1. Legislative framework
38. The principle of respect for fundamental rights was laid down in the preamble to the revised Constitution. These rights were listed, but no further details were given.
39. The most recent revised version of the Constitution, as amended by the Referendum Act of July 2018, introduced major changes in the field of human rights: these rights are now not only mentioned in the preamble, as had previously been the case, but are also dealt with in a number of dedicated provisions. This represents an important step forward in promoting, protecting and respecting human rights.
40. Articles 1 and 2 of Title I of the Constitution guarantee respect for these rights and lay down the principle of equality before the law without distinction as to race, sex or religion.
41. Title II of the Constitution, entitled “Citizens’ Rights and Duties”, is devoted entirely to human rights. Chapter II establishes individual, political, social and economic rights and freedoms.
42. In an interesting development, the Constitution provides for the civil responsibility of the State and public bodies if their employees infringe a right in the course of their duties.
43. Besides the Constitution, the Assembly of the Union of the Comoros has adopted several laws on human rights, including ratification acts. Further details will be given under each subject area.
2. Institutional framework (recommendations 18, 19, 20, 22, 23, 24 and 32)
44. The situation of the National Commission for Human Rights and Freedoms is a special case: no new members were appointed to the Commission following the expiration of the members’ term of office in July 2017 because the outgoing team failed to set in motion the nomination process.
45. Despite this setback, the Commission’s three-person permanent secretariat was kept on to manage its day-to-day affairs.
46. The bodies previously responsible for appointing the Commission’s members, for example the Island Councils, were abolished under the new Constitution, and the process of nominating members was entrusted to other bodies.
47. The process has been completed, and the members were appointed pursuant to Decree No. 18-088/PR of 22 September 2018.
48. The Commission will become operational in October.
49. Under Decree No. 18-040/MJAIAPDH/CAB of 19 September 2018, the Ministry of Justice appointed new members to the Committee on follow-up to the universal periodic review, among them a journalist working on justice issues and a member of the National Observatory of Places of Detention.
50. The committee is composed of the following members:
• The Secretary-General of the Ministry of Justice
• The Legal Adviser to the President of the Union of the Comoros
• The Delegate General for Human Rights
• The Director General for Legal Affairs
• A journalist working on justice and human rights issues
51. This same drive for improved organization and efficiency led the Government to thoroughly re-examine the Act on the National Commission for Action against and Prevention of Corruption. The Commission’s mandate has expired and has not been renewed, as the Government considered that it did not meet the efficiency standards that had been established to ensure that its work did not become a purely academic exercise.
Work is currently under way to address the situation. (Recommendations 23, 24 and 25) 3. Right to life, freedom and personal safety (recommendations 1, 2, 3, 4, 5, 6, 7, 8 and 9)
52. These recommendations concern the death penalty. The Government of the Union of the Comoros has demonstrated a strong commitment to its abolition. For example, the draft Criminal Code submitted to the Assembly provided for the death penalty’s abolition, but the members of the Assembly did not adopt it.
53. The Comoros has applied the death penalty on three occasions since gaining independence in 1975; it has not been applied since 2009.
54. Currently, the death penalty has a largely deterrent effect. Given the emergence of threats such as terrorism, the Government considers that it should be retained as a deterrent but that awareness of the issue should continue to be raised among members of the Assembly.
55. The Government thus accepts the idea of abolishing the death penalty; however, its abolition should be a gradual process as its immediate abolition might be misunderstood in a society unfamiliar with the subtleties of law and justice.
56. The Government fully supports the idea of abolishing the death penalty. The draft Criminal Code contained provisions to that effect, but they were subsequently amended so that it can still be applied in murder cases.
4. Administration of justice, including impunity and the rule of law
(a) Improving detention conditions (recommendations 55, 56, 57, 58, 59, 60, 61 and 62) 57. The country is seriously concerned about the prison system in general, and detention conditions in particular, but a lack of resources has prevented measures that have been approved from being implemented. Efforts are nevertheless being made to improve the sector.
58. The country’s three detention centres are in a very poor state. Urgent action is needed to bring them into line with relevant international standards.
59. The Government has decided to carry out a full-scale renovation of the Moroni detention centre in order to improve detention conditions. Studies are already being conducted.
60. There are plans to build a new facility with the support of the European Union, and its future location has been decided.
61. There are also plans to train judges in humanitarian law.
62. The Ministry of Justice has established the National Observatory of Places of Detention under the programme of support for the effective administration of justice and respect for human rights, with funding from the United Nations Peacebuilding Fund. The Observatory was incorporated as an association governed by the Act of 1984 to ensure its effective independence.
63. The mandate of the Observatory’s officers has expired and is being renewed.
64. The Human Rights Delegation is carrying out an assessment of detention conditions.
This involves conducting interviews on the ground with detainees in order to present the Ministry of Justice with proposals aimed at significantly improving conditions.
65. The Ministry of Foreign Affairs has signed an agreement with the International Committee of the Red Cross to guarantee its full access to places of detention.
66. A bill on the organization of prisons is pending adoption. This revolutionary text places great emphasis on prisoner rehabilitation. It provides for the establishment and training of a corps of prison officers. Training for prison officers is also provided for in the Five-Year Investment Plan.4
67. By law, minors must be held separately from adults and women from men in dedicated areas. There are separate blocks for women in all three of the country’s detention centres. Minors are also held separately from other detainees at the facilities in Mutsamudu (Anjouan) and Fomboni (Moheli).
(b) Administration of justice
68. The justice system continues to face major challenges, even though real progress has been made. With the support of technical and financial partners, important measures have been planned in terms of training and infrastructure.
69. With the support of the European Union, the Government of the Union of the Comoros has developed an ambitious project to overhaul the judiciary. The project, which has received funding from the European Union totalling €9 million, focuses on the following areas:
(a) Promoting judicial independence and integrity;
(b) Improving the accessibility and effectiveness of the public justice service;
(c) Ensuring legal certainty through skills development for those involved in the justice system;
(d) Guaranteeing legal certainty by compiling, updating and disseminating the law;
(e) Making an effective contribution to the fight against corruption;
(f) Modernizing judicial infrastructure and equipment.
70. The project is currently awaiting approval.5
71. The Ministry of Justice is currently negotiating a training plan for judges and registrars with Madagascar, Côte d’Ivoire, Senegal and Burkina Faso.
72. In this context, the country has passed two important laws, namely Organic Act No.
15-006/AU on the Supreme Council of Justice, promulgated by Decree No. 16-021/PR of 20 January 2016, and Organic Act No. 15-08/AU repealing and replacing Act No. 05-018/AU of 31 December 2005 on the status of judges.
(c) Access to justice (recommendation 58)
73. A bill on legal aid is currently pending before the Assembly of the Union. A guide on access to justice is being drafted. These measures come on top of those already taken by the Government under the programme of support for the effective administration of justice and respect for human rights funded by the United Nations Peacebuilding Fund.
74. In one example of good practice, Comorian lawyers assist and defend the poor on a pro bono basis.
75. Article 15 of the Constitution represents an important step forward in that it enshrines the right of access to justice and defence and, more importantly, expressly provides for the concept of “reasonable time”.
76. This is very important, as the courts remain slow to deliver justice, although targeted measures have been taken to speed up the process, including widespread use of pretrial hearings.
77. A bill establishing a national ombudsperson was drawn up in 2017 to consolidate the process of strengthening social cohesion.
78. A reception and guidance centre for persons in contact with the justice system has been opened in Mutsamudu on a pilot basis, and the Ministry of Justice plans to open further such centres in Fomboni and Moroni.
5. Fundamental freedoms and public participation in political life (recommendation 21) 79. As already noted, the Government has not let up its efforts in this field. The Comoros has ratified the main human rights instruments. Pursuant to article 12 of the Constitution, treaties or agreements that have been ratified or adopted take precedence over national law once they have been promulgated.
80. A law on political parties was passed in 2014 to facilitate wider and more structured participation by the people. There are no restrictions on freedom of association.
IV. Economic, social and cultural rights
81. The new Constitution contains an entire section on economic and social rights.
Articles 37 and 38 lay down the principle of the right to work and job security.
82. These rights are covered in the second priority area of the Strategy for Accelerated Growth and Sustainable Development, which is entitled “Accelerating human capital development and promoting social well-being”.
83. The Union of the Comoros is pursuing the following goals under this priority area:
“(i) promoting the population’s health and nutrition and accelerating demographic transition; (ii) expanding education provision and improving the quality of education, including higher education and vocational training; (iii) promoting decent work, social
protection, youth and sport; and (iv) promoting quality of life, access to water/sanitation and sustainable energy services.”6
84. These rights are the focus of several of the targets set under the United Nations Development Assistance Framework and the Five-Year Investment Plan.