Human Rights Law at Comoros
Human Rights Law in Comoros: Detailed Overview
1. Legal Framework
Comoros has a mixed legal system, incorporating:
French civil law (from colonial times)
Islamic law (Sharia)
Customary/local laws
Constitutional Protections:
Guarantees fundamental freedoms: right to life, liberty, and personal security
Right to equality before the law
Freedom of expression, assembly, and religion
Right to a fair trial, legal counsel, and presumption of innocence
International Commitments:
Ratified the Convention on the Rights of the Child (CRC)
Ratified CEDAW for women’s rights
Commitments exist on paper, but enforcement is inconsistent due to structural weaknesses in institutions.
2. Key Human Rights Issues
Despite legal provisions, Comoros faces persistent human rights challenges:
Arbitrary arrests and detention
Poor prison conditions and prolonged pretrial detention
Political repression and lack of judicial independence
Discrimination against women and LGBT individuals
Weak child protection mechanisms
Impunity for security force abuses
3. Illustrative Cases and Incidents
Case 1: Arbitrary Arrest and Police Brutality (2015 “Dead Island” Protest)
Incident: Citizens protesting for electricity and water on Grande Comore were fired upon by security forces. Eight people were injured, two severely.
Violation: Right to life, liberty, and security; right to peaceful assembly
Outcome: No officers were prosecuted; some even received promotions.
Significance: Highlights systemic impunity and failure to enforce constitutional protections.
Case 2: Child Rights Violations
Incident: Children engaged in domestic work and agriculture, often denied schooling. Corporal punishment and abuse at home and school were reported.
Violation: Right to education, protection from child labor, and protection from abuse
Outcome: Laws exist but enforcement is weak; no central child protection agency operates effectively.
Significance: Shows the gap between law and practice despite CRC ratification.
Case 3: Political Repression and Imprisonment (Historical Cases, 1978–1989)
Incident: Political opponents detained without trial; some senior figures “disappeared.”
Violation: Right to liberty, freedom of expression, and political participation
Outcome: Many were eventually released; structural reforms were slow and incomplete.
Significance: Demonstrates long-standing patterns of political oppression.
Case 4: Discrimination Against LGBT Individuals (2024)
Incident: A lesbian couple attempting to formalize their relationship was arrested under laws criminalizing “unnatural acts.”
Violation: Right to privacy, personal liberty, and non-discrimination
Outcome: Detention and legal charges; no legal protection for sexual minorities exists.
Significance: Criminalization of LGBT acts perpetuates social stigma and legal vulnerability.
Case 5: Impunity and Corruption in the Justice System
Incident: Courts fail to enforce rulings; law enforcement officers can accept bribes to avoid prosecution.
Violation: Right to fair trial and access to justice
Outcome: Many victims of abuse, including police brutality and unlawful detention, cannot seek redress.
Significance: Corruption undermines legal protections and perpetuates human rights violations.
Case 6: Restrictions on Freedom of Expression
Incident: Journalists criticizing the government were threatened or arrested.
Violation: Freedom of speech and press freedom
Outcome: Temporary detentions occurred; self-censorship is common.
Significance: Constitutional guarantees of free expression are weakly implemented.
Case 7: Gender-Based Violence
Incident: Women subjected to domestic violence, forced marriages, and sexual exploitation.
Violation: Right to equality and protection from violence
Outcome: Legal protections exist under national law and CEDAW, but enforcement and protective measures are minimal.
Significance: Gender inequality persists due to weak legal enforcement.
4. Key Legal Principles from These Cases
Legal rights exist on paper, but enforcement is weak.
Impacts of impunity: Security forces and officials are rarely held accountable.
Vulnerable groups are disproportionately affected: children, women, LGBT individuals, and political dissidents.
Judicial and institutional gaps: weak independent judiciary, lack of legal aid, and absence of protective agencies.
International oversight is important: domestic remedies are often ineffective, so external monitoring plays a major role.
5. Conclusion
Comoros has a formal human rights framework, but practical protection is limited. Cases show:
Arbitrary arrests and police violence
Child labor and abuse
Political repression and imprisonment without trial
Discrimination against women and sexual minorities
Corruption and impunity undermining justice
Human rights law in Comoros highlights the gap between constitutional or statutory guarantees and real-world enforcement, showing that strong institutions, accountability, and societal commitment are essential to protect fundamental rights.
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