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TITLE: COMOROS HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
COMOROS
The Federal Islamic Republic of the Comoros comprises three
islands and claims a fourth, Mayotte, which is still governed
by France. Until the assassination of President Abdallah in
November 1989, the Comoros was a de facto one-party state.
Following a brief rule by European mercenaries who had served
as officers in the presidential guard, French troops arrived to
stabilize the situation. Early in 1990, opposition politicians
returned from exile, and a wide spectrum of political leaders
and eight political parties contested presidential elections in
two stages. The acting President, Said Mohamed Djohar, emerged
the winner in the second round. Following the President's
inauguration on March 20, 1991, the Djohar coalition Government
went through several reorganizations and survived three coup
attempts. The most recent one, on September 26, 1992, involved
two sons of the late President Abdallah.
While several opposition groups exist, the main opposition to
the Djohar coalition comes from the Udzima Party, formerly the
sole legal party. Postponed legislative elections finally took
place in November and December 1992 and resulted in a truly
representative National Assembly, which met for the first time
January 8, 1993. However, the Assembly could reach no
consensus with the President on his choice of ministers, and
after one successful no-confidence vote and the threat of a
second, Djohar dissolved it on June 18, 1993.
French military advisers assisted the Djohar Government in
restructuring and reducing the regular military and police
forces to about 1,700 persons. Further reductions in 1993 left
a force of 989 persons.
Agriculture dominates the economy, but the Comoros is running
out of arable land, and soil erosion on the steep volcanic
slopes is exacerbating the problem. Revenues from the main
crops--vanilla, essence of ylang ylang, and cloves--continue to
fall as the population increases at one of the fastest rates in
the world. Comoros is part of the French franc monetary zone
and depends heavily on France for budgetary support and
technical and security assistance.
The human rights situation changed little in 1993. Nine
persons suspected in the September 1992 coup attempt were
tried, convicted, and given death sentences on April 24, 1993.
The press gave the trial wide publicity, and a public vigil was
kept in front of the courthouse. President Djohar on May 1
commuted the sentences to life in prison. He was pressured to
release these prisoners but showed no willingness to issue a
general pardon. All 13 people convicted of involvement in the
coup attempt were still in prison at the end of 1993. One
reason for the President's reluctance to pardon the prisoners
was that at their sentencing two of the main defendants, Omar
Tamou and Mtara Maesha, admitted to having staged the coup and
vowed to do so again if released. The presiding judge said
their future liberation depended on their behavior in jail.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no confirmed reports of such killings.
b. Disappearance
No disappearances were reported.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no substantiated reports of torture or other cruel,
inhuman, or degrading treatment or punishment. However, prison
conditions usually were unhealthful, with overcrowding and
inadequate diet common. Organizations wishing to inspect
conditions at the military prison were denied access
repeatedly, though the civilian prison could be visited
regularly. For example, the 11 coup plotters held at the
Moroni jail were visited by the Comorian Human Rights
Association in August, but international organizations,
including the International Committee of the Red Cross (ICRC),
were denied access to the military prison where the two
Abdallah sons are held. The sons are, however, permitted one
visit a week by family members. The Comorian Human Rights
Association confirmed that prison conditions at the Moroni jail
were Spartan, with poor sanitation, inadequate diet, and
overcrowding the norm. The Government admitted to these
problems; it blamed them on financial constraints.
d. Arbitrary Arrest, Detention, or Exile
The Constitution does not specify a time limit between arrest
and appearance before a magistrate; however, according to usual
Comorian procedure, the time limit is 48 days. The law is
silent about how long prisoners held for security reasons may
be detained without being charged (see below).
e. Denial of Fair Public Trial
The 1992 Constitution provides for the equality of all citizens
before the law and the right of all accused persons to defense
counsel. The Comorian legal system applies Islamic law and an
inherited French legal code. Most disputes are settled by
village elders or by a civilian court of first instance. In
regular civil and criminal cases, the judiciary is largely
independent, and trials are public. The Supreme Court has the
power to review the decisions of lower courts, including the
Court of Appeals.
National security cases--involving attempts to destabilize the
country or overthrow the Government by violent means--are
handled in the regular court system. In the past, defendants
in security cases were held for up to a year, and then released
without a trial. This pattern was broken by the trial of the
suspected coup plotters in April 1993. Moreover, there were
unconfirmed allegations that the President consulted with the
judge during the trial.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of home and
property. There were no known cases of arbitrary interference
with privacy, including with correspondence. The Paris-based
Indian Ocean Newsletter, which is often highly critical of the
Government, arrives unhindered through the international mail.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression, thought,
and conscience, and Comorians discussed and criticized the
Government and its leading personalities openly. A wide
spectrum of political views was aired throughout the year.
Comorians can receive radio broadcasts from Mayotte and two
French television stations without interference. Satellite
antennas are popular, and amateur radio licenses are granted
without hindrance. Several small independent newspapers are
published, and they operate without interference and freely
criticize the Government. The weekly semiofficial newspaper
also publishes articles critical of some government policies.
Lack of funds and illiteracy are the biggest obstacles to a
wide press audience. Foreign journals and newspapers are
available, as are books from abroad.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association. Under the late President Abdallah, Comorians were
circumspect about organizing public political gatherings, and
political groupings were careful not to antagonize the
Government. Since 1990, as new political parties formed and
old ones resumed activity, numerous rallies and assemblies have
taken place with a minimum of governmental interference.
c. Freedom of Religion
An overwhelming majority of the population is Sunni Muslim.
The Constitution holds Islam to be the "wellspring of the
principles and rules which guide the State and its
institutions." The State upholds the right of non-Muslims to
practice their faith, and there are churches for the small
Catholic and Protestant populations. Christian missions work
in local hospitals and schools, but by local custom they are
not allowed to proselytize.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on travel within the country or
abroad, and exit visas are freely granted.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens now have the right to change their government through
peaceful means. The Constitution gives legal status to a
multiparty system and provides for other fundamental rights.
It calls for new legislative elections to be held within 40
days of the dissolution of the National Assembly.
Organizational problems, concerns about the security of voter
lists, and financial difficulties caused these elections to be
delayed until the end of December. The newly formed party of
the President, Le Rassemblement pour la Democratie et le
Renouveu (RDR), emerged with a slim majority in the Assembly.
Opposition groups boycotted portions of the elections, citing
irregularities on the part of the RDR.
Although the nature of Comorian society makes it difficult for
women to get involved in politics, they have the right to vote
and participate in the political process. There were 11 women
candidates in the 1992 legislative elections, none of whom was
victorious. In August 1991, the first Comorian woman was
appointed to a high government position: Sittou Raghadat
Mohamed was named Secretary of State for Population and the
Condition of Women. Traditional social, religious, and
economic institutions also importantly influence the country's
political life. Interisland rivalries have been a persistent
and growing factor. Village notables and Muslim religious
leaders tend to dominate local politics.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In May 1990, a group of private citizens established the
Comoros Human Rights Association (CHRA, also known as the
Comorian Association for the Rights of Man). The Minister of
Justice praised the CHRA for its report on prison conditions
and promised to improve them but little was changed during the
year. The CHRA had access to civilian prisons and worked as
well to ensure fair treatment of injured prisoners being
treated at the local hospital. In one recent case, CHRA
involvement resulted in the transfer of a prisoner charged with
incest from the public hospital, where he was being mistreated,
to a missionary facility.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The Constitution formally provides for the equality of citizens
regardless of race, sex, or religion. Nevertheless, within
Comorian society, men have the dominant role. Change in the
status of women is most evident in the major towns. Women are
not required to wear a veil. Women are finding increasing
employment opportunities in the small paid labor force and
generally receive wages comparable to those of men in similar
work. However, school enrollment of females is well below that
of males. A Comorian Women's Federation, formed in late 1989,
has the goal of developing a family bill of rights.
Property rights do not disfavor women; for example, the house
the father of the bride traditionally provides to the couple at
the time of their marriage remains her property, even in the
case of divorce.
Violence against women, including wife beating, occurs.
However, medical authorities, the Women's Federation, and the
police believe that violence against women is rare, in part
because of the nonviolent nature of Comorian society. The
Government has not addressed this issue specifically, and there
are no studies or statistics indicating the extent of the
problem. In principle, a woman can seek protection though the
courts in the case of violence, but in reality the issue would
most likely be addressed within the extended family or at the
village level.
Children
The few legal instruments which address the rights and welfare
of children are generally not enforced because of a lack of
inspectors.
People with Disabilities
No legislation is in force or pending concerning accessibility
to public buildings for people with disabilities.
Section 6 Worker Rights
a. The Right of Association
The Constitution allows workers, including most public sector
workers, to form unions and to strike, but these rights only
became a reality in 1990 with the association of some workers
into small unions. Farming on small landholdings, subsistence
fishing, and petty commerce make up the daily activity of most
of the population. Hence, the wage labor force is small; less
than 8,800 including government employees, and less than 2,000
excluding them. Since 1990 groups of teachers, civil servants,
and dock workers--who in previous years formed temporary
associations to press their demands--have created unions for
purposes of collective action.
b. The Right to Organize and Bargain Collectively
There are no laws that prohibit antiunion discrimination or
protect collective bargaining, which is still in its infancy.
Labor legislation, to the extent that it exists, is found
mainly in the Labor Code, which is not rigidly enforced. The
Code does not address the issue of collective bargaining. In
the private sector, wages are set by informal employee/employer
negotiations. Public workers' wages are set by government
policy through the Ministries of Finance and Labor. Economic
rather than political impediments stand in the way of a more
active role by labor organizations; unofficial unemployment
figures exceed 70 percent.
Most unions are in the public sector. Strikes in 1993 usually
related to nonpayment of wages. In recent years it has not
been uncommon for government workers to go months without being
paid. There are no restrictions on unions joining federations
or affiliating with international bodies.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is forbidden by the Constitution and
is not practiced.
d. Minimum Age for Employment of Children
The Labor Code defines 15 years as the minimum age for the
employment of children. The Ministry of Labor is lax about
enforcing this provision, but child labor is not an issue due
to the lack of employment opportunities for adolescents and
young adults. Children generally help with the work of their
families in the large subsistence farming and fishing sectors.
e. Acceptable Conditions of Work
The Government mandates minimum wage levels. The rates, which
vary by occupation, have not been changed in 13 years and no
longer reflect economic realities in the Comoros. The minimum
wage for a laborer is about $15 (4,600 Comorian Francs) per
month. Efforts in 1993 to raise the minimum wage failed.
However, most workers earn some income from subsistence
agriculture or fishing and receive support from the extended
family. The hours of work in any one job rarely exceed 35
hours per week.The Government periodically reminds employers to
respect the Labor Code, which guarantees 1 day off per week,
plus 1 month of paid vacation per year, but does not set a
standard workweek. Overall, the Ministry of Labor sets very
few standards. The authorities gave no concerted attention to
health and safety standards in the miniscule manufacturing
sector. (###)
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