Comoros

Preamble 

The Comorian people solemnly affirm their will 

… to emphasize their commitment to the principles and fundamental rights defined by the Charter of the United Nations, by the Charter of the Organization of African Unity, by the Pact of the League of Arab States, by the Universal Declaration of Human Rights and by the African Charter on Human and Peoples’ Rights, as well as by the international conventions, particularly those relating to childrens’ and womens’ rights. 

They proclaim: 

… 

the freedom and security of each individual under the sole condition that he does not commit any act likely to harm others; 

… 

the right of the child and of the youth to be protected by the public authorities against any form of abandonment, exploitation and violence; 

…  

This Preamble shall be considered an integral part of the Constitution.

Constitution of Comoros (PDF)

Article 322:  

Will be considered pimp and punished by imprisonment of one to three years, and a fine of 75 000 to 1 million francs, without prejudice to more severe penalties if they fail, man or woman: 

1) Who, in any way aids, assists or knowingly protects the prostitution of others or soliciting for prostitution. 

2) Who, in any form, sharing the proceeds of prostitution of others or receiving money from a person who habitually engages in prostitution. 

3) Who knowingly lives with a person engaged in prostitution. 

4) Who, being habitual relationship with one or more persons engaged prostitution, can justify resources to match his lifestyle. 

5) Who hires, or maintains, even with her consent, even an adult person for prostitution or engage in prostitution or debauchery. 

6) Which acts as an intermediary in any capacity between the person engaging in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. 

7) Who, by threats, pressure, deception or other means, obstructs the prevention, control, assistance or rehabilitation undertaken by the qualified organizations for persons engaged in prostitution or in danger of prostitution. 

Article 323:  

The punishment shall be imprisonment from two to five years and a fine of 150 000 to 2,000,000 francs in cases where: 

1) The crime was committed against a minor. 

2) The crime was accompanied by threats, contrary, violence, assault in fact, abuse of authority or theft. 

3) The perpetrator was carrying a weapon apparent or hidden. 

4) The perpetrator is a husband, father, mother or guardian of the victim or a member to one of the categories enumerated in Article 321. 

5) The offender is required to participate, through their duties in the fight against 

prostitution, protection of health or to maintain public order. 

6) The crime was committed against several persons. 

7) Victims of crime have been delivered or incited to engage in prostitution outside national territory. 

8) Victims of crime have been delivered or incited to engage in prostitution arrival or within a short time of their arrival on the national territory. 

9) The crime was committed by several authors, co-perpetrators or accomplices. 

Shall be punished with the penalties provided in this section, any person who has attempted to morals by inciting, encouraging or facilitating usually debauchery or corruption of 

Youth either sex below the age of 21, or even occasionally, Minors under age 16. The penalties provided for in Section 322 and this section will be made when well as the various acts which are the elements of the offenses were made in different countries. 

Article 324:  

Shall be liable to the penalties provided in the preceding article, any person: 

1) Who owns directly or through an intermediary, manages, directs, makes operate, finance, helping to finance a house of prostitution; 

2) Who, owning, managing, operating, financing, helping to finance a hotel, boarding house, pub, restaurant, club, dance hall, place of entertainment or their annexes or any place open to or used by the public accepts or tolerates usually one or more persons engaged in prostitution within of the institution or its annexes or seek to clients for prostitution; 

3) Who assists individuals in the first and second paragraph. If a new offense within 10 years, the penalties will doubled. 

Article 325:  

In all cases where the offense has to be produced in a facility referred to the first and second Section 324 and whose owner, manager or attendant is sentenced under Articles 323 and 324, the trial will withdraw the licensee whose beneficiary is convicted and also deliver the closing the establishment or parts of the premises used for prostitution for period not less than three months nor more than five years. In all cases, stopping or conviction can also bring the perpetrators to state of banishment and pronounce the withdrawal of the passport and, for a period of more than three years suspension of driver’s license. This period may be doubled if recidivism. The furniture used directly or indirectly to commit any offense be seized and confiscated, they belong to a few people. Offenders under sections 322 to 323 and 324 will be sentenced to pay any costs of repatriation of those or those they operated or attempted to exploit or contributed to exploit prostitution. When these costs will been advanced by the administration, they will be recovered as costs. 

Article 326:  

The attempt of the crimes specified in this section shall be punished with penalties for these crimes. In all cases the perpetrators will be further developed, by the decision trial in a state of banishment for two years at least and at most ten years the date on which they have undergone theirsentence, deprived of the rights enumerated in Article 33 and banned from all tutelage. 

Article 345:  

Any person who by fraud or violence, or causing to be minors and will be trained, or diverted or displaced will actually lead, or move away places or they were placed by those in authority or direction from which they were submitted or assigned, suffer the penalty of hard labour for five to ten years. 

Article 6:  

For the purposes of this Act are considered the worst forms of child labour, any activity related 

1. a) forms of slavery or similar practices such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflicts
2. b) has the use, procuring or offering of a child for prostitution, pornographic material production;
3. c) to the use, procuring or offering of a child for illicit activities including the production and narcotics trafficking, as defined in the relevant international conventions
4. d) work which by its nature or the circumstances in which it is carried out is likely to harm to health (physical or moral) to the security or the child’s morality
5. e) and the types of work defined by order of the Minister in charge of Labour.

Any natural or legal person or in fact trying to work a fair child aged under 18 in one of the worst forms of child labor other than hazardous work, provided for in section 131 of the Labour Code the paragraphs a to C and to imprisonment for five months to a decade. 

The penal servitude for twenty years is incurred when the offense was committed in one of the following circumstances: 

1. a) if the victim is a minor of at least fifteen years;
2. b) if the person is particularly vulnerable due to physical deficiency due psychic due to her state of pregnancy, her advanced age or his state of health
3. c) if the act was committed by fraud or violence, use of false quality, fake title or falsified document or altered or false license;
4. d) if the other makes use of narcotics or any other kind of substance taint the will of the victim;
5. e) if the other is carrying an apparent or hidden weapon;
6. f) if the other is an ascending or a person having authority over the victim; 
7. g) if the victim was kidnapped, deprived of ailment or exposed in a public place or private recruitment;
8. h) if the victim is exposed to dangerous, arduous or the worst forms of child labor
9. i) if the perpetrator committed sexual abuse to the victim

Article 8: 

In the sense of the law, the operation means all activities which is subject the child and do not, for the latter, no economic interest, moral, mental or psychological but which, provide to the author or any other person, directly or indirectly way, of the economic, moral or psychological benefits. 

The term also includes the exploitation of child prostitution and all forms of use with sexual purposes of children, forced labour or services, or any form of abuse has economic or sexual purposes prejudicial to health, development physical, mental, spiritual, moral and social development of the child. 

Is punished with imprisonment of five to ten years and a fine of two million Comorian francs, any person who employs children and who maintains sexual relations with them or subjects them to physical, psychological and sexual services

Article 14.

1. Child trafficking means the proccess by which a child is moved within or outside a country under conditions that transform it into a market value for one or less of the persons involved, regardless of the purpose of the child’s deployment:

– any act which includes the recruitment, transport and concealment of children;

– any act that results in the removal of the child within or outside of a country.

– any offer, acceptance of payment or benefits to obtain the consent of the victim or the person having authority over the victim are also unlawful acts contributing to or trafficking in children.

Any person convicted of child trafficking shall be punished by imprisonment for a term of seven to twenty years.

2. Attempting to commit, aiding and abetting, organising the commission of an offence established in accordance with this Article or instructing others to commit it shall be punishable by ten to twenty years’ imprisonment.
3. Air or sea transport companies or any other similar body as well as individuals who have transported the victim in violation of the provisions of this law, shall be liable to cover the charges related to the reparation of the victim.

Failing this, the means of transport shall be seized by the competent administrative or judicial authority, impounded or confiscated.

ANTI-TRAFFICKING LAW (PDF)

Article 2.1- Forced or compulsory labor is absolutely prohibited.  

The term forced or compulsory labor refers to any work or service required of an individual threatened with any penalty for which the said individual did not offer voluntarily.  

The provisions of the preceding paragraph do not apply in the cases listed below.  

a)Any work or service required of an individual as a consequence of a sentence pronounced by a judicial decision, provided that the said individual is neither granted nor made available to an individual, companies or private legal entities. 

b)Any work or service required in cases of force majeure and, in general, any circumstance endangering or risking endangering life or the normal living conditions of all or part of the community. 

Article 260. 

Will be punished with a fine of 250,000 fc to 750,000 fc and a imprisonment from three months to three years or one of these two sentences only: 

a) The perpetrators of offenses under Articles 2, 11, 70, 71, 109 and 118; 

b) Persons who knowingly make a false declaration accident at work or occupational disease; 

c) Anyone who, through violence, threats, deception, fraud or promise, forced or attempted to compel a worker to be hired against his will, or who, by the same means, has attempted to hire him or have prevented him from being hired or filled obligations imposed by his contract;