274 to 104,418, and that the number of pupils in the first and second cycles of secondary education increased during the same period from 37,651 in 2003 to 41,118 in 2007, that is an increase of 2.2 per cent per year. The document also indicated that the net enrolment rate at primary level rose from 73 per cent in 2007 to 76 per cent in 2008. The Committee noted, however, that according to information available on the UNICEF website (www.unicef.org/infobycountry/comoros_statistics.html), for the years 2000–07, the net primary school attendance ratio is only 31 per cent for both girls and boys and the net secondary school attendance ratio is only 11 per cent for girls and 10 per cent for boys. In this regard, the Committee noted the information sent by the Government in the abovementioned programme development document to the effect that the accommodation capacity of schools is very limited and that some, particularly primary and secondary schools, have to refuse to enrol some children of school age. Consequently, many children, especially those from poor families and underprivileged backgrounds, are deprived of education. The document also highlights the ineffectiveness of the school system which is due to poor distribution of teachers and inefficient use of human resources. The education system also suffers from a lack of motivation among training supervisors, insufficient learning time and limited access to school manuals, all factors that account in part for its poor record. Furthermore, in terms of structure, there is a heavy demand for education that the country is unable to meet because of a net shortfall in available resources.

The Committee noted from the programme development document the Government’s statement that it intends to step up efforts to attain the objectives of EPT 2015, in particular by striving to provide universal primary schooling that is free, compulsory and of a high standard, to eliminate all forms of inequality in educational provision in primary and secondary schools, in particular by stepping up education for girls, to improve access to and the quality of secondary education and to diversify educational supply so as to provide all young people with the same opportunities to succeed. The Committee must nevertheless reiterate its concern at 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, the Committee strongly encourages the Government in its commitment to redouble its commitment efforts to improve the functioning of the national education system. In this regard, it requests the Government to provide information on the measures taken in the context of EPT 2015 to raise the school attendance rate and reduce the school drop-out rate, particularly among girls. It also requests the Government to continue providing information on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. Child domestic labour. The Committee noted previously that, according to the ODEROI annual report of October 2006, child domestic labour is common practice in the country. Poverty, combined with lax enforcement of legislation, is partly responsible for this situation. Although 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 noted that according to the ODEROI report, a “National strategy for the protection of children most at risk” was adopted in 2004. It noted that children employed in domestic work, particularly little 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 the work. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate whether, in the framework 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 once again requests the Government to supply information on the measures taken in this regard.

Part V of the report form. Application of the Convention in practice. In its previous comments the Committee noted that no statistical data on the number of children who are victims of the worst forms of child labour appear to be available for Comoros. Noting the absence of information in the Government’s report, the Committee once again expresses the hope that, in its next report, the Government will be in a position to provide 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 violations detected, investigations, prosecutions, as well as on the convictions and penalties imposed. As far as possible, the information supplied should be disaggregated by sex.

CMNT_TITLE

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 sections 345–348 of the Penal Code deal with the abduction of minors. Section 345 of the Penal Code penalizes anyone 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 treats as a minor anyone who has not attained the age of majority, which is fixed at 18 years. Noting the absence of information in the Government’s report, the Committee again asks 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.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously 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 noted 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, including prostitution, particularly of girls, exists in the country. Consequently, noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of section 322(1) and (6) and section 323(1) of the Penal Code, including statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed. It also requests the Government once again 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. In its previous comments, the Committee noted that accordingly to the ODEROI annual report of October 2006, the use of children in pornography is considered a problem in the country. It noted that the national legislation does not, however, appear to prohibit and penalize this worst form of child labour. Noting the absence of information in the Government’s report, the Committee once again asks the Government to indicate the measures taken or envisaged to prohibit and treat as a criminal offence, in accordance with Article 3(b) of the Convention, the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances. It also once again requests the Government to establish penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments the Committee reminded 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. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to prohibit the use, procuring or offering of a child for illicit activities, in particularly for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention. The Committee also once again requests the Government to adopt penalties for this purpose.

Articles 3(d) and 4, paragraph 1. Hazardous work and determination of types of hazardous work. In its previous comments the Committee noted draft Order No. 5 fixing the types of work and categories of enterprises prohibited to young persons and the age requirements regarding the admission of children to employment (draft Order No. 5) and observed that the term “child” used in the draft Order 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). The Committee nonetheless noted the Government’s statement that a draft regulatory act has been prepared determining the types of work and the categories of enterprises prohibited to young persons and the age requirements regarding the admission of children to work, and that its purpose is to raise the minimum age from 16 to 18 years. The Committee notes that in its report on the Minimum Age Convention, 1973 (No. 138), the Government states that so far there have been no developments regarding the adoption of the draft regulatory act determining the types of work and categories of enterprise prohibited to young persons and the age requirements for the admission of children to work. The Government adds that, to remedy this, the text of the draft regulatory act will be revised and copies will be sent to employers’ and workers’ organizations with a view to its adoption at the earliest possible date. The Committee expresses the hope that the draft regulatory act will take account of Articles 3(d) and 4(1) of the Convention. It requests the Government to take measures to ensure that the draft regulatory act is adopted in the near future and to provide a copy of it once it has been adopted.

Article 5. Monitoring mechanisms. 1. Labour inspection. In its previous comments the Committee noted that sections 154–177 of the Labour Code deal with the bodies and means involved in the application of provisions relating to labour. It noted in particular that under section 154 of the Labour 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 performance of their jobs, including provisions on the employment of children and young persons. Noting the absence of information in the Government’s report, the Committee once again asks the Government to communicate 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. Noting the absence of information in the Government’s report, and inasmuch as Article 3(a)–(c) of the Convention concerns criminal offences, the Committee once again 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 noted previously 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 has been drawn up. Noting the absence of information in the Government’s report, the Committee once again requests the Government to send 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 attained.

Article 7, paragraph 2. Effective and time-bound measures. Noting once again that the Government has not supplied any information on this provision of the Convention, the Committee repeats its request for detailed information on the effective and time-bound measures taken to 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. In its previous comments the Committee noted that child labour is a visible phenomenon in the country, particularly as a result of poverty and the low school enrolment rate among some children. It further noted that children engage in work from the age of 12 onwards, with 94 per cent of children aged between 12 and 18 working in agriculture (15 per cent), fishing (14 per cent) and domestic work (10 per cent). The Committee also noted that the Government had adopted a programme to secure Education for All by 2015 (EPT 2015), and that a national movement for the education of girls has been launched. It nonetheless noted that according to the UNESCO Education for All Global Monitoring Report of 2008, owing to a lack of data, it has been impossible to make projections concerning the achievement of the goals fixed by the EPT by 2015, except as regards gender parity in primary education, where it is indicated that Comoros may not achieve the goals by 2015.

The Committee notes that, according to a programme development document sent by the Government with its report on the Minimum Age Convention 1973 (No. 138), the number of children in primary education virtually stagnated between 2003 and 2007 with the number of children enrolled rising from 104,274 to 104,418, and that the number of pupils in the first and second cycles of secondary education increased during the same period from 37,651 in 2003 to 41,118 in 2007, that is an increase of 2.2 per cent per year. The document also indicates that the net enrolment rate at primary level rose from 73 per cent in 2007 to 76 per cent in 2008. The Committee notes, however, that according to information available on the UNICEF web site (www.unicef.org/infobycountry/
comoros_statistics.html), for the years 2000–07, the net primary school attendance ratio is only 31 per cent for both girls and boys and the net secondary school attendance ratio is only 11 per cent for girls and 10 per cent for boys. In this regard, the Committee notes the information sent by the Government in the abovementioned programme development document to the effect that the accommodation capacity of schools is very limited and that some, particularly primary and secondary schools, have to refuse to enrol some children of school age. Consequently, many children, especially those from poor families and underprivileged backgrounds, are deprived of education. The document also highlights the ineffectiveness of the school system which is due to poor distribution of teachers and inefficient use of human resources. The education system also suffers from a lack of motivation among training supervisors, insufficient learning time and limited access to school manuals, all factors that account in part for its poor record. Furthermore, in terms of structure, there is a heavy demand for education that the country is unable to meet because of a net shortfall in available resources.

The Committee notes from the programme development document the Government’s statement that it intends to step up efforts to attain the objectives of EPT 2015, in particular by striving to provide universal primary schooling that is free, compulsory and of a high standard, to eliminate all forms of inequality in educational provision in primary and secondary schools, in particular by stepping up education for girls, to improve access to and the quality of secondary education and to diversify educational supply so as to provide all young people with the same opportunities to succeed. The Committee must nevertheless reiterate its concern at 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, the Committee strongly encourages the Government in its commitment to redouble its commitment efforts to improve the functioning of the national education system. In this regard, it requests the Government to provide information on the measures taken in the context of EPT 2015 to raise the school attendance rate and reduce the school drop-out rate, particularly among girls. It also requests the Government to continue providing information on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. Child domestic labour. The Committee noted previously that, according to the ODEROI annual report of October 2006, child domestic labour is common practice in the country. Poverty, combined with lax enforcement of legislation, is partly responsible for this situation. Although 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 noted that according to the ODEROI report, a “National strategy for the protection of children most at risk” was adopted in 2004. It noted that children employed in domestic work, particularly little 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 the work. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate whether, in the framework 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 once again requests the Government to supply information on the measures taken in this regard.

Part V of the report form. Application of the Convention in practice. In its previous comments the Committee noted that no statistical data on the number of children who are victims of the worst forms of child labour appear to be available for Comoros. Noting the absence of information in the Government’s report, the Committee once again expresses the hope that, in its next report, the Government will be in a position to provide 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 violations detected, investigations, prosecutions, as well as on the convictions and penalties imposed. As far as possible, the information supplied should be disaggregated by sex.

CMNT_TITLE

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.