Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Tchad (Ratification: 2000)

Autre commentaire sur C182

Observation

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General of 7 August 2008 on children and armed conflict in Chad (S/2008/532, for the period July 2007–June 2008), the forced recruitment and use of child soldiers in the conflict in Chad is related to the regional dimension of the conflict. According to information in the Secretary-General’s report, between 7,000 and 10,000 children are associated with the armed forces and armed groups. The Committee noted that the Working Group on Children and Armed Conflict, in its conclusions of December 2008 (S/AC.51/2008/15), expressed concern that all parties to the conflict continue to recruit and use children and called for measures to be taken to prosecute the perpetrators and put an end to impunity.

The Committee notes that, according to the report of the United Nations Secretary-General of 15 May 2013 on children and armed conflict (A/67/845–S/2013/245, paragraphs 45–46), despite progress in the implementation of the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad, and although the national army of Chad did not recruit children as a matter of policy, the country task force verified 34 cases of recruitment of children by the army during the reporting period. In June 2012, a joint verification mission by the Government and the United Nations identified 24 children in an army training centre. An additional ten cases were verified by the head of the army in the Moussoro training centre in September 2012 in the framework of the action plan. All 34 children appeared to have been enlisted in the context of a recruitment drive in February–March 2012, during which the army gained 8,000 new recruits.

Furthermore, despite the positive measures taken by the Government, including implementation of the action plan of 2011 concerning children associated with the armed forces and armed groups in Chad, the Secretary-General reports that further measures are needed to strengthen the screening mechanisms for recruitment by the national army of Chad and to establish directives to prevent the enlistment of children (A/67/845–S/2013/245, paragraph 48). While the issuance of military directives concerning the prohibition of under-age recruitment is consistent with the action plan, such instructions need to clearly spell out penalties for violations. Furthermore, no investigations into allegations of recruitment and use of children were undertaken, nor was any disciplinary action taken against recruiters.

The Committee takes note of the new roadmap of May 2013 sent by the Government and adopted further to the review of the implementation of the action plan concerning children associated with the armed forces and armed groups in Chad and aimed at achieving full observance of the 2011 action plan by the Government of Chad and the United Nations task force. The roadmap establishes new deadlines for implementation of the action plan’s objectives. The Committee observes that, in the context of the roadmap, one of the priorities is to speed up the adoption of the preliminary draft of the Child Protection Code, which prohibits the recruitment and use of young persons under 18 years of age in the national security forces and lays down penalties to that effect. Moreover, during 2013 it is planned to establish transparent, effective and accessible complaint procedures regarding cases of recruitment and use of children, and also to adopt measures for the immediate and independent investigation of all credible allegations of recruitment or use of children, for the prosecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

The Committee again expresses deep concern at the current situation, especially as the persistence of this worst form of child labour leads to other violations of the rights of the child, such as abduction, death and sexual violence. It again reminds the Government that under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to intensify its efforts to end, in practice, the forced recruitment of children under 18 years of age by the armed forces and armed groups and immediately undertake the full demobilization of all children. With reference to Security Council Resolution 2068 of 19 September 2012, which recalls the “responsibilities of States to end impunity and to prosecute those responsible for ... , war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate steps, in the context of the implementation of the 2013 roadmap, to ensure that perpetrators are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons found guilty of recruiting and using children under 18 years of age in armed conflict. It requests the Government to supply information in this respect in its next report.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration, including access to free basic education and vocational training. Children who have been enlisted and used in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General of 7 August 2008 on children and armed conflict in Chad (S/2008/532), the Government of Chad signed an agreement with the United Nations Children’s Fund (UNICEF) on 9 May 2007 to ensure the release and sustainable reintegration of all child soldiers associated with the armed forces and groups in the country. The Committee also noted that, according to the Secretary-General’s report, Chad undertook to release as a matter of priority children associated with armed groups held in detention. Moreover, it decided that an inter-ministerial task force would be established to coordinate and ensure the effective reintegration of children. The Committee on the Rights of the Child (CRC), in its concluding observations of February 2009 (CRC/C/TDC/CO/2, paragraph 71), urged the Government to take the necessary measures immediately to facilitate contact between armed groups operating in Chad and the United Nations in order to promote the demobilization of children and prevent the recruitment of children, particularly in refugee camps. In this regard, the CRC urged the Government to extend the disarmament, demobilization and reintegration programme, placing particular emphasis on the demobilization and reintegration of girls.

The Committee notes that, according to the report of the United Nations Secretary-General of 15 May 2013 on children and armed conflict (A/67/845–S/2013/245, paragraph 49), the actions taken by the Government for the release, temporary care and reunification of separated children, while encouraging, are not yet in line with the commitments made in the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad. For example, 18 of the 24 children identified in Mongo were not part of a separation process involving the United Nations and, therefore, could not benefit from reintegration assistance. Similarly, the ten children identified in the Moussoro training centre were released and reunited with their families in N’Djamena without receiving reintegration support.

The Committee notes that one of the priorities referred to in the 2013 roadmap is to secure the release of children and support their reintegration, particularly by identifying, monitoring, registering and planning the release of all children associated with the armed forces and paramilitary groups and by supporting the reintegration of released children, in conjunction with the government departments and civil society organizations involved, by sharing a monthly list, for confirmation and verification, of children who have been demobilized. The Committee again requests the Government to intensify its efforts and continue its collaboration with UNICEF and the United Nations in order to improve the situation of child victims of forced recruitment for use in armed conflict. Moreover, the Committee requests the Government to supply information on measures taken in the context of the 2013 roadmap to ensure that child soldiers removed from the armed forces and groups receive adequate assistance for their rehabilitation and social integration, including reintegration into the school system or vocational training, wherever appropriate. It requests the Government to supply information on the results achieved in its next report.

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