Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Minimum Age Convention, 1973 (No. 138) - Comoros (Ratification: 2004)

Article 1 of the Convention. National policy. The Committee notes the information provided by the Government, in its report, including on: (1) the implementation of a national child protection policy, which provides for the creation of local child protection committees, the strengthening of mechanisms for reporting cases of child labour, and community awareness-raising activities on children’s rights; and (2) the adoption of the Decent Work Country Programme (DWCP) 2024–26, including output 1.2.4, which provides for sectoral studies on the prevalence of child labour to be produced, disseminated and utilized, accompanied by a sectoral action plan. The Committee also notes that the Government reiterates its request for ILO technical assistance with regard to updating the “National Action Plan to combat child labour (PAN)” and carrying out the study referred to in the DWCP.

The Committee further notes that, according to the 2022 Multiple Indicator Cluster Survey (MICS), 9 per cent of children between 5 and 17 years of age are engaged in child labour. More specifically, the child labour rate is 12 per cent for children aged between 5 and 11 years, 9 per cent for those aged between 12 and 14 years and 1 per cent for those aged between 15 and 17 years. The Committee notes the measures adopted by the Government and requests it to continue taking steps to ensure the effective elimination of child labour, including by indicating the measures taken under the National Child Protection Policy and the DWCP 2024–26. The Committee also requests the Government to indicate the impact of the measures taken, including in terms of effectively reducing the rate of child labour.

Article 3. Age for admission to hazardous work; determination of hazardous types of work. The Committee notes the Government’s indication that the new Penal Code was adopted in 2020. It notes with interest that the new Penal Code provides that a person who makes or attempts to make a child under 18 years of age engage in hazardous work, in violation of section 131(d) of the Labour Code, shall be liable to imprisonment ranging from two months to one year and a fine of between 50,000 and 1 million Comorian francs (KMF) (section 327). The Committee also notes that Act No. 14-034/AU of 22 December 2014 on combating child labour and trafficking of children provides that anyone who employs or attempts to employ a child under 18 years of age in any of the hazardous types of work specified in section 129 of the Labour Code or in a ministerial implementing decree shall be liable to imprisonment ranging from two months to one year and/or incur a fine of KMF50,000 to 1 million (section 7).

However, the Committee notes that the Government does not indicate whether the list of hazardous types of work prohibited for children, which was approved by the Council of Ministers on 8 August 2012 and published in March 2014 and which established a category of hazardous types of work that could be permitted for children under 14 years of age, has been amended or repealed. The Committee requests the Government to indicate the measures taken to ensure that the list of hazardous types of work prohibited for children under 18 years of age is amended or updated, in accordance with section 129 of the Labour Code. The Committee also requests the Government to provide information on the application in practice of section 327 of the Penal Code and section 7 of Act No. 14-034/AU of 22 December 2014, indicating the number of reported offences relating to child labour in hazardous work and the number and type of convictions handed down and penalties imposed.

Article 7. Light work. The Committee notes with regret that section 129(3) of the Labour Code, which allows children to perform light work, still does not specify a minimum age. The Committee reminds the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment of persons aged at least 13 years in light work, provided that the work is not likely to be harmful to their health or development. Moreover, under Article 7(3), the competent authority shall determine the activities in which light work may be permitted and shall prescribe the number of hours and conditions of employment or work in question. The Committee therefore urges the Government to take the necessary steps to: (i) set the minimum age for admission to light work at 13 years; and (ii) ensure that a ministerial order is adopted to regulate the employment of young persons between 13 and 15 years of age in light work, determine the activities in which light work may be permitted, and prescribe the number of hours and conditions of employment or work involved.

The Committee is raising other matters in a request addressed directly to the Government.