CMNT_TITLE

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.