Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. 1. General measures. The Committee noted the information provided by the Government in its report to the effect that a Project for the Prevention and Protection of Children at Work (PPET) has been prepared to combat the scourge of child labour. It also noted that awareness-raising seminars on the worst forms of child labour were organized in January 2000. The Committee requests the Government to provide information on the implementation of the PPET for the elimination of the worst forms of child labour and the results achieved.

2. Legislative measures. The Committee noted the information provided by the Government in 2004 in its response to the in-depth study on the question of violence against children requested from the Secretary-General of the United Nations by the General Assembly in resolution 57/190, according to which the commission responsible for the rights of women and the promotion of children’s rights has begun preparing draft legislation prohibiting the worst forms of child labour (see paragraph 11 of the Government’s response). The Government added that a Bill to amend the Penal Code provides, among other measures, for the repression of trafficking in children (see paragraph 33 of the Government’s response). The Committee requests the Government to provide information on the Bill to prohibit the worst forms of child labour and the Bill to amend the Penal Code, and to provide copies of these Acts once they have been adopted.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted that, in her report on the integration of the human rights of women and the gender perspective – International, regional and national developments in the area of violence against women (1994–2003) – published in February 2003 (see E/CN.4/2003/75/Add.1, paragraph 149), the Special Reporter on violence against women indicates that the Penal Code makes trafficking in persons a crime punishable by imprisonment. She adds that there have been no reports of the trafficking of persons in Chad. However, in the same report, she notes that children are reportedly trafficked to the Central African Republic to be used as domestic servants, shop helpers and agricultural workers. Cases of the trafficking of children to Cameroon have also been reported (see E/CN.4/2003/75/Add.1, paragraphs 143 and 168).

The Committee reminded the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of young persons under 18 years of age for economic or sexual exploitation are considered to be among the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies the instrument has to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to provide information concerning these cases of the trafficking of children to the Central African Republic and to Cameroon. It also requests the Government to indicate whether the provisions contained in the Penal Code prohibiting the trafficking in persons cover both the sale and trafficking of children for economic and sexual purposes.

2. Debt bondage, serfdom and forced or compulsory labour. The Committee noted that, in her report entitled “Situation of human rights in Chad”, published in January 2005 (see E/CN.4/2005/121, paragraphs 57 and 86), the independent expert on human rights indicates that there is a practice in Chad of exploiting boys to look after cattle, and that they are known as enfants bouviers. Rather than the sale of a person, this involves a contract for the hire of services concluded between the child’s parents or guardians and a cattle-owning pastoralist. The boy is paid in kind – one animal at the end of the year – but he is placed in semi-slavery where it is difficult to maintain his identity and personality. The independent expert also refers to the report of a mission to investigate human rights in the Mandoul region issued in August 2004 by the National Human Rights Commission (CNDH), which provides a detailed account of the practice, the facts of which are corroborated by copies of signed contracts. According to this report, the enfants bouviers are aged between six and 15 years. In her recommendations, the independent expert recommends the abolition of the practice of enfants bouviers.

The Committee noted that, under the terms of article 20 of the Constitution of 31 March 1996, no one may be held in slavery or servitude. It also noted that, under section 5 of Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (hereinafter the Labour Code), forced or compulsory labour is prohibited. Under the terms of the same provision, the expression “forced or compulsory labour” means all work or service which is exacted from any person under the menace of any penalty and for which the person has not offered to work voluntarily. Furthermore, the Committee noted the information provided by the Government in its report to the effect that specific seminars on enfants bouviers have been organized for rural workers, stock-raisers and the traditional authorities in the localities in which the phenomenon is widespread.

The Committee reminded the Government that, under the terms of Article 3(a) of the Convention, all forms of slavery or practices similar to slavery, such as serfdom and forced or compulsory labour, are considered to be one of the worst forms of child labour. Although the national legislation appears to be in conformity with the Convention on this point and the Government has shown the will to resolve this practice, particularly through the adoption of awareness-raising measures for the population where the exploitation of boys as enfants bouviers is widespread, the Committee expressed concern at the existence of this practice in Chad. In this respect, it requests the Government to redouble its efforts to afford protection to children against this practice. It also requests the Government to provide information on the progress achieved in this respect.

3. Forced recruitment of children for use in armed conflict. The Committee noted that article 51 of the Constitution of 1996 establishes the obligation for each national of Chad to defend the homeland and the integrity of the national territory. This article also provides that military service shall be compulsory in accordance with the conditions for its performance determined by the law. According to the information provided by the Government in its “technical file of information on the recruitment of children into the army”, supplied to the Office in August 2004, section 14 of Ordinance No. 01/PCE/CEDNACVG of 16 January 1991 reorganizing the armed forces of Chad establishes the age of recruitment at 18 years for volunteers and 20 years for conscripts. The Committee requests the Government to provide a copy of Ordinance No. 01/PCE/CEDNACVG of 16 January 1991 reorganizing the armed forces of Chad.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that section 279 of the Penal Code, as cited by the Government in its response to the in-depth study on the question of violence against children requested from the Secretary-General of the United Nations by the General Assembly in resolution 57/190 (see paragraph 16 of the Government’s response), provides that any person shall be considered to be a procurer and shall be punished who: (1) in any manner, knowingly helps, assists or conceals the prostitution of another person or soliciting with a view to prostitution; (4) hires, removes or maintains, even with her or his consent, a person, even an adult, with a view to prostitution or who delivers such person into prostitution; and (5) acts as an intermediary, in any manner, between persons engaging in prostitution or debauchery and persons who exploit or remunerate the prostitution or debauchery of others. The Committee also noted that section 280 of the Penal Code provides that the penalty shall be heavier if the offence has been committed in relation to a minor. However, the Committee noted that, although the national legislation contains provisions criminalizing procuring, it does not appear to criminalize the client. It therefore requests the Government to provide information on the measures adopted or envisaged to criminalize clients who use children under 18 years of age for prostitution, and to establish sanctions for this purpose.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted that the national legislation does not appear to contain provisions giving effect to this provision of the Convention. The Committee reminded the Government that, under the terms of Article 1 of the Convention, it is under the obligation to take the immediate and effective measures necessary to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It therefore requests the Government to indicate the measures adopted or envisaged to prohibit, in accordance with Article 3(b) of the Convention, the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances, and to establish sanctions for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities. In the absence of information from the Government, the Committee recalled that, under the terms of Article 3(c) of the Convention, the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, is considered to be one of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures adopted or envisaged to secure the prohibition and elimination of the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with this provision of the Convention.

Article 3(d) and Article 4, paragraph 1. Hazardous work and the determination of these types of work. 1. General prohibition. The Committee noted that section 6 of Decree No. 55/PR/MTJS-DOMPS of 8 February 1969 respecting child labour contains a list of activities in which it is prohibited to employ young workers under 18 years of age.

2. Self-employed workers. The Committee noted that, in its initial report to the Committee on the Rights of the Child in July 1997 (see CRC/C/3/Add.50, paragraph 43), the Government indicated that the informal sector, which plays a major role in the national economy, is not organized, despite the fact that a large number of children work in the sector. The Government added that ways of regulating it are being considered. The Committee noted that, according to this information, Decree No. 55/PR/MTJS-DOMPS does not apply to young persons under 18 years of age engaged in hazardous types of work in the informal sector. It therefore requests the Government to indicate the manner in which the national legislation provides that these young persons under 18 years of age shall benefit from the protection afforded by Article 3(d) of the Convention so that they are not engaged in a work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 5. Mechanisms to monitor the implementation of the provisions of the Convention. 1. Labour inspection. The Committee noted that sections 471 to 489 of Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code determine the responsibilities of labour inspectors and labour controllers. It also noted that, under the terms of section 9 of Decree No. 55/PR/MTJS-DOMPS of 8 February 1969 respecting child labour, labour inspectors may require the examination of any young worker with a view to determining whether the work in which he or she is engaged is in excess of her or his strength. The Committee referred to its direct request made in 2004 under the Labour Inspection Convention, 1947 (No. 81), in which it noted the information provided by the Government in its report on the application of the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33), concerning the awareness-raising campaigns on child labour undertaken by the Ministry of Labour, in collaboration with UNICEF and other organizations, with a view to discouraging clandestine employers of children and warning parents of this phenomenon. The Committee requests the Government to provide information on the functions of labour inspectors and labour controllers, particularly with regard to the worst forms of child labour, including extracts of reports and documents.

2. Other mechanisms. As Article 3(a) to (c) of the Convention concerns crimes of a penal nature, the Committee also requests the Government to indicate whether monitoring mechanisms other than the labour administration services have been established to monitor the application of these provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the Government’s indication that a National Plan of Action for Children in Chad has been prepared. It requests the Government to indicate whether programmes of action to eliminate the worst forms of child labour are envisaged in the context of this National Plan of Action. The Committee also requests the Government to provide information on consultations with relevant government institutions, employers’ and workers’ organizations and, where appropriate, the views of other concerned groups taken into account when preparing these programmes of action.

Article 7, paragraph 1. Penalties. The Committee noted that section 190 of the Labour Code establishes sanctions for violations of section 5 respecting forced labour. It also noted that sections 279 and 280 of the Penal Code establish sanctions for the crime of procuring. Furthermore, it noted that section 13 of Decree No. 55/PR/MTJS-DOMPS of 8 February 1969 respecting child labour establishes sanctions for violations of its provisions, including the prohibition on employing young persons under 18 years of age in hazardous types of work. The Committee requests the Government to provide information on the application of these sanctions in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Cooperation programme between the Government and UNICEF (2001–05). The Committee noted the information provided in 2004 by the Government in its response to the in-depth study on the question of violence against children requested from the Secretary-General of the United Nations by the General Assembly in resolution 57/190, according to which a cooperation programme between the Government and UNICEF has been established with a view to prevention. This programme gives priority to children, including those who are victims of all forms of violence, including economic and sexual exploitation. The main lines of the Government’s preventive action focus on access to basic services (education, health and other basic infrastructure), action to combat the exclusion of street children and the worst forms of child labour (see paragraphs 2 and 3 of the Government’s response). The Committee requests the Government to provide information on the measures adopted in the context of this cooperation programme with UNICEF to prevent children being engaged in the worst forms of child labour, and particularly in economic and sexual exploitation.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. Children who have been recruited and used in armed conflict. In its concluding observations on the Government’s initial report in August 1999 (see CRC/C/15/Add.107, paragraph 35), the Committee on the Rights of the Child, while noting the existing awareness and political will concerning the problems caused by the involvement of children in armed conflict, expressed serious concern about the lack of resources available to support the rehabilitation and social reintegration of demobilized child soldiers. It also expressed particular concern about the situation of traumatized or permanently disabled former child soldiers and their lack of access to compensation or other support services. The Committee on the Rights of the Child recommended the Government to ensure the enforcement of its legislation banning the recruitment of children under 18 years of age. It also encouraged the redoubling of efforts to allocate the necessary resources, if necessary with international assistance, for the rehabilitation and social reintegration of former child soldiers, and particularly to provide compensation and support services to traumatized or permanently disabled former child soldiers.

The Committee noted the information provided by the Government in its technical file of information on the recruitment of children into the army, according to which the conflict in Chad over the past three decades has given rise to the massive enrolment of children among the ranks of combatants. In this respect, the Government indicated that, following the return of peace, it has taken measures, including the preparation of the National Programme of Action for Children in Chad (PROFANET) and the establishment of the Directorate for Children within the Ministry of Social Action and the Family as the body responsible for the implementation of the Government’s policy for children. The Government added that it has implemented programmes for the demobilization of child soldiers and that officially there are no longer any minors in the army in Chad. Furthermore, training workshops for police officers, magistrates on the role of children’s judges and army officers on the problem of child soldiers have been organized with a view to changing the attitudes of military chiefs who recruit children. The Committee requests the Government to provide further information on the measures referred to above with a view to the rehabilitation and social integration of demobilized child soldiers and on any other measures taken to prevent, monitor and eventually demobilize minors in armed groups other than those of the State.

Clause (d). Children at special risk. 1. HIV/AIDS. The Committee noted that, according to the information contained in the Epidemiological Fact Sheet on the epidemic for 2004 of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are approximately 96,000 HIV/AIDS orphans in Chad. While noting that Chad has developed a National AIDS Programme, the Committee expressed concern at the high number of children affected by HIV/AIDS. It notes that HIV/AIDS has consequences for orphans, who are at greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population and to provide information on the specific time-bound measures adopted to improve the situation of these children.

2. Child refugees. The Committee noted the information provided in 2004 by the Government in its response to the in-depth study on the question of violence against children requested from the Secretary-General of the United Nations by the General Assembly in resolution 57/190, according to which various activities are undertaken with a view to the protection of child refugees. These include surveys of the vulnerability of children following the conflicts in Darfur and the Central African Republic with a view to taking appropriate measures, such as awareness-raising and information activities and training on the general rights of refugees, on protection against the sexual and economic exploitation of refugees and the identification and psycho-social support of child victims (see paragraph 9 of the Government’s response). The Committee noted that child refugees are at greater risk of being engaged in the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted following the surveys undertaken on the vulnerability of children with a view to preventing child refugees from being engaged in the worst forms of child labour as a result of the conflicts in Darfur and the Central African Republic.

3. Child domestic workers. The Committee noted that, in its first report to the Committee on the Rights of the Child in July 1997 (see CRC/C/3/Add.50, paragraph 201), the Government indicated that in practice it is found that children are improperly employed in domestic work. The Committee requests the Government to take the necessary measures to protect children engaged in domestic work against the worst forms of child labour.

Clause (e). Special situation of girls. The Committee noted that, according to the statistical data for 2000 available to the ILO, 45.5 per cent of boys between 6 and 11 years of age were at school compared with 32.8 per cent of girls of the same age. The Committee noted that these figures show a difference of nearly 13 per cent between the school attendance rates of girls and boys. The Committee noted the information provided in 2004 by the Government in its response to the in-depth study on the question of violence against children requested from the Secretary-General of the United Nations by the General Assembly in resolution 57/190, according to which education is one of its priorities, with emphasis on school attendance by girls, and that national programmes are being undertaken in the country to promote education. In this respect, the Government referred to the Strategy of Education and Training for Employment (EPE) and the National Plan for Education for All (see paragraphs 2 and 3 of the Government’s response). Considering that education contributes to eliminating many of the worst forms of child labour, the Committee hopes that the Government will take the necessary measures to improve the education system, ensure that children attend school regularly and reduce school drop-out rates, particularly for girls.

Article 8. Enhanced international cooperation and assistance. The Committee noted that Chad is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat trafficking in children. It also noted that, according to World Bank information, the Government prepared a Poverty Reduction Strategy Paper (PRSP) in 2003. Noting that poverty reduction programmes contribute to breaking the vicious circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PRSP on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted that, according to ILO statistics for 2000, some 318,000 children between the ages of 10 and 14 years were economically active, of whom 151,000 were girls and 167,000 boys, representing 36.64 per cent of the population of this age group. However, the Committee noted that these data are for child labour in general, and that no statistics on the number of child victims of the worst forms of child labour appear to be available in Chad. It therefore requests the Government to provide statistics on the nature, extent and trends of the worst forms of child labour, and information on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and the penal sanctions applied.