Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3 of the Convention. Worst forms of child labour. In its previous comments the Committee noted that a draft Act issuing amendments to the Penal Code was being drawn up. It notes the Government’s indication that the draft amendments to the Penal Code are in the process of being adopted. The Committee further notes that, according to the Government’s second periodic report to the Committee on the Rights of the Child in June 2007 (CRC/C/TCD/2, paragraph 274), Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1969 concerning child labour has been revised to take account of the provisions of the present Convention. The Committee expresses the hope that the draft amendments to the Penal Code will be adopted soon and requests the Government to supply information on all developments in this respect. It also requests the Government to supply a copy of Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1959, as amended.

Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously noted that the Special Rapporteur on violence against women indicates, in the addendum to a  report on the integration of the human rights of women and the gender perspective entitled “International, regional and national developments in the area of violence against women 1994–2003” published in February 2003 (E/CN.4/2003/75/Add.1, paragraph 149), that the Penal Code makes trafficking in persons a crime punishable by imprisonment. She also indicated that cases have been reported of children being trafficked to the Central African Republic to be used as domestic servants, shop helpers and agricultural workers. There have also been reports of trafficking of children to Cameroon (paragraphs 143 and 169). The Committee asked the Government to supply information on the cases of trafficking of Chadian children to the Central African Republic and Cameroon.

The Government states in its report that there is no precise information concerning the trafficking of Chadian children to the Central African Republic and Cameroon. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Chad in February 2009 (CRC/C/TCD/CO2, paragraphs 79 and 80), expressed concern over reports that children have been kidnapped and trafficked abroad. It also expressed concern over the fact that the perpetrators of trafficking of children are not brought to justice. The Committee observes that, even though the national legislation prohibits the sale and trafficking of children, the problem exists in practice. The Committee reminds the Government that, under 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 Convention must 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 take immediate and effective measures to ensure the prevention in practice of the sale and trafficking of young persons under 18 years of age. It also requests the Government to supply information on the application of the provisions of the Penal Code which prohibit this worst form of child labour in practice, including, in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed.

2. Debt bondage, serfdom and forced or compulsory labour. In its previous comments the Committee noted that the Independent Expert on the situation of human rights in Chad, in her report entitled “Situation of human rights in Chad” published in January 2005 (E/CN.4/2005/121, paragraphs 57 and 86), referred to the practice in Chad of exploiting boys to look after cattle – child herders. This involves a contract for the hire of services concluded between the child’s parents or guardians and a stockbreeder who owns the cattle. The boy is paid in kind – one animal after one year’s work – but he is placed in semi-slavery where it is difficult to maintain his identity and personality. The Independent Expert also referred to the report of a mission to investigate human rights in the Mandoul region published 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 child herders are between 6 and 15 years of age. The Committee noted that, under article 20 of the Constitution of 31 March 1996, no person 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 (Labour Code), forced or compulsory labour is prohibited.

The Commission notes the Government’s statement that a campaign to raise awareness of this practice is still under way in the major population centres of the country. It also notes that the Government, in its report to the Committee on the Rights of the Child in June 2007 (CRC/C/TCD/2, paragraphs 294 and 295), indicated that cases of children being abducted for this purpose had been reported. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations of February 2009 (CRC/CTCD/CO/2, paragraph 77), expressed concern at the problem of the child herders. Even though the national legislation on this subject is in conformity with the Convention and the Government is still undertaking a campaign to raise public awareness of this problem, the Committee expresses great concern at the existence of this practice in Chad. It observes that, although awareness-raising campaigns are very important, they are insufficient when not accompanied by other measures to eliminate such a practice. Recalling that, pursuant to Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency, the Committee requests the Government to take the urgent measures needed to ensure that young persons under 18 years of age are protected against the practice of working as child herders. It also requests the Government to ensure that offenders are investigated and prosecuted and that sufficiently dissuasive and effective penalties are imposed on persons convicted for this practice. It requests the Government to supply information in this respect.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee previously noted that, although sections 279 and 280 of the Penal Code criminalize procuring, no provision appears to criminalize the client. Noting the absence of information in the Government’s report on this subject, the Committee expresses the hope that, as part of the amendment of the Penal Code, measures will be taken to criminalize any client who uses a young person under 18 years of age for prostitution. It requests the Government to supply information in this respect.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s statement that no measures have been taken to give effect to the Convention on this point. It expresses the hope that, as part of the amendment of the Penal Code, measures will be taken to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for the production of pornography or for pornographic performances. It requests the Government to supply information on this point.

Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes the Government’s statement that no measures have been taken to give effect to the Convention on this point. The Committee therefore expresses the hope that, as part of the amendment of the Penal Code, the Government will take steps to prohibit and penalize 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 by the relevant international conventions. It requests the Government to supply information in this respect.

Clause (d). Hazardous work. Self-employed children. In its previous comments the Committee noted the Government’s indication that the informal economy, which forms a substantial part of the national economy, is not regulated despite the fact that large numbers of children work in it. The Committee noted from the information in the Government’s report that Decree No. 55/PR/MTJS-DOMPS does not apply to young persons under 18 years of age who perform hazardous work in the informal economy. Noting the absence of information in the Government’s report on this point, the Committee requests the Government once again to indicate the manner in which young persons under 18 years of age benefit from the protection laid down by Article 3(d) of the Convention, namely from the prohibition on employment in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Article 6. Programmes of action to eliminate the worst forms of child labour. With reference to its previous comments, the Committee notes the Government’s statement that programmes of action will soon be implemented, in cooperation with the Ministry of the Public Service and Labour, the Ministry of Justice, UNICEF and employers’ and workers’ organizations. It also notes that the Ministry of the Public Service and Labour is running campaigns to raise public awareness of the worst forms of child labour. The Committee expresses the hope that the Government will be in a position to implement, in the near future, programmes of action aimed at the elimination of the worst forms of child labour and requests the Government to supply information in this respect.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s statement that there has been progress made in the provision of education to girls. However, the situation with regard to schooling in the regions affected by armed conflict is unstable. The Committee notes that, according to UNICEF statistics for 2006, the net attendance rate in primary education is 41 per cent for boys and 31 per cent for girls and in secondary education is 13 per cent for boys and 7 per cent for girls. The Committee further notes that, according to the 2008 Education for All Global Monitoring Report published by UNESCO entitled “Education for All by 2015: Will we make it?”, progress has been made in reducing the gender gap in education but there are still substantial disparities, to the disadvantage of girls. Furthermore, more than 20 per cent of primary school pupils repeat the school year and the completion of schooling remains a major problem, with less than half of all pupils staying until the final year. According to the UNESCO report, Chad is making progress but has little chance of achieving the goal of education for all by 2015. In addition, it is unlikely that the country will achieve gender parity by 2025.

The Committee notes the Government’s indication in its report to
the Committee on the Rights of the Child in June 2007 (CRC/C/TCD/2,
paragraph 225) that a girls’ education unit has been set up. It also notes that the Committee on the Rights of the Child, in its concluding observations of February 2009 (CRC/C/TCD/CO/2, paragraph 67), welcomed the adoption of a ten-year support programme for reform of the educational system (2004–15), the integration of education in the poverty reduction strategy and the cooperation with local communities, many of which accept responsibility for the schools placed under their authority. Moreover, the Committee notes that, according to the report of the United Nations Secretary-General on children and armed conflict in Chad of 7 August 2008 (S/2008/532), inaccessibility of education and employment constitutes an additional incentive for children to enter the ranks of the armed forces and groups. However, information campaigns have been conducted to draw more attention to the importance of education, for both boys and girls.

The Committee expresses great concern at the low net school attendance rate, at both primary and secondary levels, and at the gender gap, to the disadvantage of girls. In view of the fact that education contributes towards preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country. It requests the Government to supply information on the effective and time-bound measures taken to increase the school attendance rate, at both primary and secondary levels, and to reduce the gender gap in access to education, with particular emphasis on girls. The Committee requests the Government to provide information on the results achieved.

Clause (b). Removal of children from the worst forms of child labour and assistance for their rehabilitation and social integration. Child herders. The Committee notes the Government’s indication in its report to the Committee on the Rights of the Child in June 2007 (CRC/C/TCD/2, paragraph 53) that UNICEF and other development partners have supported the implementation of a project to combat the use of child herders. The Committee requests the Government to supply information on the effective and time-bound measures taken, as part of the project to combat the use of children as herders, to remove children from this worst form of child labour and ensure their rehabilitation and social integration, and on the results obtained.

Clause (d). Children at special risk. 1. Street children. The Committee notes the Government’s reference, in its report to the Committee on the Rights of the Child in June 2007, to a 2003 UNICEF study on children in need of special protection, according to which 7,031 such children were identified as living or working in the street in the following seven towns and cities: Abéché (467), Bongor (505), Doba (222), Kélo (1,103), Moundou (582), N’Djamena (3,570) and Sarh (582) (CRC/C/TCD/2, paragraphs 301 and 302). The Committee also notes that the Committee on the Rights of the Child, in its concluding observations of February 2009 (CRC/C/TCD/CO/2, paragraph 75), expressed concern at the high number of children living in the streets, predominantly children living in poverty and at heightened risk of sexual and economic exploitation. The Committee on the Rights of the Child also expressed concern at the lack of specialized institutions or shelters to address the needs of these children. The Committee reminds the Government that street children are particularly vulnerable to the worst forms of child labour. In view of the large number of children living in the streets, the Committee requests the Government to take effective and time-bound measures to protect street children from the worst forms of child labour, and to ensure the rehabilitation and social integration of children removed from the streets, particularly through the setting up of specialized institutions or shelters. It requests the Government to provide information on the results achieved.

2. Orphans of HIV/AIDS and other vulnerable children. The Committee previously noted that, according to information contained in the 2004 Fact Sheet of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are approximately 96,000 children orphaned as a result of HIV/AIDS in Chad. The Committee notes that the Committee on the Rights of the Child, in its concluding observations (CRC/C/TCD/2, paragraph 63), noted with satisfaction the existence of a national strategic framework and a three‑year plan focused on prevention for youths but also noted that most HIV/AIDS orphans received inadequate care and protection. The Committee recalls that HIV/AIDS has adverse consequences for orphans, because they run a risk of engaging in the worst forms of child labour. The Committee therefore requests the Government to supply information on specific effective and time-bound measures taken, as part of the national strategy and the three-year plan, to prevent the engagement of children orphaned by HIV/AIDS in the worst forms of child labour and ensure their rehabilitation and social integration.

3. Child domestic workers. In its previous comments the Committee noted the Government’s indication that it had found in practice that children were improperly employed in domestic work. The Committee notes the Government’s indication that the sector is in the process of being regulated. It also notes that the Government, in its report to the Committee on the Rights of the Child in June 2007 (CRC/C/TCD/2, paragraph 79), indicated that a study of the problem of child domestic labour in N’Djamena was undertaken in 2005. The Committee notes that children, particularly young girls, employed in domestic work are often the victims of exploitation, which assumes diverse forms, and that it is difficult to monitor their conditions of employment because of the “unseen” nature of this work. The Committee requests the Government to provide information on the effective and time-bound measures taken to protect child domestic workers from the worst forms of child labour, to remove them from such labour and to provide the necessary and appropriate direct assistance to ensure their rehabilitation and social integration, particularly by the setting up of shelters with the necessary resources. It requests the Government to provide a copy of the study undertaken in 2005 and of the domestic work regulations, once they have been adopted.

4. Mouhadjirin (talibés) children. The Committee notes the Government’s statement in its report to the Committee on the Rights of the Child in June 2007 (CRC/C/TCD/2, paragraph 279) that a study regarding the problem of mouhadjirin children in N’Djamena was undertaken in 2005 and this provided a clearer picture of the problem. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations of February 2009 (CRC/C/TCD/CO/2, paragraph 77), expressed concern at the problem of mouhadjirin children. The Committee expresses concern at the use of these children for purely economic purposes, that is the use of children for the exploitation of their labour, by certain marabouts. It requests the Government to supply information on the time-bound measures taken to prevent the engagement of mouhadjirin young persons under 18 years of age in forced or compulsory labour, such as begging. Furthermore, it requests the Government to indicate the effective and time-bound measures taken to remove mouhadjirin children from this worst form of child labour and ensure their rehabilitation and social integration. Finally, it requests the Government to supply a copy of the study regarding this problem undertaken in 2005.