REPORT OF THE HUMAN RIGHTS PROMOTION MISSION TO
THE UNION OF THE COMOROS
From
16 TO 20 SEPTEMBER 2024
BY
HONOURABLE COMMISSIONERS
REMY NGOY LUMBU
JANET RAMATOULIE SALLAH NJIE
IDRISSA SOW
Considered at the 82nd Ordinary Session
of the African Commission on Human and Peoples' Rights
held virtually from 25 February to 11 March 2025
TABLE OF CONTENTS
ACKNOWLEDGEMENTS
EXECUTIVE SUMMARY
1.0
INTRODUCTION
1.1
1.2
1.3
1.4
1.5
Composition of the delegation
Terms of Reference
Previous engagements between the Commission and Comoros
Country Profile
Methodology
2.0
FINDINGS
2.1
2.2
Legislative and other measures to implement the provisions of the African Charter
Right to Life
2.3 Prohibition and prevention of torture
2.4 Prisons, Conditions of Detention and Prison Situations
2.5 Administration of justice
2.6 Freedom of expression and access to information
2.7 Freedom of Association and Assembly
2.8 Right to participate freely in Public Affairs
2.9. The Right to work
2.10 Right to Health
2.11. The Right to food
2.12. Access to water and electricity
2.13. Right to education
2.14. Rights of Women
2.15. Rights of Children
2.16. Rights of refugees, asylum seekers, migrants, and internally displaced persons
2.17. Rights of older persons
2.18. Rights of persons with disabilities
2.19. Indigenous populations
2.20. Extractive Industries
2.21. Right to self-determination
3.0
RECOMMENDATIONS
ANNEX
Annex 1 : Mission Program
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ACKNOWLEDGEMENTS
1. The African Commission on Human and Peoples’ Rights (the Commission) wishes to express
its deep appreciation to the Government of the Republic of the Union of the Comoros
(Comoros), State Party to the African Charter on Human and Peoples' Rights (the African
Charter), for authorising this Promotion Mission in the country.
2. The Commission particularly expresses its gratitude to the Ministry of Foreign Affairs and
International Cooperation, in charge of the Arab World, Diaspora, Francophonie and African
Integration, as well as to the various focal points who accompanied the delegation throughout
the mission, and for the excellent arrangements put in place to facilitate meetings with
various actors in order to gain a significant insight into the human rights situation in the
country.
3. The Commission expresses its sincere gratitude to the country’s highest authorities for
providing the delegation with the necessary facilities and personnel for the smooth conduct
of the mission. The Commission particularly thanks all the stakeholders it met on the mission
for the open and fruitful discussions aimed at achieving the objectives set for the activity. The
Commission also wishes to thank all the representatives from various ministerial
departments, national institutions, Civil Society Organisations (CSOs), other Institutions, and
individuals who found time to meet with the Delegation.
4. The Commission also thanks the Ambassador of the Republic of the Union of the Comoros in
Ethiopia for liaising with the government authorities to obtain the Government's authorisation
to undertake this mission.
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EXECUTIVE SUMMARY
5. The mission, which is the subject of the report, is undertaken in accordance with Article 45
of the African Charter, which mandates the Commission, among other things, to promote
human rights. It is also part of the implementation of Rule 76 of the Commission's 2020
Rules of Procedure, which authorises the Commission to, ‘from time to time, carry out
promotion missions to States Parties’.
6. The combined reading of the above-mentioned articles therefore makes it imperative for the
Commission, during promotion missions, to gather information on the implementation of the
provisions of the African Charter with a view to formulating principles and rules that can serve
as a basis for the development of legislation and policies relating to human rights.
7. Thus, following authorisation from the Government of the Republic of the Union of the
Comoros, a delegation of the Commission carried out a Promotion Mission in the country
from 16 to 20 September 2024.
8. This mission, the first of its kind in the country, was to establish contacts with the country’s
authorities but also to create a framework for discussion with a view to inviting the Union of
the Comoros to fulfil its obligation to submit an initial report on the state of implementation
of the rights guaranteed by the Charter, in accordance with the requirements of Article 62.
9. The Mission was then expected to make a general assessment of the human rights situation
in the Comoros, a State party to the African Charter.
10. During the mission, the delegation engaged with State actors at the highest level of
governance involved in the promotion and protection of human rights in the Comoros,
foremost among them being the Prime Minister, H.E Dr Aboubacar Said Anli, Minister of
Energy, Water and Hydrocarbons.
11. During the mission, the delegation visited and held discussions with the following
organisations:
-
The European Union office in the Union of the Comoros;
-
The Bar Association;
-
The Civil Society Organisations Hub;
-
The listening centre for victims of violence against women and children.
12. The delegation noted many positive developments characterised by a political will and a real
commitment shown by the highest authorities of the country to the promotion and protection
of the human rights of the Comorian people. These include:
-
The personal commitment of the President of the Republic to the issue of women's
rights;
-
The constitutionalisation of human rights since 2018;
-
The de facto moratorium on the execution of the death penalty since 1997;
-
The construction of a separate block for women and minors at Moroni prison;
-
Efforts to train magistrates in response to the lack of sufficient staff in the judicial
sector;
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-
The granting of subsidies to associations working on issues relating to women and
children's rights;
-
The percentage of the budget allocated to health (14% of the budget);
-
The decentralisation of the judiciary and the establishment of juvenile courts;
-
The establishment of a listening centre (service d’ecoute) for victims of violence,
measures to combat early marriages;
-
Tougher penalties for those who commit violence against women and children;
-
The release of political prisoners;
-
The progress made in recent years to improve the representation of women in the
Union's Executive and Assembl; and
-
Programs developed by the various ministries that incorporate a human rights-based
approach.
13. The delegation also noted some areas of concern for which it made recommendations to the
Government and other stakeholders. These include:
-
The dilapidated state of prisons;
-
The inadequacy of meals offered to prisoners andprison overcrowding;
-
The prolonged pre-trial detention;
-
The continued detention of people who have served their sentences;
-
The lack of a legal aid system;
-
The inadequacy of judicial staff;
-
Interference in admission to the Bar Association;
-
The alarming rate of school drop-outs among young people;
-
The restrictions on freedom of association and assembly;
-
The lack of qualified medical staff;
-
The low level of access to drinking water;
-
The disparities in access to electricity;
-
The failure to disburse the budget allocated to the National Commission on Human
Rights and Freedoms; and
-
The lack of appropriate facilities for persons with disabilities.
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1.0. INTRODUCTION
1.1.
Composition of the delegation
14. The African Commission delegation was composed as follows:
i.
ii.
iii.
iv.
1.2.
Honourable Commissioner Rémy Ngoy Lumbu, Chairperson of the Commission,
Special Rapporteur on Human Rights Defenders, Focal Point on Reprisals and
Focal Point on Judicial Independence in Africa (Head of Delegation);
Honourable Commissioner Janet Ramatoulie Sallah-Njie, Vice-Chairperson of the
Commission, Special Rapporteur on the Rights of Women in Africa; and
Honourable Commissioner Idrissa Sow, Commissioner in charge of monitoring the
human rights situation in the Union of the Comoros and Chairperson of the Working
Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Killings and
Enforced Disappearances in Africa.
The delegation received technical support from Mr Eric Bizimana and Ms Estelle
Nkounkou Ngongo, legal officers at the Commission's Secretariat.
Terms of Reference
15. In according with the terms of reference, the mission objectives were as follows:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
Promote the African Charter and all other regional and international human rights
legal instruments ratified by the Union of the Comoros and advocate for the
ratification of those that are yet to be ratified;
Strengthen the collaborative relationship between the Commission and the Union
of the Comoros in the area of promotion and protection of the rights guaranteed
by the Charter and other relevant regional and international legal instruments;
Engage in a constructive dialogue with the Government of the Union of the
Comoros on the legislative, institutional and other measures taken to give full
effect to the provisions of the African Charter and other duly ratified instruments,
as well as the presentation of periodic reports on their implementation;
Exchange ideas and share experiences with the Comorian Government and other
actors working in the area of human rights in the country, on strategies to improve
the enjoyment of the rights guaranteed by the various ratified instruments;
Gather all relevant information on the level of enjoyment of the rights of women
and children and identify affirmative action measures and where necessary,
persistent challenges;
Gather relevant information on the situation of older persons, persons with
disabilities, refugees, asylum seekers and migrants in the Union of the Comoros;
Assess the level of enjoyment of economic, social and cultural rights by Comorian
citizens and the measures taken by the government to implement these rights;
Exchange views and gather information on the exercise of the right to freedom of
expression and access to information in the Union of the Comoros;
Gather information on the situation of human rights defenders in the Union of the
Comoros and, where necessary, make the various stakeholders understand the
challenges posed to the effective enjoyment of their human rights;
Exchange views and gather all relevant information on the extractive industries
sector, and assess its impact on the lives of the citizens and on the environment;
Assess the impact of HIV/AIDS in the country and consult with authorities and other
stakeholders working to fight the pandemic about the legislative measures,
policies and other steps taken to prevent, treat, care and support people living with
HIV (PLHIV) and those at risk, vulnerable to, and affected by the disease;
Gather information on the implementation of the Guidelines and Measures for the
Prohibition and Prevention of Torture and Cruel, Inhuman or Degrading Treatment
or Punishment in Africa (Robben Island Guidelines);
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xiii.
xiv.
xv.
1.3.
Meet with all stakeholders involved in human rights activities in order to discuss,
among other things, their programs, their assessment of the human rights
situation in the country and the difficulties encountered in carrying out their
activities;
Collect information on the prison situation and visit prisons and other detention
centres in order to assess the conditions of detention of prisoners; and
Visit some socio-economic achievements that have an impact on the lives of
Comorian people.
Previous engagements between la Commission and the Union of the Comoros
16. Complaints have been filed against Comoros for alleged human rights violations. The
Commission's decision on the merits of Communication 725/19 - Mr Hassane Ahmed el
Barwane and Others v. Union of the Comoros had not yet been notified to the parties at
the time of the mission. Communication 702/18 - Ahmed Abdallah Mohamed Sambi v.
Union of the Comoros was struck out.
1.4.
Country Profile
17. The Comoros is an archipelago in the Indian Ocean located at the northern end to the
Mozambique Channel. The archipelago occupies an area of 2237 km² and is made up of
four islands: Grande Comore (1147 km²), Anjouan (424 km²), Mohéli (290 km²) and
Mayotte (374 km²).
18. The Union of the Comoros unilaterally declared its independence on 6 July 1975, with the
exception of Mayotte, which in February 1976 decided to remain under the control of
France, the former colonial power. Mayotte became France's 101st department on 31
March 2011, despite numerous resolutions recognising the island as part of the Comoros,
adopted by the United Nations General Assembly between 1976 and 1994.1
19. Since independence, the government of Comoros has endured numerous coup d’état
and repeated secessionist strife, instigated by foreign mercenaries.
20. The separatist crisis in Anjouan, which has been raging since the late 1990s, resulted in
the creation of a federation known as the Union of the Comoros, at the beginning of the
21st century.
21. Article 52 of the 2018 Constitution establishes that ‘The presidency of the Union rotates
between the Islands. Each Island, through the elected candidate, carries out the
presidency of the Union for a mandate of five (5) years, renewable once. In no case may
an Island exercise more than two (2) consecutive mandates. The President of the Union
is elected by universal direct majority suffrage in two rounds’.
22. The 2018 Constitution abolished the provisions guaranteeing a rotating presidency
among the three islands, allowing the elected President to serve two consecutive terms.
23. The country is organised into Governorates (islands), which enjoy a high degree of
administrative autonomy. Governors are appointed by the President of the Republic on
1 Resolutions 31/4, 37/65, 39/48, 40/62, 41/30, 42/17, 43/14, 44/9, 45/11, 46/9, 47/9, 48/56 et 49/18
of the United Nations General Assembly. In 1976, the United Nations Security Council, in its resolution S/11967,
asked the French Government to refrain organising a referendum in Mayotte and " to respect the
independence,sovereignty,unity and territorial integrity of the Comorian State and to refrain from any action
likely to undermine the independence, sovereignty, unity and territorial integrity of the Comorian State […]
composed of the islands of Anjouan, Grande Comore, Mayotte et de Mohéli".
Page 7 on 27
the recommendations of the Council of each island. The Union of the Comoros has 54
communes.2 The official languages are Comorian, French and Arabic. 3
24. They practise a unicameral legislature. However, the Assembly of the Union has the
particularity of having parliamentarians representing the federated entities (autonomous
islands). The Assembly of the Union comprises of twenty-four deputies elected for a term
of five (5) years.
25. The legal system is characterised by legal pluralism. It amalgamates customary law,
Islamic law (sharia law) and the so-called French civil code. The legal sources include: the
French Civil Code, which was applicable until independence in 1975 for matters not
expressly provided for in Sharia law; the Minhadj à Twalibin, Guide des croyants,
considered "the true civil code of the Comoros," which defines the sharia law; and the
Milanantsi, an informal code of ancestral justice that establishes a number of sanctions
in cases of social exclusion.
26. The country is yet to ratify the following international treaties:
- Protocol to the African Charter on Human and Peoples' Rights on the Rights of Older
Persons in Africa;
- African Union Convention for the Protection and Assistance of Internally Displaced
Persons in Africa;
- African Youth Charter;
- International Covenant on Civil and Political Rights and its Second Protocol aiming
to abolition the death penalty;
- International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families;
- International Covenant on Economic, Social and Cultural Rights;
- International Convention for the Protection of All Persons from Enforced
Disappearance;
- The 1951 Convention relating to the Status of Refugees
- The 1954 Convention relating to the Status of Stateless Persons and the 1961
Convention on the Reduction of Statelessness.
1.5.
Methodology
27. During the mission, the delegation held discussions with various State and Non-State Actors
involved in the promotion and protection of human rights in the Comoros, namely:
i.
Minister of Foreign Affairs and International Cooperation in charge of the Arab
World, the Diaspora, the Francophonie and African Integration;
ii. Minister of Justice, Islamic Affairs and Public Service in charge of Human Rights,
Transparency and Public Administrations;
iii. Minister of Economy, Industry, Investments, in charge of Economic Integration;
iv. Minister of the Environment, in charge of Tourism;
v. Secretary general of the Ministry of Youth, Employment, Occupational Integration,
Sports, Arts, & Culture;
vi. Secretary general at the Ministry of Gender Promotion, Information, and
Government Spokesperson;
vii. Minister of the Interior, Information, Decentralization Charged with Relations with
the Institutions;
viii. The Director of cabinet of the Minister of Health and Social Protection;
ix. President of the Assembly of the Union
2 A/HRC/WG.6/46/COM/1, para 5.
3 Article 9 of the constitution.
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x. Planning Commissioner;
xi. The Chairperson of the National Commission on Human Rights and Freedoms;
xii. President of the Supreme Court
xiii. Deputy Attorney General ;
xiv. Prosecutor at the Court of Appeal;
xv. Deputy Public Prosecutor ;
xvi. Vice-President of the Bar Association
28. The delegation also visited Moroni prison and the women and children’s listening centre
for victims of sexual, psychological, physical, cultural and economic violence.
29. The delegation concluded the mission with a press conference.
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2.0.
FINDINGS
30. The mission lasted five (5) days during which the delegation had the opportunity to meet and
interact with a representative sample of stakeholders.
31. The delegation's exchanges with a range of stakeholder representatives enabled it to obtain
relevant information on the human rights situation in the country.
32. As regards progress, the delegation noted the constitutionalisation of human rights since
2018, the adoption of numerous legislative, regulatory and institutional provisions for the
promotion and protection of human rights throughout the country, the establishment of
mechanisms and measures for the protection and support of victims of violence and other
initiatives aimed at improving the living conditions of Comorians.
33. Regarding challenges, the delegation noted the non-ratification of certain international and
regional human rights protection instruments, poor conditions of detention, restrictions on
freedom of peaceful assembly, association and expression, limited number of judges,
prolonged pre-trial detention, continued detention of individuals who have served their
sentences, lack of training and specialisation among magistrates.
34. Despite these areas of concern, the delegation welcomes and positively appreciate the
commitment by the Comorian authorities to ratify the treaties that are yet to be ratified, once
the impact assessment thereof has been carried out.
35. The senior officials of the Union of the Comoros met by the Commission's delegation also
expressed the State party's willingness to collaborate further with the Commission and to
submit the initial report without delay. In this regard, the Commission was asked to increase
its visits in order to support the Comoros in its efforts to implement the human rights
guaranteed by the African Charter and other instruments duly ratified in the country.
36. Based on the mission's terms of reference and taking into account the information gathered
by the delegation during its exchanges with the various stakeholders, the following findings
are reported.
2.1.
Legislative and other measures to implement the provisions of the African Charter
37. In order to make the provisions of the international and regional instruments to which it is a
party of effective, the Union of the Comoros has, in recent years, adopted and/or revised
legislative texts, including:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
The 2018 Constitution which includes a bill of rights;
Law No. 17-012/AU on Universal Health Coverage, promulgated by Decree No. 17105/PR of 5 October 2023;
Law No. 23-013/AU of 27 June 2023 amending and supplementing Law No
11028/AU of 23 December 2011 relating to the National Commission for
Human Rights and Freedoms;
Law No. 21-011/AU of 08 June 2021 on the information and communication code;
Law No. 20-038/AU of 29/12/2020 on the Criminal code;
Law No. 20-003/AU of 29 June 2020 on the Health Code;
Law No. 14-036/AU of 22 December 2014 on the Prevention and Punishment of
Violence against Women in the Union of the Comoros, promulgated on 02 May 2015;
Law No. 14-036/AU of 22 December 2014, on the prevention and punishment of
violence against women in the Union of the Comoros;
Law No 14-034/AU, of 22 December 2014, relating to the fight against child labour
and trafficking;
Page 10 on 27
x.
Law No. 17-011/AU banning 'production, import, marketing and distribution of nonbiodegradable plastic packaging and bags promulgated on 5 October 2017
38. The delegation also noted the legislative plans underway. These include :
i.
ii.
The Draft law on legal aid currently being examined;
The Draft law revising law 94-018 of 22 June 1984 on the environment, which will be
submitted to the National Assembly at its next session.
39. The Union of the Comoros has established several institutions which, by virtue of their
missions, contribute to the promotion and protection of human rights in the country. For
example :
i.
ii.
iii.
iv.
v.
The Supreme Court is the highest court in the country. It comprises a judicial chamber,
a constitutional chamber, a commercial and social chamber and an administrative
chamber;
The Union’s Assembly holds legislative power. It has the particularity of having
parliamentarians representing the federated entities (autonomous islands). The Union’s
Assembly is composed of 24 deputies elected for a term of five (5) years;
The Audiovisual Regulatory Council ;
The National Committee and Brigade on the Prevention of Illegal Migrant Smuggling and
Trafficking in Person
The National Commission on Human Rights and Freedoms (NCHRF), the independent
national human rights institution has a mission to promote and protect human rights.
CIVIL AND POLITICAL RIGHTS
2.2.
Right to Life
40. Article 4 of the Penal Code provides for the death penalty, but no executions have been
recorded since 1997. The delegation was informed that the Government had submitted
a draft Penal Code which had provided for the abolition of the death penalty, but the
National Assembly had rejected it on the grounds that society was not yet ready for such
a reform.
41. During the mission, the Commission issued a press release condemning the attempted
assassination of His Excellency Azali Assoumani and expressing the hope that the judicial
enquiry launched by the national authorities would shed full light on the motives for this
act and the circumstances surrounding the death of the presumed perpetrator.
42. The Delegation raised with the Attorney General of the Republic two cases that had
been brought to its attention, namely the murder of a person during one of the
matches of the World Cup qualifiers in November 2023 in Moroni and the fate of
Mr Inssa Mohamed, commonly known as Bobocha, who has been missing since
2021; as well as the death of the suspect in the attempted assassination of the
President of the Republic on 13 September 2024. As regards the first case, the
delegation was informed that investigations were underway and that the suspect in
the case had escaped. He confirmed that investigations were also continuing into
the other two cases.
43. With regard to the preservation of life during peaceful demonstrations, the Ministry of the
Interior informed the delegation that the police is unarmed and that only the army carry
weapons. Nevertheless, they stated that one person had been killed during a violent
protest during the election period in January 2024. They stated that the gendarmes had
fired warning shots at protesters who were attempting to forcefully enter a minister’s
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residence. They further indicated that the gendarmes were being trained in the techniques
of maintaining order.
2.3.
Prohibition and prevention of torture
44. Torture is an offence under the Comoros Criminal Code. The delegation received no
allegations of torture during the visit.
2.4.
Conditions of detention and prison situations
45. The Union of the Comoros has one prison per island. The representatives of Comorian
institutions interviewed, acknowledged that, all the prisons in the Union are dilapidated,
overcrowded, lack adequate sanitary facilities and that prisoners and detainees are fed only
one meal a day. The visit to Moroni prison enabled the delegation to observe that the
detention cells are dilapidated, overcrowded and poorly ventilated. A significant number of
the prisoners was bare-chested due to the stifling heat with many clothes hanging on a rope
in a shed serving as a kitchen, and water was stored in jerrycans.
46. The delegation also noted that minors and adults were detained together. The juvenile cell
contained 13 persons, the oldest of whom was 20 years old and the youngest 15, according
to statements collected on site. The prison authorities informed the delegation that the oldest
juveniles had reached the age of majority in prison.
47. Some prisoners spontaneously approached the delegation to report that food, water and
cleanliness were insufficient. They said they were suffering from skin diseases, and were not
taken to hospital when needed. They pointed out that many people are victims of prolonged
pre-trial detention, while others are not released after serving their sentences.
48. The director of Moroni prison stated that mattresses were available but that the prison lacked
space for additional beds.
49. The delegation noted with satisfaction that the Government, with the support of the European
Union, has built a new detention centre for women and children. The new block, separate
from the main building of the central prison, was inaugurated on 22 May 2024.4. Only seven
women were being held there at the time of the visit, as the children in prison had not yet
been transferred. The delegation noted the absence of a partition separating the women's
cells from those intended for minors in conflict with the law.
50. Similarly, the authorities we met mentioned that the government was looking for funds to
improve prison conditions, particularly, by building new prisons.
51. The delegation noted that prison overcrowding is partly caused by the small size of detention
facilities, prolonged pre-trial detention, the continued imprisonment of people who have
served their sentences, and the failure to use alternatives to detention, despite the fact that
these are provided for in the penal code.
52. In an effort to relieve prison overcrowding, the President of the Republic pardoned all political
prisoners. The delegation was informed that three minors were released after the prison visit.
53. The delegation noted that the Moroni Civil Prison has a clinic that handles less severe medical
cases. The authorities assert that, when necessary, patients are transferred to hospitals
when the prosecutor allows it. Sometimes, doctors are allowed to attend to sick prisoners
inside the prison.
54. The nurse on duty told the delegation that there had only been one suspected case of
tuberculosis in the prison and that in case of a positive diagonosis, the affected persons are
transferred to special facilities.
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55. The delegation also noted that the prisons had no sports or learning facility. The authorities
we met mentioned that for the past three years, student prisoners have been allowed to sit
their baccalaureate exams.
56. The prison authorities interviewed were not aware of the Guidelines on the Conditions of
Arrest, Police Custody and Pre-trial Detention in Africa. The delegation took advantage of the
visit to share certain texts developed by the Commission (soft law) with them
2.5.
Administration of justice
57. The law on the organisation of the judiciary in the Union of the Comoros provides for
judicial power decentralisation to bring justice closer to the people. The Ministry of Justice
organises mobile court hearings outside the courts. In addition, the law provides for legal
aid for vulnerable population groups, as well as provides defence lawyers for defendants
who cannot afford legal representation4. However, the provision for legal aid is not yet
effective.
58. Juvenile courts already exist. 5 Since May 2022, a dedicated court room for minors in
conflict with the law or victims of violence was made available to the national gendarmerie
to prevent any forms of violence and to enhance the confidentiality of hearings.6
59. However, magistrates, including those dealing with minors, lack specialisation.
Gendarmes who conduct preliminary investigations into offences committed by minors
also lack specialisation.
60. Judicial Council is headed by the President of the Republic. It is responsible for the
administrative supervision and control of the activities of magistrates. It advises the
President on the appointment of magistrates, handles issues regarding disciplinary
measures, and imposes sanctions if need be.7
61. According to the Bar Association, lawyers are not allowed to intervene in preliminary
investigation conducted by the gendarmerie as it constitutes a violation of the right of the
defendants to legal assistance at all stages of the criminal procedure. Legal assistance is
only provided at the trial.
62. According to the Attorney General, suspects are held in detention during investigations,
which in principle lasts four months and can be renewed once. He acknowledges that
some individuals may remain in pretrial detention for more than two years.
63. The stakeholders consulted unanimously agree that the number of magistrates is
insufficient in relation to the demand. The delegation was informed that in August 2024,
the government recruited 20 additional magistrates and that another group of
magistrates was undergoing training.
64. The delegation was also informed that the number of lawyers available is inadequate. The
bar association asserts that lawyers are subject to abusive prosecutions and that until
2014 the Executive appointed the bar president.
4 Article 42 of Law No. 23-012/AU relative to the Supreme Court: ‘Admission to lega laid is granted by Bureau
of the Surpreme Court in accordance with the precedures it determines; the relevant appropriations are entered
in the Supreme Court budget’
5 Concluding Observations on the Initial Report of Comoros to ACERWC, para 27.
6 https://documents.un.org/doc/undoc/gen/g24/027/67/pdf/g2402767.pdf, para 48.
7 Law No. 87-017 of 22 January 1991 and revised by law no. 15-013/AU of 28 December 2015.
Page 13 on 27
65. The judicial actors consulted expressed the need to train judges and lawyers in human
rights, particularly on the application of international instruments, which have superior
authority to national laws according to the 2018 Constitution.
2.6.
Freedom of expression and access to information
66. Article 158 of Law No. 21-011/AU of 8 June 2021 on the Information and Communication
Code states that ‘in the exercise of their profession, professional journalists have free
access to sources of information’. Article 159 states that ‘journalists are not obliged to
divulge their sources and may not, in this case, be questioned by the public authorities’.
67. The authorities accuse certain media outlets of outraging public decency in violation of
Comorian law and maintain that journalists need training to avoid abusing freedom of
expression.
68. Complaints about journalists' ethics are referred to the Comorian National Press and
Audiovisual Council.
69. The government acknowledges that despite the existing legislation and the establishment
of the ethics commission, journalists are arrested. Penalties for defamation remain in the
legislation and journalists are regularly summoned to reveal their sources in police
custody. Journalists risk being sentenced to prison at anytime for press-related offences
if found guilty.8
70. In 2022, the Head of State committed to establishing an Autonomous Media Support
Fund.9
2.7.
Freedom of Association and Assembly
71.
To operate in the Union of the Comoros, an association must first obtain a
permit. The permit is granted by the Ministry of the Interior to associations that
meet the requirements of the law.
72.
The authorities require organisers of demonstrations to obtain permits and
other authorisations for demonstrations of all kinds. The Director of cabin et to the
minister of the Interior explained to the delegation that individuals who wish to
organize a demonstration must request authorisation from the prefect, and if
approved, the latter issues a written permit. The Director of Cabinet to the ministry
of the Interior indicated that in the event of a refusal, the organisers could appeal
to the courts. According to the civil society organisations we met, prefects arbitrarily
refuse to authorise demonstrations, and the army is deployed to prevent
unauthorised demonstrations.
73.
The delegation was informed that demonstrations are supervised by unarmed
police to avoid blunders and excesses. According to the Ministry of the Interior,
police officers are sometimes the victims of violence from demonstrators and the
government has recently recruited 257 young police officers to strengthen the
police force. In the event of disorder or violence, the gendarmerie intervenes to
deter people from wrong doings.
74.
According to the Diector of Cabinet to the Minister of the Interior, during the
election period in January 2024, one person was killed by the gendarmerie when
8 A/HRC/WG.6/46/COM/1, para 89.
9 La Gazette des Comores, 19 janvier 2022.
Page 14 on 27
20 demonstrators armed with iron bars broke into a minister's residence. He
asserted that the gendarmerie opened fire after the rioters ref used to comply with
warnings. He added that violent demonstrators set fire to a police station.
75.
The delegation noted the lack of dynamism of civil society organisations and human
rights defenders in general, as wee as, the lack of knowledge of the legal framework
governing civil society and the African human rights system. To date, no CSO has observer
status with the ACHPR. The Civil Society Organisation hub, which brings together 70
member organisations, claims that a former governor created a parallel Civil Society
organisations hub to absorb the public subsidies initially allocated to CSOs. It was this
organisation that monitored the presidential and legislative elections.
76.
Since 2016, the Civil Society Organisation Hub has been unsuccessfully
advocating for the establishment of a youth parliament.
2.8.
The right to participate freely in public affairs
77. With regard to women's participation in public affairs, an increase in the rate of women's
participation in public life has been noted in recent years, although their participation
remains low. The current Executive includes two women, which is unprecedented in the
country's history.
78. A bill introducing a 30% quota adopted by the Union’s Assembly in 2007 has still not been
enacted. One of the three governors is a woman. The communal law requires parity between
men and women, but it is not applied effectively.
79. According to the President of the NCHRF, there is no male-driven movement preventing
women from entering politics. She emphasized that women need to be encouraged and
made aware of the importance of engaging in politics.
80. Some believe that family pressure discourages women, while others argue that women who
enter politics often become the subject of rumours about their questionable behaviours.
Women are also stigmatised by other women.
SOCIAL AND ECONOMIC RIGHTS
2.9.
The Right to work
81. The 1984 Labour Code as revised by Law no. 12-012 /AU of 28 June 2012,
prohibits the worst forms of child labour, which includes all forms of slavery or
similar practices, such as the sale and trafficking of children and forced or
compulsory labour. However, 9% of children between the ages of 5 and 17 are
engaged in child labour. 10
82.
Women are under-represented in the urban workforce due to numerous
household responsibilities. In rural areas, women are primarily limited to
agricultural work and childcare, with fewer opportunities for education and salaried
employment.
83.
The law grants workers the right to form and join independent trade unions of
their choice without prior authorization or excessive requirements. However, the
10 MICS Comores, 2022, UNICEF.
Page 15 on 27
law does not require the reinstatement of workers dismissed for engaging in union
activities.
2.10. Right to Health
84. Reforms aimed at achieving universal health coverage by 2030 have been undertaken,
notably, the adoption of the Public Health Code in 2020, the development of key policies
and strategies, such as: the National Health Policy (2023-2030), the National Health
Development Plan (2023-2030), the Reproductive, Maternal, Newborn, Child and
Adolescent Health Strategy (2023-2027), the National Immunization Strategy (20232027) and the National Nutrition and Food Policy implementation plan (2023-2025).
85. Law No. 17-012/AU on Universal Health Coverage (UHC) promulgated by Decree No. 17105/PR of 5 October 2023 provides for : the establishment of a General Health Insurance
Programme; the creation of budget lines in the 2022 and 2023 Finance Acts, relating to
AMG subsidies (KMF 400 million) and the reduction of maternal and infant mortality (KMF
300 million); expansion of Performance-Based Financing mechanisms (covering the costs
of prenatal consultations, caesarean sections and normal deliveries for women of
childbearing age) and free healthcare services under specific public health programs,
such as, malaria, HIV, tuberculosis and leprosy, and mobilisation of additional funds from
technical and financial partners, ensuring free healthcare for diseases of public health
concern (tuberculosis, malaria, and HIV/AIDS).
86. State budget allocated to health amounts to 14% by 2024. The country is in the process
of establishing a Teaching Hospital and a Faculty of Medicine.
87. The geographical accessibility of the population to health services within a radius of 5 km
is 45% for Ngazidja (Grande Comores), 74% for Ndzouani (Anjouan) and 69% for Mwali
(Mohéli), i.e. a national average of 63%.11
88. Regarding equal access to healthcare services, particularly, to reduce maternal mortality,
full (100%) Emergency Obstetric Care Services are provided in national and island referral
hospitals, compared with 33% in cluster hospitals. 100% Caesarean section services can
be accessed in hospitals, compared with 10% in clinics. Regarding technical capacity, an
average of 78% of essential healthcare materials are available in the hospitals, while 28%
of healthcare products are available the other heathcare facilities.12
89. The availability of basic emergency obstetric and neonatal care services shows that 60%
of health facilities offer delivery services, including an average of 25% for newborn care.
Delivery services are fully (100%) available in hospitals and 67% to 91% in health posts
and centres. The lowest percentage is found in clinics: 41%. In maternity wards/isolated
health posts, 70% of delivery services are provided and only 24% of neonatal resuscitation
services.13
90. The survival of children continues to be threatened by limited access to care due to the
insufficient number of functioning healthcare facilities and the lack of qualified healthcare
personnel, as well as difficulties in accessing healthcare. 14 There was only one
psychiatrist in the country as at 2023.15
11 A/HRC/WG.6/46/COM/1, para 119.
12 A/HRC/WG.6/46/COM/1, para 120.
13 A/HRC/WG.6/46/COM/1, para 121.
14
A/HRC/WG.6/46/COM/2, para 46.
15 A/HRC/WG.6/46/COM/2, para 48.
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91. In terms of legislation, people living with HIV/AIDS are protected by Law No. 14-011 of 21
April 2014 on the rights of people living with HIV and their involvement in national
response.
92. Comoros is implementing a National Strategic Plan to combat HIV, AIDS and STIs 20212025. By 2021, 100% of HIV-positive pregnant women had been put on ARVs and had
benefited from PMTCT, and 100% of newborns had tested negative. By 2025, Comoros
aims to have zero new infections among infants born to HIV-positive mothers with 75% of
pregnant women who know their HIV status and a 75% reduction in the number of new
infections compared with 2020.
93. HIV prevalence amongst the general population is estimated at 0.03%. A number of
activities are being carried out to reduce the spread of infections and the impact of HIV
on the general population. These include :
Condom distribution targeting young people aged 15 to 24, sex workers and their
clients, and men who have sex with men, right down to community level.
Behavioural change awareness campaigns: Media campaigns, Social Media
campaigns, Pre/post screening campaigns, Hospital campaigns, Community
campaigns, Detention centre campaigns.
STI and hepatitis screening. HIV screening is carried out through rapid tests in health
facilities and by NGOs. Negative diagnosis are immediately reported to the people
concerned, while suspicious or positive diagnosis for HIV are subjected to a second
and third test, following the three-test confirmation algorithm.
Prevention of Mother-to-Child Transmission (PMTCT). The strategy for eliminating
mother-to-child transmission of HIV (PMTCT) has been updated and covers the period
2024-2028. Pregnant women are screened for HIV during prenatal consultations
(PNC). In 2010, the Comoros established PMTCT sites in 17 health facilities, mainly
district health centres and national and island referral hospitals. As of 2012, HIV
screening for pregnant women had been generalised in all the country's public health
facilities.
Caring for people living with HIV involves radiological and biological care, medical care,
nutritional care and psychological care.
2.11. The Right to food
94. The Union of the Comoros is implementing the National Nutrition and Food Policy16 (PNNA
2018-2025) to ensure the right of the entire Comorian population to adequate food and
nutrition. The overall objective of the PNNA 2018-2025 is to improve the nutritional status
of the Comorian population and contribute significantly and sustainably to reducing
morbidity and mortality linked to food and nutritinal problems, particularly among the
most vulnerable.
95. The intermediate objectives of this National Nutrition and Food Policy are to :Prevent and
properly manage malnutrition in all its forms: Contribute to reducing the incidence of noncommunicable diseases related to nutritional determinants and their consequences
(overweight, obesity, diabetes, cardiovascular diseases, cancer); Promote healthy eating
habits and adequate nutrition as well as practices that support good nutrition; Contribute
to improving the availability and accessibility of food both in quantity and quality to
Comorian households; Contribute to enhancing the nutritional status of vulnerable
groups, particulary children, adolescents, women of childbearing age, pregnant and
breastfeeding women, the elderly and people living with HIV/AIDS.
16
https://faolex.fao.org/docs/pdf/com223822.pdf
Page 17 on 27
96. As a result of chronic malnutrition, 31 out of 100 children had stunted growth.17 Prisoners
are fed only one meal a day.
2.12. Access to water and electricity
97. Due to its steep topography and limited soil permeability, the Union of the Comoros is
plagued with low drinking water storage capacity. In 2023, the rate of access to drinking
water in the Comoros was estimated at 19%.18 More than 60% of health centres had no
running water, 75% had no hand-washing facilities and 49% had no waste management
services. The situation was similar in schools: around 43% of primary school pupils had
no access to water, 81% had no access to hand-washing facilities and 43% had no access
to toilet facilities.19
98. Access to electricity in the Comoros varies across the different islands of the archipelago:
65% in Grande Comore, 50% in Anjouan, and 20% in Mohéli. The Comorian energy sector
is faced with a lack of infrastructure and resources. Electricity is mainly generated by
diesel-fuelled thermal power stations. There are, however, several renewable energy
projects, notably the installation of solar panels in rural areas and geothermal energy with
the support of the African Development Bank. Electricity is supplied by the Société
Nationale de l'Electricité des Comores.
99. The Commissioner-General for Planning mentioned that that the country is carrying out
projects to provide access to water and solar energy, especially in rural areas. A project to
harness thermal energy is also underway.
2.13. Right to education
100. Primary education is compulsory in the Comoros. However, the rate of children
dropping out of school is 40%, according to the Ministry of Youth. The African Committee
of Experts on the Rights and Welfare of the Child (ACERWC) has noted with concern that
schoolchildren are required to pay fees for primary education in public schools. In 2017,
ACERWC recommended that Comoros provide free and compulsory basic education.
101. The lack of access to healthcare and menstrual hygiene facilities in rural
communities, as well as, the lack of running water in schools have a negative
impact on girls’ education. 20
102. The Union of the Comoros has a national strategy on the education of children
with disabilities (2017-2026), which aims to enable all children with disabilities to
enjoy their fundamental rights to education freely.
CATEGORICAL RIGHTS
2.14. Rights of Women
103. The Union of the Comoros is a State party to the Protocol to the African Charter on
Human and Peoples' Rights on the Rights of Women in Africa and to the Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW).
A/HRC/WG.6/46/COM/2, para 41.
https://lejournaldemayotte.yt/2023/10/31/comores-la-penurie-deau-sintensifie-a-moroni-malgre-lescapacites-dapprovisionnement/#:~:text=potable%20%C3%A0%20Anjouan,Le%20taux%20d'acc%C3%A8s%20%C3%A0%20l'eau%20potable%20est%20de,saoudien%20de%20d%C3%A
9veloppement%20(FSD).
19 UNICEF submission for the universal periodic review of the Comoros, para. 9.
20 U.S Department of State Report, May 2024
17
18
Page 18 on 27
104. A Ministry of Gender Promotion, Solidarity and Information was established in July
2024.
105. Comoros adopted a National Gender Equity and Equality Policy in 2017.
Objectives of the National Gender Equity and Equality Policy :
The creation of political, institutional, legal and socio-cultural environment
favourable to gender equality and the reduction of violence against women;
Mainstreaming gender in development programmes and policies, and in
budget preparation;
The economic empowerment of women through actions targeted at their
specific needs and aimed at reducing poverty amongst women and
strengthening the role of women in the development process.
106. For more than a decade, there has been an enormous decline in physical
violence against women, from 29% in 2012 to 2.3% in 2022. The cumulative
number of cases of violence against women between 2020 and 2022 is 2,150, of
which 50.2% were cases of sexual violence, 30.1% economic violence and 9.9%
physical violence. 21
107. Articles 301 and 302 of the Criminal Code, define sexual assault as "any sexual
act or violation of any kind committed against another person by violence, coercion,
threat or surprise". Rape is punishable by a 5 to 10-year term of imprisonment, or
even 15 years if the victim is under the age of 15. The law does not specifically
address marital rape, but being married to a survivor does not exonerate the
perpetrator from the offence. The 2020 Penal Code also criminalises sexual
harassment.
108. The penal policy remains one of zero tolerance, characterised by the systematic
denial of bail to those prosecuted for sexual assault offenses.
109. The Comorian government has established seven reception and holistic care
structures known as ‘service d’écoute et de protection des femmes et des enfants
victimes des violences’ on the three islands (3 on Ngazidja, 2 on Mohéli and 2 on
Anjouan).
110. The main causes of violence are drunkenness, polygamy and the economic
vulnerability of women after divorce.
111. The listening centre in Ngazidja visited by the delegation has been in operation
since 2004 and has seven staff, including two gynaecologists. Initially run by NGOs,
the listening centres have been fully funded by the government since 2012. The
Ngazidja listening centre, which receives an average of five cases a week, offers
the following services: receiving telephone calls through a toll-free helpline;
welcoming, listening to, advising and guiding beneficiaries; providing medical and
psychological support; initiating legal actions against the perpetrators of violence
through a law firm that has a contract with the listening service; and reintegrating
survivors into schools or providing them vocational training.
112. Awareness of the existence of these services is created by training members of
adolescent clubs in schools, who in turn train their peers.
https://alwatwan.net/societe/violences-bas%C3%A9es-sur-le-genre-i-les-donn%C3%A9es-confirment-unebaisse-des-cas-de-violence-physique.html
21
Page 19 on 27
113. Regarding sexual health, the Ministry responsible for gender distributes
condoms on a decentralised basis. The health system includes mobile clinics in
rural areas that provide prenatal consultations. This has considerably reduced
maternal deaths and deaths at birth.
114. Victims of sexual violence receive an anti-pregnancy pill within 72 hours of the sexual
act. Article 285 of the Criminal Code criminalises abortion, although it may be carried out
on medical grounds. Abortion may be authorised in serious cases confirmed in writing by
at least two doctors, particularly when the pregnancy endangers the life of the mother.
115. Due to high levels of continental migration to Mayotte, the government plans to
train the listening centre personnel to identify cases of human trafficking.
116. Comorian women working in the Middle East sometimes return home with aftereffects. The government is trying to identify the countries of destination in order to
prevent migration, and to identify and assist those concerned. Repatriated women
receive specific care, although there is no dedicated support service yet.
117. According to the 1979 Nationality Code, men can pass on their nationality to
their foreign wives through marriage, but the law does not allow women to pass on
their nationality to their foreign husbands.
118. Inheritance and property rights practices seem to favour women. Women inherit
the family home, but not the agricultural land or the business.
2.15. Children’s Rights
119. The Union of the Comoros has ratified the African Charter on the Rights and Welfare
of the Child, and the country has submitted its initial report to the African Committee of
Experts on the Rights and Welfare of the Child. However, the concept of a child is still
explained differently across the Union.
120. The country adopted a National Policy for the Protection of Children Against Violence
in 2016. The general aim of the policy is to protect child victims or children at risk from all
forms of abuse. Its specific objectives are prevention and care, the establishment of a
data collection system, and the implementation of children's rights.
121. A child born out of wedlock cannot bear his father's name or inherit from him. Article
100 of the Comorian Family Code states that “the filiation of a child born out of wedlock
does not create any kinship link vis-à-vis the father and generally does not produce any of
the effects provided for in Article 99”, which provides in particular that “a child born in
wedlock bears the name of its father”.
122. The 1984 Labour Code as revised by Law n°12-012 /AU of 28 June 2012, prohibits
the worst forms of child labour, which includes all forms of slavery or similar practices,
such as the sale and trafficking of children and forced or compulsory labour. However, 9%
of children between the ages of 5 and 17 are engaged in child labour.22 In 2017, ACERWC
encouraged the government to regulate and supervise the formal and informal sectors to
protect children from economic exploitation.23
22
MICS Comores, 2022, UNICEF.
23 Concluding Observations of the African Committee of Experts on the Rights and Welfare of the Child
(ACERWC)’s initial report, para 26.
Page 20 on 27
123. The minimum legal age for marriage is 18 years. Article 15 of the 2015 Family
Code allows judges to grant exceptions to the prohibition of marriage for minors
under 18, which contributes to forced and/or early marriages among young girls.
124. Less than 4.9% of women aged between 20 and 24 were married off before their
fifteenth birthday. 24 There are no legal sanctions for those who facilitate child
marriages. The authorities we met asserted that cadis who perform marriages are
aware of issues surrounding marriages and that a mother who wanted to marry off
her 14-year-old daughter was summoned.
125. Cases involving children in matters of morality are heard behind closed doors.
126. Legislation prohibits corporal punishment in educational institutions. Article 5
of Law no. 20-034/AU of 29 December 2020 states that, ‘Corporal punishment,
moral abuse, harassment, and all other forms of violence are prohibited in
educational institutions and are sanctioned by administrative measures and/or
legal proceedings’. In May 2017, the Government informed ACERWC, that the new
Penal Code, adopted in 2014, prohibited all corporal punishment, but the said code
has not been promulgated. 25
127. Corporal punishment is allowed in alternative care settings and day-care centres, in
line with parents' right to reprimand their children, enshrined in the 2005 Family Code.26
ACERWC recommended that Comoros outlaw corporal punishment under the Comorian
legal system in all settings and raise awareness in society about positive parenting and
child discipline.27
128. The President of the Assembly of the Union insists on the relativism of human
rights and indicates that the Comoros have an approach to human rights that takes
traditions into account. Thus, he considered that far from constituting abuse,
discipline and child labour prepared children to be responsible and productive. The
delegation told him that this African conception of human rights is a requirement
of the African Charter.
129. The listening and counselling centre has trained local schools to raise
awareness of sexual abuse and has helped to set up clubs and mechanisms for
reporting sexual abuse cases in schools. In February 2023, the authorities trained
the gendarmerie in interview techniques, trauma identification and systems for
protecting child survivors and witnesses of abuse.
130. Cases of violence rose from 627 in 2022 to 769 in 2023. 28 However, in
comparison with the data for the last quarter of 2023, cases of violence in the first
quarter of 2024 were down, from 186 cases to 145.29
131. When cases of child abuse are reported, the police conduct initial investigations
and refer the cases to the Morals and Minors Brigade for further investigations and
legal proceedings. If there is sufficient evidence, the authorities systematically
initiate prosecutions. 30
24
MICS 2022 Survey, Comoros.
25 A/HRC/WG.6/46/COM/3, para 83.
26
A/HRC/WG.6/46/COM/3, para 84.
27 Concluding Observations (ACERWC)’s initial report, para 18.
Bulletin trimestriel d’information sur les violences faites aux enfants et aux femmes en Union des Comores,
octobre- décembre 2023, page 3.
29 Bulletin trimestriel d’information sur les violences faites aux enfants et aux femmes en Union des Comores,
janvier- mars 2024, page 2.
30 U.S Departement of State Report, May, 2004 .
28
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132. The European Union provides support for children deported from Mayotte and
for the education of children in remote areas.
2.16. Rights of refugees, asylum seekers, migrants, and internally displaced persons
133. Every year, several thousands of Comorians attempt to flee Anjouan to reach Mayotte
aboard unsafe boats operated by private transport companies. Given the Comorian
Government's reluctance to accept returnees and assume responsibility for their welfare
after their expulsion by foreign authorities, these individuals were at high risk of
exploitation or trafficking upon their return.31
134. The Comoros does not have a legal framework applicable to mixed movements, and
migrants and asylum seekers intercepted at sea or arrested on national territory are
perceived as a threat to national security.32
135. One of the migration routes to Mayotte is through Tanzania, leading to numerous
human casualties. The Comoros is working with Tanzania to prevent these dangerous
migration flows. The country has not yet established a reception center to care for
migrants
2.17. Rights of older persons
136. To date, no national legislation specifically for the protection of the elderly exists.
However, the delegation was informed of the Comorian government's intention to ratify
the Protocol to the African Charter on Human and Peoples' Rights on the Rights of
Older Persons. The country has developed a solidarity strategy for the elderly, who are
currently cared for by the Islamic Council.
2.18. Rights of persons with disabilities
137. The Union Assembly passed a law on the promotion and protection of the rights of persons
with disabilities on 22 December 2014, which states in Article 1 that: “by a person with
disabilities, we mean all persons who have lasting physical, mental, intellectual, or sensory
disabilities whose interaction with various barriers may impair their full and effective
participation in society on the basis of equality”.rious barriers may hinder his full and effective
participation in society on an equal basis.
138. The law provides for persons with disabilities to have access to buildings, information,
communication, education and transport. The law prohibits discrimination against people
with physical, sensory, intellectual or mental disabilities. The government has failed to
apply the law effectively. Despite the lack of appropriate facilities for children with
disabilities, they attend both public and private mainstream schools. School enrolment
rate is low, while the risk of dropping out is higher.33
139. Persons living with disabilities face some forms of discrimination in the area of
employment and occupation, mainly with regard to access to work sites and other
accessibility issues.
140. Children take care of their disabled parents.
31 A/HRC/WG.6/46/COM/2, para 67.
32 A/HRC/WG.6/46/COM/2, para 69.
33 A/HRC/WG.6/46/COM/3, para 89.
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2.19. Indigenous populations
141. The authorities interviewed assert that there are no indigenous populations in Comoros.
OTHER RIGHTS
2.20. Extractive Industries
142. The Emerging Comoros Plan 2030, is based on five pillars (1) tourism and handicrafts,
(2) blue economy, (3) financial and logistical services, (4) modernised agriculture to
ensure food security, et (5) industrial niches to diversify the economy by developing
products such as seafood, essential oils, and natural cosmetics that will give the Comoros
a comparative advantage.34
143. Quarrying generates dust that pollutes the air and has a negative impact on flora and
fauna. According to the Minister of the Environment, protected areas account for 30% of
Comorian territory, including six national parks that are prioritized for protection.
144. The Comoros are asking the African Commission to advocate the application of the
polluter-pays principle in accordance with the Paris agreements on climate change.
2.21. Right to self-determination
145. Mayotte remains under French domination despite numerous resolutions of the United
Nations General Assembly recognizing the island as part of the Comoros. The Comorian
authorities are committed to continuing all efforts required to end the occupation of the
island.
3. RECOMMENDATIONS
I.
To the Comorian Government
146. In view of the above concerns, the Commission notes that the Union of The Comoros is
still facing a number of challenges relating to the promotion and protection of human rights
in the country. In the light of the delegation's findings, the Commission invites the Comorian
Government to adopt the following recommendations in order to guarantee better promotion
and protection of human rights for the Comorian people.
A. Overview
1. Legislative and other measures to implement the provisions of the African Charter
i.
Submit an initial report on the measures taken to give effect to the rights and freedoms
guaranteed by the Charter, in accordance with the requirements of Article 62 of the
said text;
ii. To ratify the African Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa (Kampala Convention)35; the Protocol to the African Charter
on Human and Peoples‘ Rights on the Rights of Older Persons in Africa;36 the Protocol
to the African Charter on Human and Peoples’ Rights on the Rights of Persons with
Disabilities in Africa; the Protocol to the African Charter on the Rights of Citizens to
Social Protection and Social Security; and the Protocol to the African Charter on Human
34 Le Plan Comores émergent 2030, page 6, accessible sur
https://www.wto.org/english/thewto_e/acc_e/com_e/WT_ACC_COM_33_CD2.pdf
35 Signed on 2 February 2010.
36 Signed on 29 January 2018.
Page 23 on 27
and Peoples’ Rights on the Specific Aspects of the Right to a Nationality and the
Eradication of Statelessness in Africa;
iii. To submit the declaration in accordance with Article 34 (6) of the Protocol to the African
Charter on Human and Peoples’ Rights on the Establishment of an African Court on
Human and Peoples’ Rights;
iv. To Promulgate the law establishing a 30% quota in the Executive and Assembly of the
Union;
v. Effectively implement the communal law on gender parity.
2. Institutional measures to implement the provisions of the African Charter
i.
ii.
iii.
iv.
Provide NCHRF with the financial resources it needs to carry out its mandate;
Sup a compensation fund for victims of abusive detention;
Combat the rate of school drop-out among young people;
Pooling efforts between the Ministry of Youth and Employment and the Ministry of
Education to re-educate young school drop-outs.
B. Promotion and protection of human rights.
1. Right to Life
i.
ii.
iii.
iv.
Pursue and conclude as soon as possible the trial into the death of a person
killed during one of the matches of the World Cup qualifiers in November
2023 in Moroni;
Clarify the fate of Mr Inssa Mohamed alias Bobocha who has been missing since
2021;
To shed light on the circumstances surrounding the death of the suspect in the
attempted assassination of the President of the Republic on 13 September 2024;
Consolidate the moratorium on the execution of the death penalty by commuting
death sentences to life imprisonment.
2. Prisons, Conditions of Detention and Prison situations
i.
ii.
iii.
iv.
v.
Take the necessary urgent measures to improve prison conditions, by ensuring
that prisoners and detainees have adequate food, reducing the length of pre-trial
detention, and putting an end to the continued imprisonment of people who have
served their sentences;
Reduce prison overcrowding, particularly, by applying alternatives to detention and
imprisonment, as stipulated in the Penal Code, in this case probation and/or
community service;
Plan for the construction of new prisons;
Adopt a prison policy and a policy for the social reintegration of prisoners;
Make sufficient pharmaceutical products and qualified medical staff available in
places of detention;
3. Administration of justice
i.
ii.
iii.
iv.
v.
vi.
Increase the number of judges and court officers;
Allow defendants to be assisted by a lawyer at all stages of criminal proceedings;
Accelerate the adoption of the law on legal aid;
Ensure compensation for victims of arbitrary detention;
Ensure compensation for victims of arbitrary detention;
Respect the independence of the Bar.
Page 24 on 27
4. Right to freedom of expression and access to information
i.
ii.
iii.
iv.
Decriminalise press offences and ensure that media censorship meets the requirements
of legality, necessity and proportionality in accordance with international standards;
Set up and operationalise an autonomous media support fund;
Ensure an unfettered access to information including through the internet.
Create a secure framework for the work of journalists.
5. Freedom of association, assembly and peaceful demonstration;
i.
ii.
iii.
iv.
Revise the law on the conditions for the exercise of freedom of association, assembly and
peaceful demonstration in accordance with international standards;
Refrain from all forms of violence in the management of public demonstrations;
Lift restrictions on the granting of permits to associations and NGOs;
Establish a framework for the protection of human rights defenders in the country by
adopting a law on the protection of human rights defenders (HRDs) in accordance with
the provisions of the 1998 United Nations Declaration on HRDs.
6. Participation in public affairs
i.
ii.
iii.
iv.
Enact the law establishing a 30% quota for women;
Apply the communal law on gender parity;
Take positive measures to encourage women's participation in public affairs;
Raise awareness among women as well as religious and community leaders, especially
in rural areas, of the role of women in politics.
7. The right to work and the fight against poverty
i.
ii.
Increase the number of programmes promoting access to employment for young people;
Adopt more measures to integrate young people into the professional sector.
8. Right to Health
i.
ii.
iii.
iv.
v.
Provide hospitals and health centres with sufficient equipment;
Train and make available to hospitals and health centres, especially public ones, a
sufficient number of qualified staff;
Accelerate the creation of a university hospital centre and a faculty of medicine.
Continue awareness campaigns to prevent HIV/AIDS infections;
Continue to provide holistic care for people infected with HIV.
9. The Right to food
i.
Stepping up efforts to combat chronic malnutrition.
10. Access to water and electricity
i.
ii.
Continue efforts to distribute water and electricity, especially in rural areas;
Eliminate disparities between islands in terms of access to electricity.
11. Right to education
iii.
Adopt policies, plans and programmes to encourage and retain young people in schools.
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12. Women’s Rights
i.
ii.
iii.
Improve policies and programmes to support women in rural areas with a view to their
empowerment;
Revise the family code to allow Comorian women to pass on their nationality to their
husbands;
Include in the initial report a section on the implementation of the Maputo Protocol.
13. Children’s Rights.
i.
ii.
Continue with the efforts to combat child labour and school drop-out;
Detain children in conflict with the law as a last resort and ensure their separation from
adults.
14. Rights of refugees, asylum seekers and migrants
i.
ii.
iii.
Ratify the Kampala Convention ;
Increase protection measures for migrants;
Establish a mechanism for the effective care of internally displaced persons.
15. Rights of older persons
i.
ii.
iii.
Ratify the Protocol to the African Charter on Human and Peoples' Rights on the Rights of
the older persons;
Create mechanisms for the care of older persons;
Create recreational facilities for the elderly to prevent their isolation.
16. Rights of persons with disabilities
i.
ii.
iii.
iv.
Ratify the Protocol to the African Charter on Human and Peoples' Rights on the Rights of
Persons with Disabilities;
Increase measures for the inclusion of persons with disabilities and their effective
participation in public affairs;
Set up a mechanism to ensure that people with disabilities have access to the equipment
they need;
Institute and ensure compliance with town planning and construction standards that
takes into consideration the situation of persons with disabilities.
17. The extractive industries and the impact of the extractive industries on the environment
and on the lives of citizens
iv.
Ensure compliance with environmental standards in the proposed exploitation of
hydrocarbons;
Adopt measures to ensure effective compliance with corporate social responsibility.
v.
II.
i.
ii.
iii.
To Other stakeholders
To national institutions, the delegation recommends that they continue their efforts to
promote and protect human rights in the Comoros;
To representatives of civil society, the delegation recommends that they be more dynamic
by opening up to the outside world;
To the international community, the delegation recommends that it continues to support
the efforts of the Comorian government, the institutions of the Republic and civil society
in the promotion and protection of human rights in the Comoros.
ANNEX 1. MISSION PROGRAM
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First Day:
Sunday, 15 September 2024:
i. Courtesy call on the Minsiter of Foreign Affairs
Second Day : Monday, 16 September 2024 :
i. Visit to Moroni Prison
ii. Visit to the listening centre for women and children are victims of violence
Third Day:
Tuesday, 17 September 2024:
i. Meeting with representatives of the following ministries and technical
departments: Interior, General Secretary of the Government, Foreign
Affairs, Justice, Environment, Health, Gender Promotion and the Union’s
Assembly
ii. Meeting with the Secretary General of the Ministry of Economy
iii. Meeting with the Minister for the Environment
Fourth Day :
Wednesday, 18 February 2024 :
i. Visit to office of the Public Prosecutor at the Court of Appeal;
ii. Visit to the office of the public prosecutor
iii. Visit to the Supreme Court: meeting with the President of the Supreme
Court, the First Substitute Public Prosecutor and the President of the
Constitutional Chamber.
iv. Visit to the President of the Union’s Assembly
v. Visit to the National Commission on Human Rights and Freedoms;
vi. Meeting with the programme officer, European Union delegation
vii. Meeting with the vice-president of the Bar
viii. Meeting with the General Planning Commissioner
Fifth Day :
Thursday, 19 September 2024 :
i. Meeting with the Minister of Justice
ii. Meeting with the director of cabinet at the Ministry of Health
iii. Meeting with the director of cabinet at the Ministry of the Interior
iv. Meeting with the Secretary General and the Technical Adviser at the
Ministry of Youth and Employment
v. Meeting with the Secretary General and the National Director at the
Ministry in charge of Gender Promotion
vi. Meeting with Civil Society Organisations
vii. Courtesy call on the Senior Minister for Energy, Water and Hydrocarbons
Sixth Day:
Friday, 20 September 2024
Press conference
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