Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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.