A/HRC/43/49/Add.1 deprivation of liberty of minors fundamentally incompatible with the best interests of the child. 98. Regarding child labour, the official government response is that it does not exist. However, the Special Rapporteur received reports and allegations of wapambe, that is, the practice of poor children, primarily from the islands of Anjouan and Moheli, being placed in the homes of wealthy families in Grande Comore to work in the house and in fields, or being sent to Qur’anic teachers. While some may receive care and education, the alleged reality is that many are exploited, subjected to forced labour and routinely abused, and this includes the risk of sexual abuse. 3. Lesbian, gay, bisexual, transgender and intersex persons 99. Homosexuality continues to be considered as “improper” and “unnatural” and is criminalized in the Comoros. Article 318 of the Penal Code provides that “whoever will have committed an improper or unnatural act with a person of the same sex will be punished by imprisonment of between one and five years and by a fine of 50,000 to 1 million francs”. 100. This issue was not raised by the Special Rapporteur in meetings, as the Government’s position has remained unchanged during three cycles of the universal periodic review (A/HRC/41/12). Despite encouragement to decriminalize same-sex relations, the Government has, to date, rejected recommendations regarding the rights of lesbian, gay, bisexual, transgender and intersex persons. 101. The Special Rapporteur is concerned that the current law and the Government’s view puts lesbian, gay, bisexual, transgender and intersex persons at high risk of violence, intimidation, harassment and imprisonment. Once deprived of their liberty, their vulnerability exposes them to an even higher risk of physical and mental harm. 4. Nationals in transit 102. Unfortunately, due to the suspension of the visit, the Special Rapporteur was not able to investigate reports of several thousands of nationals per year trying to flee Anjouan for Mayotte (an overseas department of France) in unsafe boats operated by private transport companies. It is reported that, due to the reluctance of the Government of the Comoros to accept the returnees and assume responsibility for their well-being after their expulsion by the French authorities (a process with few legal procedural safeguards), they are at high risk of being exploited or trafficked upon their return. IV. Conclusions and recommendations A. Conclusions 103. The Special Rapporteur welcomes the efforts of the Human Rights Delegation and Ministerial Committee for its engagement with the United Nations human rights system through its reporting for the universal periodic review. Despite this positive step, there remains an unfortunate perception, in light of the obstacles encountered during the Special Rapporteur’s visit, that the Government is not yet in a position to cooperate fully with international mechanisms. This engagement is, however, crucial if the Government is to deliver tangible results in line with its international commitments on human rights and fundamental freedoms. 104. While torture does not appear to be a generalized problem in the Comoros, in practice the country faces numerous challenges to its criminal justice system. Legal procedures are not respected and there is a lack of procedural safeguards concerning the liberty, security and dignity of the person. The Special Rapporteur received credible reports of excessive force during politically motivated arrests and violence (kicking and beating) and intimidation during interrogations to extract confessions by both the gendarmerie and the National Police Intervention Unit. Furthermore, the Special Rapporteur noted the frequent practice of incommunicado detention due to the obstructed access to legal assistance and lengthy pretrial detention resulting in a heightened risk of ill-treatment. 13