Repetition

Articles 1(1), 2(1), and 25 of the Convention. Trafficking in persons. The Committee previously noted the establishment of an inter-ministerial committee in 2013 with responsibility, among other matters, for proposing amendments to the national laws and regulations in force and coordinating all activities by ministerial departments involved in combating trafficking in persons. The Committee requested the Government to provide information on the measures taken to raise awareness about the phenomenon of trafficking and to strengthen its legislative framework. The Government indicates once again in its report that it is experiencing difficulties arising from a lack of training among legal professionals as well as financial and material difficulties to prevent, repress and punish trafficking in persons. The Committee notes that, according to information provided by the Government to the United Nations Human Rights Council in its report of 30 August 2018, Ordinance No. 006/PR/2018 on combating human trafficking in Chad was adopted on 30 March 2018 (A/HRC/WG.6/31/TCD/1, paragraph 11). The Committee also notes that, according to the May 2018 report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad, internally displaced and refugee women are victims of trafficking in persons (A/HRC/38/46/Add.2, paragraph 66).While noting the difficulties experienced by the Government, the Committee requests it to continue its efforts to prevent, repress and combat trafficking in persons. The Committee requests the Government to take measures to strengthen the capacity of the bodies responsible for enforcing the law in order to improve the identification and protection of victims of trafficking and ensure that all persons who commit acts of trafficking and related crimes are investigated and prosecuted. The Committee requests the Government to provide information in this regard and to communicate without delay a copy of Ordinance No. 006/PR/2018 on combating trafficking in persons in the Republic of Chad.

Articles 1(1) and 2(1). 1. Freedom of career members of the armed forces to leave their employment. The Committee previously noted that, under sections 104 and 105 of Ordinance No. 006 PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, in cases where a member of the armed forces “has received specialized training and has not reached the term of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, the request for resignation (provided for in section 103 of the above-mentioned Ordinance) will only be accepted “for exceptional reasons”. The Committee requested the Government to provide information on the manner in which career members of the armed services have the right to terminate their employment. The Committee also requested the Government to provide information on the period of engagement that is required after receiving specialized training and for entry into military school. The Committee notes that the Government has not provided any information on this matter in its report. The Committee recalls that career members of the armed forces, who signed up voluntarily, must be able to leave the service in times of peace, within a reasonable period, either at specified intervals, or with previous notice, or subject to proportional reimbursement over the remaining period of service of the cost of the training received.The Committee therefore requests the Government to send information without delay on the application in practice of the provisions of sections 104 and 105 of the Ordinance issuing the general conditions of service of military personnel, with an indication of the “exceptional reasons” for which a career member of the armed forces would be allowed to resign and the number of resignation requests accepted and denied, as well as the reasons for refusal, where applicable. Furthermore, the Committee requests the Government once again to indicate the period of engagement that is required for entry into the military school and the period required after receiving specialized training.

2. Suppression of vagrancy. The Committee notes that, under the provisions of section 184 of Act No. 2017-01 of 8 May 2017 issuing the Penal Code of 2017, the fact of not having a fixed abode or livelihood, of not being habitually engaged in a trade or profession, and of being found in a place that is public or open to the public is an offence punishable by a term of imprisonment. The Committee observes that the wording of section 184 of the Penal Code is general enough to allow it to be used as an indirect compulsion to work, penalizing the mere refusal to work. Such a definition, which is not limited to penalizing illicit activities or those likely to cause public disorder, runs counter to the provisions of the Convention.The Committee therefore requests the Government to provide information on the application in practice of section 184 of the Penal Code, as well as on any measures envisaged to expressly eliminate from legislation any compulsion to labour for vagrants.

Article 2(2)(c). Prison labour. The Committee previously noted the adoption in 2011 of a new Act on prisons and Ordinance No. 032/PR/2012 on the organization of prisons, and requested the Government to provide copies of these two texts. The Committee notes that, according to the Government’s 30 August 2018 report to the Human Rights Council, Act No. 019/PR/2017 establishing the prison system was adopted on 28 July 2017 (A/HRC/WG.6/31/TCD/1, paragraph 11).The Committee requests the Government to send without delay a copy of the legislation currently in force governing prison labour in Chad.

Article 25. Imposition of effective penal sanctions. The Committee previously recalled the importance of penalties of a penal and dissuasive nature in the case of the exaction of forced labour and expressed the hope that the Government would take the opportunity of the adoption of the new Penal Code to criminalize and establish penalties for forced labour.

The Committee notes that section 327 of Act No. 2017-01 of 8 May 2017 issuing the Penal Code provides for imprisonment of one to five years and/or a fine for any person who imposes upon others any work or service for which they did not voluntarily offer themselves. Section 331 stipulates that the penalty is doubled in the event of threats, recourse to violence or other forms of compulsion, abduction, fraud, deception, abuse of authority or advantage being taken of a situation of vulnerability or exploitation. Referring to paragraph 319 of its General Survey of 2012 on the fundamental Conventions, the Committee recalls that in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive, legislation providing for the possibility of a fine alone cannot be considered to be effective.The Committee requests the Government to provide information on the manner in which sections 327 and 331 of the Penal Code are applied in practice, providing specific information on penalties imposed on persons convicted under sections 327 and 331 of the Penal Code.

Repetition

Article 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. In its previous comments, the Committee noted that, according to section 14 of Ordinance No. 001/PCE/CEDNACVG/91 of 1991 reorganizing the armed forces within the framework of compulsory military service, conscripts who are fit for service are classified into two categories, one of which remains at the disposal of the military authorities for two years and may be called upon to perform work in the general interest by order of the Government. The Committee recalled that, to be excluded from the scope of application of the Convention and not considered to be forced labour, any work or service exacted under compulsory military service laws must be of a purely military character. The Committee therefore requested the Government to take measures to amend the provisions of section 14 and noted the Government’s indication that those provisions would be brought into conformity with the Convention.

The Government once again indicates in its report that it will take the necessary measures to bring the provisions of section 14 of Ordinance No. 001/PCE/CEDNACVG/91 into conformity with the Convention. The Committee notes that section 14 of the Ordinance of 1991 reorganizing the armed forces was reproduced in section 32 of Act No. 012/PR/2006 of 10 March 2006 reorganizing the armed and security forces.

The Committee notes with regretthe continued absence of measures bringing the provisions of the legislation on compulsory military service into conformity with the Convention, despite the Committee’s requests in this regard over several years.The Committee urges the Government to amend the legislation setting out the rules applicable to compulsory military service in order to limit the work or services exacted as part of compulsory military service to that of a purely military character, without including work in the general interest, in conformity with Article 2(2)(a) of the Convention. The Committee also requests the Government to provide a copy of the legislation currently in force governing compulsory military service. Lastly, it requests the Government to provide information on the number of persons performing work in the general interest by order of the Government and on the nature of such work.

Article 2(2)(c). Work imposed by an administrative authority. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which the administrative authorities may impose work on persons subject to a prohibition of residence once they have completed their sentence. This section provides that a person with a criminal conviction involving the prohibition of residence may be used for work in the public interest for a period the duration of which is determined by order of the Prime Minister.

The Committee notes with regret that the Government reiterates in its report that it will take the necessary measures to amend or repeal section 2 of Act No. 14 of 1959, without reporting any progress in this regard. The Commission recalls that, under Article 2(2)(c) of the Convention, mandatory work exacted from convicts is not considered forced labour only when it is exacted as a consequence of a conviction in a court of law and subject to certain conditions.Consequently, the Committee strongly urges the Government to take the necessary measures to amend or repeal section 2 of Act No. 14 of 13 November 1959 so that persons subjected to a prohibition of residence who have completed their sentence are not sentenced to work in the public interest by administrative authorities. In the meantime, the Committee requests the Government to provide information on the application in practice of section 2 of Act No. 14 of 1959, particularly on the number of sentences imposed under this section.

Repetition

Articles 1(1), 2(1), and 25 of the Convention. Trafficking in persons. The Committee previously noted the establishment of an inter ministerial committee in 2013 with responsibility, among other matters, for proposing amendments to the national laws and regulations in force and coordinating all activities by ministerial departments involved in combating trafficking in persons. The Committee requested the Government to provide information on the measures taken to raise awareness about the phenomenon of trafficking and to strengthen its legislative framework.

The Government indicates once again in its report that it is experiencing difficulties arising from a lack of training among legal professionals as well as financial and material difficulties to prevent, repress and punish trafficking in persons. The Committee notes that, according to information provided by the Government to the United Nations Human Rights Council in its report of 30 August 2018, Ordinance No. 006/PR/2018 on combating human trafficking in Chad was adopted on 30 March 2018 (A/HRC/WG.6/31/TCD/1, paragraph 11). The Committee also notes that, according to the May 2018 report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad, internally displaced and refugee women are victims of trafficking in persons (A/HRC/38/46/Add.2, paragraph 66). While noting the difficulties experienced by the Government, the Committee requests it to continue its efforts to prevent, repress and combat trafficking in persons. The Committee requests the Government to take measures to strengthen the capacity of the bodies responsible for enforcing the law in order to improve the identification and protection of victims of trafficking and ensure that all persons who commit acts of trafficking and related crimes are investigated and prosecuted. The Committee requests the Government to provide information in this regard and to communicate without delay a copy of Ordinance No. 006/PR/2018 on combating trafficking in persons in the Republic of Chad.

Articles 1(1) and 2(1). 1. Freedom of career members of the armed forces to leave their employment. The Committee previously noted that, under sections 104 and 105 of Ordinance No. 006 PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, in cases where a member of the armed forces “has received specialized training and has not reached the term of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, the request for resignation (provided for in section 103 of the above-mentioned Ordinance) will only be accepted “for exceptional reasons”. The Committee requested the Government to provide information on the manner in which career members of the armed services have the right to terminate their employment. The Committee also requested the Government to provide information on the period of engagement that is required after receiving specialized training and for entry into military school.

The Committee notes that the Government has not provided any information on this matter in its report. The Committee recalls that career members of the armed forces, who signed up voluntarily, must be able to leave the service in times of peace, within a reasonable period, either at specified intervals, or with previous notice, or subject to proportional reimbursement over the remaining period of service of the cost of the training received. The Committee therefore requests the Government to send information without delay on the application in practice of the provisions of sections 104 and 105 of the Ordinance issuing the general conditions of service of military personnel, with an indication of the “exceptional reasons” for which a career member of the armed forces would be allowed to resign and the number of resignation requests accepted and denied, as well as the reasons for refusal, where applicable. Furthermore, the Committee requests the Government once again to indicate the period of engagement that is required for entry into the military school and the period required after receiving specialized training.

2. Suppression of vagrancy. The Committee notes that, under the provisions of section 184 of Act No. 2017-01 of 8 May 2017 issuing the Penal Code of 2017, the fact of not having a fixed abode or livelihood, of not being habitually engaged in a trade or profession, and of being found in a place that is public or open to the public is an offence punishable by a term of imprisonment. The Committee observes that the wording of section 184 of the Penal Code is general enough to allow it to be used as an indirect compulsion to work, penalizing the mere refusal to work. Such a definition, which is not limited to penalizing illicit activities or those likely to cause public disorder, runs counter to the provisions of the Convention. The Committee therefore requests the Government to provide information on the application in practice of section 184 of the Penal Code, as well as on any measures envisaged to expressly eliminate from legislation any compulsion to labour for vagrants.

Article 2(2)(c). Prison labour. The Committee previously noted the adoption in 2011 of a new Act on prisons and Ordinance No. 032/PR/2012 on the organization of prisons, and requested the Government to provide copies of these two texts.

The Committee notes that, according to the Government’s 30 August 2018 report to the Human Rights Council, Act No. 019/PR/2017 establishing the prison system was adopted on 28 July 2017 (A/HRC/WG.6/31/TCD/1, paragraph 11). The Committee requests the Government to send without delay a copy of the legislation currently in force governing prison labour in Chad.

Article 25. Imposition of effective penal sanctions. The Committee previously recalled the importance of penalties of a penal and dissuasive nature in the case of the exaction of forced labour and expressed the hope that the Government would take the opportunity of the adoption of the new Penal Code to criminalize and establish penalties for forced labour.

The Committee notes that section 327 of Act No. 2017-01 of 8 May 2017 issuing the Penal Code provides for imprisonment of one to five years and/or a fine for any person who imposes upon others any work or service for which they did not voluntarily offer themselves. Section 331 stipulates that the penalty is doubled in the event of threats, recourse to violence or other forms of compulsion, abduction, fraud, deception, abuse of authority or advantage being taken of a situation of vulnerability or exploitation. Referring to paragraph 319 of its General Survey of 2012 on the fundamental Conventions, the Committee recalls that in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive, legislation providing for the possibility of a fine alone cannot be considered to be effective. The Committee requests the Government to provide information on the manner in which sections 327 and 331 of the Penal Code are applied in practice, providing specific information on penalties imposed on persons convicted under sections 327 and 331 of the Penal Code.

Repetition

Article 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. In its previous comments, the Committee noted that, according to section 14 of Ordinance No. 001/PCE/CEDNACVG/91 of 1991 reorganizing the armed forces within the framework of compulsory military service, conscripts who are fit for service are classified into two categories, one of which remains at the disposal of the military authorities for two years and may be called upon to perform work in the general interest by order of the Government. The Committee recalled that, to be excluded from the scope of application of the Convention and not considered to be forced labour, any work or service exacted under compulsory military service laws must be of a purely military character. The Committee therefore requested the Government to take measures to amend the provisions of section 14 and noted the Government’s indication that those provisions would be brought into conformity with the Convention.

The Government once again indicates in its report that it will take the necessary measures to bring the provisions of section 14 of Ordinance No. 001/PCE/CEDNACVG/91 into conformity with the Convention. The Committee notes that section 14 of the Ordinance of 1991 reorganizing the armed forces was reproduced in section 32 of Act No. 012/PR/2006 of 10 March 2006 reorganizing the armed and security forces.

The Committee notes with regret the continued absence of measures bringing the provisions of the legislation on compulsory military service into conformity with the Convention, despite the Committee’s requests in this regard over several years. The Committee urges the Government to amend the legislation setting out the rules applicable to compulsory military service in order to limit the work or services exacted as part of compulsory military service to that of a purely military character, without including work in the general interest, in conformity with Article 2(2)(a) of the Convention. The Committee also requests the Government to provide a copy of the legislation currently in force governing compulsory military service. Lastly, it requests the Government to provide information on the number of persons performing work in the general interest by order of the Government and on the nature of such work.

Article 2(2)(c). Work imposed by an administrative authority. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which the administrative authorities may impose work on persons subject to a prohibition of residence once they have completed their sentence. This section provides that a person with a criminal conviction involving the prohibition of residence may be used for work in the public interest for a period the duration of which is determined by order of the Prime Minister.

The Committee notes with regret that the Government reiterates in its report that it will take the necessary measures to amend or repeal section 2 of Act No. 14 of 1959, without reporting any progress in this regard. The Commission recalls that, under Article 2(2)(c) of the Convention, mandatory work exacted from convicts is not considered forced labour only when it is exacted as a consequence of a conviction in a court of law and subject to certain conditions. Consequently, the Committee strongly urges the Government to take the necessary measures to amend or repeal section 2 of Act No. 14 of 13 November 1959 so that persons subjected to a prohibition of residence who have completed their sentence are not sentenced to work in the public interest by administrative authorities. In the meantime, the Committee requests the Government to provide information on the application in practice of section 2 of Act No. 14 of 1959, particularly on the number of sentences imposed under this section.

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Under the terms of section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. In cases where the member of the armed forces “has received specialized training and has not reached the term of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (sections 104 and 105). The Committee emphasizes that career members of the armed forces must be able to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice, or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (number of applications to resign, number of resignations accepted or refused, time taken to process such applications and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee requests the Government to indicate the period of engagement that is required for entry into the military school and the period required after receiving specialized training. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that, in reply to its request concerning the measures adopted to prevent, suppress and punish trafficking in persons, the Government refers to financial and material problems in the application of the legislative texts and the lack of training of those working with the law. The Committee observes in this regard that, within the framework of its project “Strengthening Chad’s Capacity to Prevent and Combat Trafficking in Persons”, the International Organization for Migration has published qualitative observations on the phenomenon of trafficking in persons in Chad. The Committee also notes that, in the replies provided by Chad to the United Nations Human Rights Committee concerning the application of the International Covenant on Civil and Political Rights, the Government indicated that, to combat trafficking in persons, an inter-ministerial committee had been established on 17 October 2013 with responsibility, among other matters, for proposing the amendment of the national laws and regulations in force and coordinating all activities by ministerial departments involved in combating trafficking in persons (CCPR/C/TCD/Q/2/Add.1 of 18 February 2014). While noting the difficulties referred to by the Government, the Committee hopes that it will be able to indicate, in its next report, the measures adopted to raise awareness of the phenomenon of trafficking and to strengthen its legislative framework so as to have adequate legislative provisions to combat trafficking in persons, both for sexual exploitation and for labour exploitation, so that the competent authorities are better able to identify cases of trafficking, prosecute those responsible and protect victims. Please provide information on the activities carried out by the Inter-ministerial Committee to Combat Trafficking in Persons.

Article 2(2)(c). Prison labour. The Committee notes that, in the information provided by Chad to the United Nations Human Rights Committee on the application of the International Covenant on Civil and Political Rights, the Government refers to the adoption in 2011 of a new Act on prisons and to Ordinance No. 032/PR/2012 on the organization of prisons. The Committee requests the Government to provide copies of these two texts.

Article 25. Imposition of effective penal sanctions. Once again in the information provided by Chad to the United Nations Human Rights Committee, the Committee observes that the Government refers to a new draft Penal Code. Considering that only section 190 of the Labour Code currently establishes penalties for the exaction of forced labour, and these penalties are not of the penal and dissuasive nature required by Article 25 of the Convention. The Committee hopes that the Government will take the opportunity of the adoption of this new Penal Code to criminalize and establish penalties for forced labour.

Repetition

Article 2(2)(a) of the Convention. Work of general interest imposed in the context of compulsory military service. For many years, the Committee has been requesting the Government to take measures to amend the legislation on compulsory military service to ensure its conformity with Article 2(2)(a) of the Convention. The Committee noted previously that, according to section 14 of Ordinance No. 001/PCE/CEDNACVG/91 reorganizing the armed forces within the framework of compulsory military service, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called upon to perform work of general interest by order of the Government. However, to be excluded from the scope of the Convention and not considered to be forced labour, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. In its report, the Government indicates that it will take the necessary measures to bring the provisions of section 14 of Ordinance No. 001/PCE/CEDNACVG/91 into conformity with the Convention. The Committee takes due note of this information and hopes that the provisions of section 14 of the Ordinance reorganizing the armed forces of 1991 will be amended in the very near future so as to ensure that work exacted within the framework of compulsory military service is of a purely military character.

Article 2(2)(c). Work imposed by an administrative authority. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision allows the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee notes the Government’s indication that it will take the necessary measures to amend or repeal section 2 of Act No. 14 of 1959 referred to above. Taking into account the fact that this matter has been the subject of comments by the Committee for many years and that the Government has already referred in the past to a draft text to repeal this provision, the Committee trusts that the Government will indicate in its next report the progress achieved in this respect.

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Under the terms of section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. In cases where the member of the armed forces “has received specialized training and has not reached the term of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (sections 104 and 105). The Committee emphasizes that career members of the armed forces must be able to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice, or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (number of applications to resign, number of resignations accepted or refused, time taken to process such applications and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee requests the Government to indicate the period of engagement that is required for entry into the military school and the period required after receiving specialized training. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that, in reply to its request concerning the measures adopted to prevent, suppress and punish trafficking in persons, the Government refers to financial and material problems in the application of the legislative texts and the lack of training of those working with the law. The Committee observes in this regard that, within the framework of its project “Strengthening Chad’s Capacity to Prevent and Combat Trafficking in Persons”, the International Organization for Migration has published qualitative observations on the phenomenon of trafficking in persons in Chad. The Committee also notes that, in the replies provided by Chad to the United Nations Human Rights Committee concerning the application of the International Covenant on Civil and Political Rights, the Government indicated that, to combat trafficking in persons, an inter-ministerial committee had been established on 17 October 2013 with responsibility, among other matters, for proposing the amendment of the national laws and regulations in force and coordinating all activities by ministerial departments involved in combating trafficking in persons (CCPR/C/TCD/Q/2/Add.1 of 18 February 2014). While noting the difficulties referred to by the Government, the Committee hopes that it will be able to indicate, in its next report, the measures adopted to raise awareness of the phenomenon of trafficking and to strengthen its legislative framework so as to have adequate legislative provisions to combat trafficking in persons, both for sexual exploitation and for labour exploitation, so that the competent authorities are better able to identify cases of trafficking, prosecute those responsible and protect victims. Please provide information on the activities carried out by the Inter-ministerial Committee to Combat Trafficking in Persons.

Article 2(2)(c). Prison labour. The Committee notes that, in the information provided by Chad to the United Nations Human Rights Committee on the application of the International Covenant on Civil and Political Rights, the Government refers to the adoption in 2011 of a new Act on prisons and to Ordinance No. 032/PR/2012 on the organization of prisons. The Committee requests the Government to provide copies of these two texts.

Article 25. Imposition of effective penal sanctions. Once again in the information provided by Chad to the United Nations Human Rights Committee, the Committee observes that the Government refers to a new draft Penal Code. Considering that only section 190 of the Labour Code currently establishes penalties for the exaction of forced labour, and these penalties are not of the penal and dissuasive nature required by Article 25 of the Convention. The Committee hopes that the Government will take the opportunity of the adoption of this new Penal Code to criminalize and establish penalties for forced labour.

Repetition

Article 2(2)(a) of the Convention. Work of general interest imposed in the context of compulsory military service. For many years, the Committee has been requesting the Government to take measures to amend the legislation on compulsory military service to ensure its conformity with Article 2(2)(a) of the Convention. The Committee noted previously that, according to section 14 of Ordinance No. 001/PCE/CEDNACVG/91 reorganizing the armed forces within the framework of compulsory military service, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called upon to perform work of general interest by order of the Government. However, to be excluded from the scope of the Convention and not considered to be forced labour, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. In its report, the Government indicates that it will take the necessary measures to bring the provisions of section 14 of Ordinance No. 001/PCE/CEDNACVG/91 into conformity with the Convention. The Committee takes due note of this information and hopes that the provisions of section 14 of the Ordinance reorganizing the armed forces of 1991 will be amended in the very near future so as to ensure that work exacted within the framework of compulsory military service is of a purely military character.

Article 2(2)(c). Work imposed by an administrative authority. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision allows the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee notes the Government’s indication that it will take the necessary measures to amend or repeal section 2 of Act No. 14 of 1959 referred to above. Taking into account the fact that this matter has been the subject of comments by the Committee for many years and that the Government has already referred in the past to a draft text to repeal this provision, the Committee trusts that the Government will indicate in its next report the progress achieved in this respect.

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Under section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. Under section 104, the initiative for resignation lies with the member of the armed forces. In cases where the member of the armed forces “has received specialized training and has not reached the end of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (section 105).

The Committee emphasized in its previous comments that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (notice period, acceptance, refusal and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee would be grateful if the Government would indicate the period of the engagement that is required for entry into the military school and, when members of the armed forces have received specialized training, the average duration of such training and the periods for which these members of the armed forces may undertake to remain in the service. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that the Government has not provided information in reply to its general observation of 2000 relating to the measures adopted by governments to prevent, suppress and punish the trafficking of persons. It would be grateful if the Government would refer to this general observation and if it would provide information on any measures that it has adopted in this respect, with an indication of whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities to implement this legislation.

Repetition

Article 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. The Committee previously noted Ordinance No. 001/PCE/CEDNACVG/91 organizing the armed forces, according to which military service is compulsory for every citizen of Chad. Under section 14 of the Ordinance, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called up to perform work in the general interest by order of the Government. The Committee noted that similar provisions were contained in Ordinance No. 2 of 1961 on the organization and recruitment of the armed forces of the Republic, on which it commented for many years. Indeed, such provisions are not compatible with Article 2(2)(a) of the Convention under which, to be excluded from the scope of the Convention, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. The Committee hopes that the Government will take the necessary measures to bring the provisions of section 14 of the Ordinance of 1991 reorganizing the armed forces and, as appropriate, any decrees issued thereunder, into conformity with the Convention.

Article 2(2)(c). For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision would allow the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee hopes that the Government will take the necessary measures without further delay to amend or repeal section 2 of Act No. 14 of 13 November 1959 referred to above.

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Under section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. Under section 104, the initiative for resignation lies with the member of the armed forces. In cases where the member of the armed forces “has received specialized training and has not reached the end of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (section 105).

The Committee emphasized in its previous comments that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (notice period, acceptance, refusal and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee would be grateful if the Government would indicate the period of the engagement that is required for entry into the military school and, when members of the armed forces have received specialized training, the average duration of such training and the periods for which these members of the armed forces may undertake to remain in the service. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that the Government has not provided information in reply to its general observation of 2000 relating to the measures adopted by governments to prevent, suppress and punish the trafficking of persons. It would be grateful if the Government would refer to this general observation and if it would provide information on any measures that it has adopted in this respect, with an indication of whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities to implement this legislation.

Repetition

Article 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. The Committee previously noted Ordinance No. 001/PCE/CEDNACVG/91 organizing the armed forces, according to which military service is compulsory for every citizen of Chad. Under section 14 of the Ordinance, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called up to perform work in the general interest by order of the Government. The Committee noted that similar provisions were contained in Ordinance No. 2 of 1961 on the organization and recruitment of the armed forces of the Republic, on which it commented for many years. Indeed, such provisions are not compatible with Article 2(2)(a) of the Convention under which, to be excluded from the scope of the Convention, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. The Committee hopes that the Government will take the necessary measures to bring the provisions of section 14 of the Ordinance of 1991 reorganizing the armed forces and, as appropriate, any decrees issued thereunder, into conformity with the Convention.

Article 2(2)(c). For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision would allow the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee hopes that the Government will take the necessary measures without further delay to amend or repeal section 2 of Act No. 14 of 13 November 1959 referred to above.

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Under section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. Under section 104, the initiative for resignation lies with the member of the armed forces. In cases where the member of the armed forces “has received specialized training and has not reached the end of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (section 105).

The Committee emphasized in its previous comments that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (notice period, acceptance, refusal and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee would be grateful if the Government would indicate the period of the engagement that is required for entry into the military school and, when members of the armed forces have received specialized training, the average duration of such training and the periods for which these members of the armed forces may undertake to remain in the service. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that the Government has not provided information in reply to its general observation of 2000 relating to the measures adopted by governments to prevent, suppress and punish the trafficking of persons. It would be grateful if the Government would refer to this general observation and if it would provide information on any measures that it has adopted in this respect, with an indication of whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities to implement this legislation.

Repetition

Article 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. The Committee previously noted Ordinance No. 001/PCE/CEDNACVG/91 organizing the armed forces, according to which military service is compulsory for every citizen of Chad. Under section 14 of the Ordinance, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called up to perform work in the general interest by order of the Government. The Committee noted that similar provisions were contained in Ordinance No. 2 of 1961 on the organization and recruitment of the armed forces of the Republic, on which it commented for many years. Indeed, such provisions are not compatible with Article 2(2)(a) of the Convention under which, to be excluded from the scope of the Convention, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. The Committee hopes that the Government will take the necessary measures to bring the provisions of section 14 of the Ordinance of 1991 reorganizing the armed forces and, as appropriate, any decrees issued thereunder, into conformity with the Convention.

Article 2(2)(c). For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision would allow the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee hopes that the Government will take the necessary measures without further delay to amend or repeal section 2 of Act No. 14 of 13 November 1959 referred to above.