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Title: Comoros Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
COMOROS*
*There is no U.S. Embassy in the Comoros. Information available on the
human rights situation is limited.
The Federal Islamic Republic of the Comoros comprises three islands and
claims a fourth, Mayotte, which is still governed by France. The
Comoros has a constitutional government but has been prone to coups
since independence in 1975. The most recent came on September 28 when
foreign-led mercenaries and disaffected Comorian troops attempted to
overthrow the elected government of President Said Mohamed Djohar.
French military forces sent to the island 1 week later arrested the
mercenaries, reinstalled the elected Prime Minister, and freed Djohar
but removed him for "medical treatment" to the French Department of
Reunion. Citing constitutional provisions that take effect when the
President is unable to rule, Prime Minister Caabi El Yachroutou declared
himself Acting President, formed a coalition Government, and pledged to
hold new presidential elections. In January 1996, President Djohar
returned to Comoros to assume his ceremonial duties in accordance with
an agreement brokered by the Organization for African Unity (OAU).
Presidential elections were scheduled for March 6 and 16.
The Comorian Defense Force (FCD) and the Gendarmerie are responsible for
internal security. Both are under civilian control, but their loyalty
is suspect as shown by the participation of several hundred soldiers in
the September 28 coup. During the 1991 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 of this extremely poor country is dominated by agriculture,
but there is a shortage of arable land; soil erosion exacerbates this
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 of 3.56 percent. The per capita
income is approximately $400. The Comoros is a part of the French franc
monetary zone, but the 1994 devaluation of the franc did not improve the
import-dependent economy, and it has had serious short-term consequences
on government finances. The Comoros depends heavily on financial
assistance from France and the European Union.
The human rights situation did not improve in 1995. The Djohar
Government abridged freedoms of the press and travel and continued to
hold soldiers who had allegedly participated in the 1992 coup attempt
against the Government. They were released by the mercenaries who
carried out the September 28 coup, and the coalition Government has
granted them amnesty.
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 for a 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 to be 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 reports of political or other extrajudicial killings.
As far as known, there has been 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 reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution provides for security of the person, and there were no
substantiated reports of torture or other cruel, inhuman, or degrading
treatment or punishment.
Prison conditions 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, humid, and poorly
ventilated cells without sanitary facilities, especially at Kandani
barracks in Moroni. The Government claimed to have moved them to the
regular prison, but press reports of the coup explicitly stated that
they had been freed from Kandani barracks. While the Government would
not permit diplomats to visit the two sons of former president Abdallah,
who were implicated in the 1992 coup attempt, it did permit an ICRC
official and some political associates 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 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 were apparently tried, but details
of that trial are sketchy. Their exact number remained unknown, but
reliable estimates were about 17. Those released by the mercenaries in
September have been granted amnesty. The Government does not use forced
exile as a means of political control.
e. Denial of Fair Public Trial
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 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 few lawyers in the country, making it difficult to
obtain legal representation. The Government does not provide free legal
counsel to the accused. The 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.
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 attempt, were released September 28. The State Security
Court trial of 16 persons (4 in absentia), including the 2 sons of
former president Abdallah, held in April 1993, was 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. At year's
end, how many, if any, of these people were still being held was
unclear.
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, but the latter's editors are selected
by the Minister of Information and are usually his allies.
The government-controlled radio station, Radio Comoros, is the only
station in the country following last year's closure by the Government
of the only independent station. Credible sources cite the station's
frequent criticism of the Government and ties to opposition politicians
as the reasons for its closure. Comorians receive broadcasts from
Mayotte Radio as well as from French television without interference,
but these carry only limited news about Comoros developments. Satellite
antennas 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 level teachers
and students speak freely, and students occasionally engaged in meetings
which criticized the Government.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and association, and
the Government generally respects these rights in practice.
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 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 generally freely granted. However, before the September
coup, ex-presidential candidate Mohamed Taki was refused an exit visa,
which he requested in order to visit an organization's inauguration in
France. The Government claimed that he was conspiring to overthrow the
Government.
There are no refugees in the 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, such as the
constitutional council, the senate, and the island councils, have not
been created.
The new coalition Government is made up of President Djohar's ruling
Rally for Democracy and Renewal (RDR) Party and all major opposition
parties, including those that participated in the coup. In January
1996, the OAU brokered an agreement between the Caabi coalition
government and President Djohar under which Djohar returned to the
Comoros and assumed his symbolic and ceremonial functions as President.
Presidential elections were scheduled to be held on March 6 (first
round) and March 16 (second round).
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 male-dominated, 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 request by a foreign
diplomatic mission to visit prisons (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, origin, or religion. The Government generally
respects these provisions in practice but discourages the practice of
religions other than Islam.
Women
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.
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.
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
The Constitution provides that the disabled should not be abandoned by
the State, and 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. 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
7,000 including government employees, and less than 2,000 excluding
them. Teachers, civil servants, and dock workers are unionized. Unions
are independent of the Government. Teachers and hospital workers go on
strike intermittently, mostly because they do not get paid for months at
a time. There are no laws protecting strikers from retribution, but
there were no known instances of retribution.
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.
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. 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. 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 minuscule
manufacturing sector.
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