U.S. Department of State Country Report on Human Rights Practices 1996 - Comoros

Released by the Bureau of Democracy, Human Rights, and Labor, January 30, 1997   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 in September 1995, 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. Prime Minister Caabi El Yachroutou declared himself acting president, and pledged to hold new presidential elections. In January President Djohar returned to Comoros to assume ceremonial duties in accordance with an agreement brokered by the Organization for African Unity (OAU). In March Mohamed Taki Abdoulkarim was elected President. The elections were deemed to be free and fair by international observers. In April President Taki dissolved the National Assembly and postponed general elections beyond the 40 days within which the 1992 Constitution required they be held. President Taki appointed a committee to draft a new constitution which was approved in a referendum in October. Parliamentary elections were held in December. 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 1995 coup. 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 about 3 percent. The per capita income is approximately $470. 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 1996. Soldiers being held for allegedly participating in a 1992 coup attempt were released by the mercenaries in 1995 and later granted amnesty, but the Taki Government took steps to restrict freedom of speech and press. Prison conditions remain harsh but prisoners are rarely held overnight. 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 is 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

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 has not taken action to remedy these problems. Because of these conditions, even prisoners found guilty of serious crimes are typically released in the evening to go home to sleep and are expected to return the next morning.

d. Arbitrary Arrest, Detention, or Exile

The 1996 Constitution prohibits arbitrary arrest and imprisonment. It does not specify a time limit between arrest and appearance before a magistrate. The law does not specify how long prisoners held for security reasons may be detained without being charged. The Government does not use forced exile as a means of political control.

e. Denial of Fair Public Trial

The 1996 Constitution provides for an independent judiciary assured by the President. Trials are open to the public except for limited exceptions defined by law. The High Council, made up of four members appointed by the President, three members elected by the Federal Assembly, and a member of each island council, also serves as the High Court of Justice and rules on cases of constitutional law. The Constitution provides for equality before the law of all citizens. It does not mention right to counsel. 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 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 September a man who allegedly murdered a pregnant woman in front of several witnesses was found guilty in a public, 2-day trial before a lay penal court. He had legal counsel. Prior to the conclusion of the man's trial and sentencing, President Taki stated publicly that the trial process was unnecessarily slow and called for harsher punishments for criminals. The man was publicly executed on September 16, and was the first person to be sentenced to death since the late 1970's. There are no known political prisoners.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

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 does not provide for freedom of the press and the Government sought to restrict this freedom in January. The National Unity Government, which ruled between the restoration of civilian rule and the March presidential elections, arrested two journalists who critized members of the Government for corruption. The journalists were released shortly thereafter. Several small, independent newspapers freely criticize the Government, but in June the Minister for Information convened journalists to remind them of their duty to support the country and the leadership. In July the Government shut down and confiscated the transmitter of the independent radio station, Tropic FM, accusing it of disseminating false news and inciting and provoking public disorder. Observers say that the Taki Government also has exerted more pressure on the semiofficial weekly, Al-Watwan, whose editors are selected by the Minister for Information. Comorians discuss and criticize the Government and its leading personalities with more caution than in previous years. The government-controlled radio station, Radio Comoros, is the only station in the country following the closure by the Government of Tropic FM. 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 1996 Constitution does not provide for freedom of assembly and association, but the Government generally respects these rights in practice.

c. Freedom of Religion

An overwhelming majority of the population is Sunni Muslim. The Constitution prohibits discrimination before the law based on religion or religious belief but establishes an ulamas council, which advises the President, Prime Minister, President of the Federal Assembly, the Council of Isles, and the island governors on whether bills, ordinances, decrees, and laws are in conformity with the principles of Islam. The Government permits non-Muslims to practice their faith, and Christian missionaries work in local hospitals and schools but are not allowed to proselytize. In August President Taki announced a ban on alcohol and indecent apparel worn by women, citing a need to return to Islamic values.

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. The Government has not formulated a policy regarding refugees, asylees, or first asylum.

Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

Citizens have the right, but it has not yet been fully demonstrated that they, in fact, have the ability to change their government peacefully through free and fair elections. The Constitution stipulates tht sovereignty belongs to the people and is exercised by elected representatives or by referendum. Although the March presidential elections were characterized as free and fair by international observers, Djohar's removal from office by mercenaries and the subsequent stripping of his power by the National Unity Government was not a legal or democratic method of changing the government. In October President Taki's proposed Constitution was approved in a national referendum. The new Constitution mandates that all political parties that did not win at least two seats per island in the December legislative elections are automatically disolved unless they join other parties validly represented in the Federal Assembly. If only one party is represented in the assembly, the party or group obtaining the second largest number of votes is permitted to continue its activities. 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. There is one female minister. In National Assembly elections held in December, no women were elected.

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 International Committee of the Red Cross.

Section 5 Discrimination Based on Race, Sex, Religion Disability, Language, or Social Status

The Constitution provides for the equality before the law without discrimination based on race, religion, or religious belief but is silent on sex, disability, language, and social status. 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. 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 have onerous 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. In August President Taki announced a ban on indecent apparel worn by women (see Section 2.c.).

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, which is widely condemned by international health experts as damaging to both physical and psychological health, is not generally practiced, and child abuse appears to be rare.

People with Disabilities

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 does not provide for the right to unionize and strike, but these rights are practiced freely. 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. 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

The Constitution does not mention forced or compulsory labor, but it is not practiced.

d. Minimum Age for Employment of Children

The Labor Code defines 15 years of age 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.