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

Comoros

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1978)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 2004)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Workers’ Confederation of Comoros (CTTC), received on 26 July 2025.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1, 2 and 3(b). Prohibited grounds of discrimination and scope of application.Legislation. The Committee welcomes the recognition, in the Government’s report, of the need to insert an explicit reference to national extraction in section 44(b) of the Labour Code in order to harmonize the provisions of sections 2 and 44(b), and observes that it undertakes to adopt the necessary legislative measures. The Committee notes that the Government has not replied to the other questions raised in its previous comments, in particular those concerning the fact that the General Public Service Regulations omit grounds of discrimination on the basis of colour, social origin and national extraction, and that, unlike the Labour Code – which is applicable to the private sector –, they do not provide for protection against discrimination on the basis of HIV status. The Committee hopes that these legislative amendments will be adopted in the near future. It requests the Government to contemplate amending the General Public Service Regulations in order to: (i) insert a clear and complete definition of discrimination which covers direct and indirect discrimination at all stages of employment and occupation, and, as a minimum, all the grounds of discrimination listed in Article 1(1)(a) of the Convention; and (ii) harmonize the protection provided for public officials against discrimination on the basis of HIV status with the protection for private sector workers established by the Labour Code.

Articles 1 to 3. National policy on equality of opportunity and treatment in employment and occupation. HIV status.The Committee once again requests the Government to provide information on the steps taken to effectively combat discrimination on the basis of real or perceived HIV status, including training and awareness-raising measures relating to the provisions of the Labour Code on this matter.

Recruitment in the public service. The Committee notes the observations of the CTTC that recruitment to the public service does not comply with established provisions and involves procedures that lack transparency. The CTTC also indicates that the entities provided for by the General Public Service Regulations, such as the Higher Public Service Council, the Joint Committee responsible for disciplinary matters, and the Medical Council, are not operational. The Committee requests the Government to take steps to ensure that recruitment procedures in the public service respect the principle of equality of opportunity established by the Convention, and also to make appeal procedures available for use in cases of discrimination.

Discrimination on the basis of sex. The Committee notes that, according to the Decent Work Country Programme (DWCP) 2024–26, women are particularly disadvantaged in terms of access to employment opportunities, occupying 32.5 per cent of jobs in the formal economy and 41.9 per cent in the informal economy. Among its strategic priorities and outcomes, the DWCP sets as its objective that women, among other population groups, should benefit from decent and productive employment opportunities (outcome 4.2). The Committee also notes that the 2023 Country Gender Profile published by the African Development Bank Group refers to the low level of education, qualifications and employability of women, the stereotypical orientation of their fields of activity, which is reinforced by their reproductive activities, and the perception of women’s role in the private sphere as being limited to care and domestic tasks. The Committee requests the Government to provide information on the measures taken, particularly in the context of the DWCP 2024–26, to remove obstacles to women’s participation in employment and different occupations, such as low levels of education or qualifications and stereotypes and prejudices regarding the professional abilities and aspirations of girls and women. As the Government’s report does not say anything on this point, the Committee again urges the Government to consider extending the benefit of section 133 of the Labour Code on the right to leave for mothers of children under 15 years of age to fathers, in order to ensure that such leave is granted to male and female workers concerned on an equal basis and does not implicitly perpetuate gender stereotypes.

Sexual harassment. The Committee notes that the CTTC in its observations denounces sexual harassment in the public service. In this regard, the Committee notes that the Government’s report does not provide information on: (1) the application in practice of the provisions of the Labour Code on sexual harassment; and (2) the absence of such provisions in the General Public Service Regulations. According to publicly available information, in 2020 section 309 of the Penal Code was amended to prohibit sexual harassment, defined as “the act of harassing another person with the use of threats or coercion aimed at obtaining sexual favours by a person abusing the authority conferred on them by their position”. While noting this progress, the Committee emphasizes that, when it comes to punishing sexual harassment in the workplace, criminal law provisions alone are often inadequate in practice, in particular because: (1) they are unlikely to cover all forms of behaviour that constitute sexual harassment, particularly the most subtle or ambiguous acts; (2) the burden of proof is more difficult to meet, as the prosecution must prove guilt beyond reasonable doubt, in accordance with the presumption of innocence; and (3) they do not always provide for compensation for the victim, as criminal law is primarily aimed at punishing the perpetrator. The Committee once again requests the Government to provide information on the application in practice of legislation against sexual harassment, in particular measures taken to: (i) prevent sexual harassment (such as awareness-raising campaigns or training aimed at informing workers, employers and the general public about the legislation and identifying such behaviour); and (ii) promote preventive measures by employers, in accordance with section 2 of the Labour Code. The Committee also requests the Government to provide information on: (i) the number of cases of sexual harassment reported or detected and the penalties imposed; and (ii) the measures planned to adopt provisions, beyond criminal law, which protect persons in permanent employment in the public administration against sexual harassment, in the absence of relevant provisions in the General Public Service Regulations.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 3. Application of the principle of equal remuneration. Private sector. The Committee notes that the Government does not provide information on measures taken to raise awareness of the provisions of the Labour Code relating to equal pay, such as guidance or awareness-raising for workers, employers, labour inspectors, magistrates and other officials. The Committee observes in this regard that the CTTC indicates that no provision has been made for the initial or further training of labour inspectors to enable them to effectively enforce section 104 of the Labour Code. The Committee requests the Government to take measures to raise awareness of section 104 of the Labour Code and enforce it effectively, including by providing guidance, awareness-raising and training.

Public service. The Committee takes note of the observations of the CTTC that there are two salary scales in the civil service, which are applied in a discriminatory manner. The Government indicates that the General Public Service Regulations of the Union of the Comoros were promulgated by Decree No. 22-089/PR of 27 October 2022. Under sections 14 and 15, all public servants are entitled to remuneration for completed service, and the remuneration system is determined according to the index scale for each corps, in accordance with the conditions laid down by decree. The Government indicates that the implementing decree establishing the remuneration system and salary scales for public servants is currently being drafted. The Committee hopes that the decree will be adopted in the near future and that the salary scales will be established on the basis of objective criteria, such as qualifications, responsibilities, effort and working conditions, which do not favour either predominantly male or predominantly female occupations.

Collective agreements.The Committee once again requests the Government to indicate the measures taken to encourage the social partners to include in collective agreements recognition of the principle of equal remuneration for men and women for work of equal value and the methods for applying it.

Minimum wage. The Committee takes note of the observations of the CTTC indicating that the Government has not adopted the measures provided for in section 106 of the Labour Code relating to the minimum wage, or given effect to its request for a special session to examine the draft decree relating to the guaranteed interoccupational minimum wage (SMIG). The Committee once again requests the Government to provide information on any developments relating to the fixing of the SMIG. In this regard, the Committee refers the Government to its comments on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).

Conventions Nos 100 and 111 – Application in practice

Enforcement. Labour inspection and the courts. The Committee notes the absence of information in this regard and recalls that enforcement mechanisms are a key element in guaranteeing the effectiveness of the Conventions in practice. The Committee therefore once again requests the Government to provide detailed information on: (i) any cases of discrimination examined by the labour inspectorate or the courts; (ii) training activities offered to labour inspectors and magistrates to help them identify and deal with situations of discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin in employment or occupation; and (iii) awareness-raising activities on these issues for workers, employers and the general public.

Statistics.The Committee requests the Government to provide recent statistical information on the situation of men and women in employment and occupation in both the public and private sectors, and in particular on their respective levels of remuneration, and reminds the Government that it may avail itself of ILO technical assistance in this regard.