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
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