Human Rights Law at Comoros
Comoros, an island nation in the Indian Ocean, has a legal framework that enshrines human rights protections. However, the practical application of these rights faces challenges, particularly concerning freedom of expression, LGBTQ+ rights, and political freedoms.
🇰🇲 Constitutional and Legal Framework
The 2018 Constitution of the Union of the Comoros guarantees fundamental rights and freedoms to all citizens. Article 2 affirms the equality of all citizens before the law, without distinction of race, sex, religion, or political belief. Article 20 prohibits torture and inhuman treatment, while Article 21 ensures freedoms of thought, expression, association, and assembly. The Constitution also provides for the right to a fair trial and the inviolability of the domicile and correspondence . (Comoros 2018 Constitution - Constitute)
🏳️🌈 LGBTQ+ Rights
Same-sex sexual activity is criminalized under the Comorian Penal Code, which prohibits "improper or unnatural acts." Both men and women can face penalties of up to five years' imprisonment and fines. Although enforcement has been limited in recent years, a notable case in 2024 involved two women detained for attempting to marry, highlighting ongoing risks for LGBTQ+ individuals . (Comoros | Human Dignity Trust, Two women in Comoros detained on gay sex charges after marriage bid)
🗣️ Freedom of Expression and Political Rights
While the Constitution guarantees freedoms of expression and assembly, these rights are often restricted in practice. Journalists and opposition figures face harassment, intimidation, and arbitrary detention. The 2018 referendum, which consolidated presidential powers, was followed by crackdowns on dissent, including the closure of private media outlets and the arrest of political opponents . (Comoros: Freedom in the World 2023 Country Report | Freedom House)
⚖️ Judicial Independence and Due Process
The judiciary in Comoros faces challenges related to independence and due process. The 2018 constitutional changes abolished the Constitutional Court and established a new constitutional chamber within the Supreme Court, which has been criticized for political bias. High-profile cases, such as the trial of former president Ahmed Abdallah Sambi, have raised concerns about the fairness of legal proceedings and the use of treason charges that are not clearly defined in Comorian law . (Comoros: Freedom in the World 2023 Country Report | Freedom House)
⚰️ Death Penalty
Capital punishment remains legal in Comoros, though it has not been enforced since the 1990s. The country maintains a de facto moratorium, with executions being rare and the death penalty largely symbolic . (Capital punishment in the Comoros)
🚻 Women's Rights and Gender Equality
The Constitution guarantees the rights of women, children, youth, and persons with disabilities, including protection against neglect, exploitation, and violence. However, challenges persist in areas such as access to education, healthcare, and political representation. Customary practices and societal norms continue to affect women's ability to fully exercise their rights . (Comoros 2018 Constitution - Constitute)
🏥 Reproductive Rights
Abortion is illegal in Comoros except in cases of serious medical necessity, requiring approval from at least two doctors. This restrictive policy has led some women to resort to unsafe methods, and there have been instances of infanticide among those unable to access legal abortions . (Abortion in the Comoros)
🌍 International Engagement
Comoros is a party to several international human rights treaties, including the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination Against Women. However, the implementation of these international obligations remains inconsistent, and the country faces scrutiny from human rights organizations regarding its domestic practices.
In summary, while Comoros has constitutional provisions that protect human rights, the practical realization of these rights is hindered by political repression, limited judicial independence, and societal norms that affect marginalized groups. Continued efforts are needed to align domestic practices with international human rights standards.
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