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TITLE: COMOROS HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
COMOROS*
The Federal Islamic Republic of the Comoros comprises three
islands and claims a fourth, Mayotte, which is still governed
by France. Since the assassination of President Abdallah in
1989, the Comoros has passed from a de facto one-party state,
through a brief rule by European mercenaries, to a government,
chosen in multiparty elections in 1991, won by Said Mohamed
Djohar. President Djohar has controlled the Government since
1991 but has faced strong opposition in the National Assembly,
particularly from the Udzima Party, formerly the sole legal
party. He has also survived several coup attempts. In the new
elections held at the end of 1993, Djohar's Rassemblement pour
la Democratie et le Renouveau (RDR) party won a majority in the
Assembly, and the President consolidated his position in 1994.
The 1992 Constitution mandates several institutions, including
a senate, constitutional court, and island councils, but by
year's end the Government had not established them.
The Comorian Defense Force (FCD) and the gendarmerie are
responsible for internal security. Both are under civilian
control, answering to the Presidency and the Ministry of
Interior respectively. Security forces committed a number of
human rights abuses in 1994, and during the last elections
there were reports of interference by members of the military
acting on behalf of the Djohar Government. French officers
serve as advisers to the FCD.
The economy is dominated by agriculture, but there is a
shortage of arable land, and soil erosion has exacerbated the
problem. Revenues from the main crops--vanilla, essence of
ylang ylang, and cloves--continue to fall, while the population
(about 500,000) is growing at an extremely high rate. Comoros
is a part of the French franc monetary zone, and while the 1994
devaluation of the franc may improve export and investment
opportunities in the long term, it has had serious short-term
consequences on the Government's finances. Comoros depends
heavily on French financial assistance.
The human rights situation did not improve in 1994. The
Government abridged freedoms of the press and assembly, and
security forces killed several persons in controlling a
demonstration on the island of Moheli. The Government
*There is no U.S. Embassy in the Comoros. Information on the
human rights situation is therefore limited.
continued to hold incommunicado an unknown number of soldiers
who had allegedly participated in the 1992 coup attempt against
the Government. The 1993 trial in the State Security Court of
16 other persons, including two sons of former president
Abdallah, for participation in the 1992 coup attempt did not
meet international standards of fair trial. The Government did
permit officials of the International Committee of the Red
Cross (ICRC) to visit Abdallah's sons in prison. Prison
conditions remained harsh, and societal discrimination against
women continued as a serious problem.
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 known political killings, but on at least one
occasion, government forces used excessive force against
antigovernment demonstrators on the outer island of Moheli.
According to credible reports, in June government forces fired
into the crowd, killing three persons and wounding several
others. The demonstrators also committed acts of violence
during the melee.
As far as known, there was no official investigation into the
deaths of two persons reportedly killed (and secretly buried)
by the gendarmerie on the eve of the legislative elections in
December 1993 on the island of Anjouan.
b. Disappearance
There were no reported disappearances.
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,
several persons, all members of opposition parties, who were
arrested in late 1993 on the island of Anjouan, claimed that
they had been mistreated by the gendarmerie at Koki prison in
Mutsamudu.
Prison conditions--especially in military prisons where most
political prisoners are held--continued to be poor. A lack of
proper sanitation, overcrowding, inadequate medical facilities,
and poor diet are common problems. The Government admits these
problems but has taken no action to remedy them. Those persons
imprisoned in connection with the 1992 coup attempt reported
that they were held in cramped cells, humid and poorly
ventilated, without sanitary facilities, especially at Kandani
barracks in Moroni. While the Government would not permit
diplomats to visit the two sons of former president Abdallah,
who were implicated in the 1992 coup attempt and are being held
in Kandani prison, it did permit an ICRC official to visit
them. There were no reports of abuse of women in prison.
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 hours. The law
is silent about how long prisoners held for security reasons
may be detained without being charged. The soldiers arrested
after the 1992 coup attempt have been held incommunicado
throughout 1993 and 1994 without charge or trial. The exact
number of soldiers being held is unknown, but estimates range
from 11 to 70. The Government does not use forced exile as a
means of political control.
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. However, there are very few lawyers in the country,
making it difficult to obtain legal representation. The
Government does not provide free legal counsel to the accused.
The Comorian legal system incorporates Islamic law as well as
French legal codes. 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.
The number of political prisoners held by the Government was
not known at year's end. Omar Tamou and M'tara Maecha, who
admitted to staging the 1992 coup, remained in prison serving
life sentences. The State Security Court trial of 16 persons
(4 in absentia), including the two sons of former president
Abdallah, held in April 1993, has been judged unfair by
international human rights monitors. There was evidence of
executive interference during the trial (see the 1993 report),
and defense lawyers had limited access to the defendants and
case information.
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 or correspondence.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression, thought,
and conscience, and the Government generally respected this
right in practice with one important exception (see below).
Comorians discuss and criticize the Government and its leading
personalities openly. The several small independent newspapers
and weekly semiofficial newspaper freely criticize the
Government. However, radio is the most important medium for
reaching citizens, and in 1994 the Government closed down the
country's only nongovernment radio station. Credible sources
cite the station's frequent criticism of the Government and
ties to opposition politicians as the reasons for its closure.
There is one government-controlled radio station, Radio
Comoros. Comorians receive broadcasts from Mayotte radio as
well as from French television without interference, but these
carry only limited news about Comoros developments. Satellite
antennae are popular and amateur radio licenses are issued
without hindrance. Foreign newspapers are available, as are
books from abroad.
Although there is no university in the Comoros, secondary
teachers and students speak freely, and students occasionally
engaged in meetings critical of the Government.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, and the Government generally respects it in
practice. There were numerous partisan political
demonstrations during the year, some of which led to violence.
On at least one occasion the Government refused an opposition
party permission to hold a rally.
c. Freedom of Religion
An overwhelming majority of the population is Sunni Muslim.
The Constitution designates Islam as the state religion. The
Government permits non-Muslims to practice their faith, and
Christian missionaries work in local hospitals and schools but
by tradition 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. There are no
refugees in Comoros.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have this right, but it has not yet been fully
demonstrated that they, in fact, have the ability peacefully to
change their government through free and fair elections. The
Constitution gives legal status to a multiparty system and
provides for other fundamental rights. Nevertheless, the
political system remains unstable, and many democratic
institutions established by the Constitution, like the
constitutional court, the senate, and the island councils, had
not been created by year's end. President Djohar and his
party, the RDR, continued to dominate the political process.
Several opposition parties accused the Government of fraud in
the 1993 election, although they participated during the year
in the deliberations of the National Assembly.
Village chiefs and Muslim religious leaders tend to dominate
local politics. Traditional social, religious, and economic
institutions also importantly affect the country's political
life.
Traditionally, Comorian society is characterized by male
dominance, making it very difficult for women to become
involved in politics. Women have the right to vote and
participate in the political process; however, there are no
female ministers or members of the National Assembly.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Comoros Human Rights Association, established in 1990,
continues to function, but many members are unwilling to
criticize the Government vigorously for fear of losing their
civil service positions.
The Government cooperates with international human rights
organizations, including the ICRC. However, it turned down a
U.S. Embassy request to visit prisons in 1994 (see Section
1.c.).
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution formally provides for the equality of citizens
regardless of race, sex, or religion.
Women
Despite constitutional provisions for equality, men have the
dominant role in Comorian society, and few women hold positions
of responsibility in government or business. Societal
discrimination against women is most apparent outside the major
towns where women carry heavy farming and child-rearing duties,
with fewer opportunities for education and wage employment. In
contrast, change in the status of women is most evident in the
major towns, where growing numbers of women are in the labor
force and generally receive wages comparable to those of men
engaged in similar work. While legal discrimination exists in
some areas, in general, inheritance and 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 occurs, but medical authorities, the
police, and women's groups believe that it is rare. In theory
a woman could seek protection through 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 Government, while committed to the protection of children's
rights and welfare in theory, has an extremely limited ability
to put this into practice. Population pressure and poverty
force some families to place their children into the homes of
others. These children, often as young as 7 years of age,
typically work long hours as domestic servants in exchange for
food and shelter. The few legal instruments which address the
rights and welfare of children are not enforced because of a
lack of inspectors.
Female genital mutilation is not generally practiced, and child
abuse appears to be rare.
People with Disabilities
There is no legal protection for people with disabilities, but
there is no evidence of widespread discrimination against the
disabled in the provision of education or other services. No
legislation is in force or pending concerning accessibility to
public buildings or services 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. Teachers, civil servants, and dock workers
have each created unions for purposes of collective action.
Unions are independent of the Government. Teachers and
hospital workers were on strike for most of the latter half of
1994 over a variety of grievances. There are no laws
protecting strikers from retribution, but there were no known
instances of retribution in 1994.
There are no restrictions on unions joining federations or
affiliating with international bodies.
b. The Right to Organize and Bargain Collectively
Unions have the right to bargain collectively, and strikes are
legal. In reality, with over 75 percent of the work force
unemployed and the public sector far and away the largest
employer, true collective bargaining does not take place.
Wages are set by employers in the small private sector and by
the Government, especially the Ministries of Finance and Labor,
in the larger public sector.
The Labor Code, which is only loosely enforced, does not set up
a system for resolving labor disputes, and it does not prohibit
antiunion discrimination by employers.
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 has few
resources to enforce this provision, but outside of domestic
work child labor is not an issue due to the general lack of
wage employment opportunities for adults. Children generally
help with the work of their families in the 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 over a decade and
no longer reflect economic realities in the Comoros. The
minimum wage for a laborer is about $11 (4,600 Comorian francs)
per month. The Government periodically reminds employers to
respect the Labor Code, which specifies 1 day off per week,
plus 1 month of paid vacation per year, but does not set a
standard workweek. There are no safety or health standards for
the miniscule manufacturing sector.
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