Worst Forms of Child Labour Convention, 1999 (No. 182) - Chad (RATIFICATION: 2000)

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee noted that a bill issuing amendments to the Penal Code was in the process of being adopted. It also noted that Decree No. 55/PR/PM MTJS DTMOPS of 8 February 1969 concerning child labour had been revised to take account of the provisions of the present Convention.Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to take necessary measures to ensure that the bill issuing amendments to the Penal Code will be adopted in the near future, and requests it to supply information on all new developments in this respect. Furthermore, it reiterates its request to the Government to provide a copy of Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1969 as amended, in its next report.

Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously observed with concern that, although the problem of trafficking in children exists in practice in Chad, the Penal Code does not criminalize trafficking in persons.

The Committee notes that, according to the Government, the sale and trafficking of children is prohibited and the Public Prosecutor is undertaking actions to apprehend persons who kidnap children. The Government states however that it does not have any statistics on the violations, investigations, prosecutions and convictions in this area.The Committee urges the Government to indicate the provisions that effectively prohibit the sale and trafficking of persons and, more particularly, of children under 18 years of age. It requests the Government to take the necessary measures to ensure that information on the application in practice of the relevant provisions which prohibit this worst form of child labour is available, including statistics on the number and nature of violations reported and investigations conducted, as well as on the prosecutions, convictions and penalties imposed.

2. Debt bondage, serfdom and forced or compulsory labour. In its previous comments, the Committee noted that, although forced labour, including debt bondage and slavery, is banned under the national legislation, particularly by Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (Labour Code), the practice of exploiting boys between 6 and 15 years of age to look after cattle (child herders) exists in Chad. This practice involves a contract for the hirer 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 Committee once again expressed its serious concern at the existence of this practice in Chad.

The Committee notes the Government’s assertion that it will spare no efforts to guarantee the protection of children against the practice of using children as herders.Recalling once again 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 reiterates its request to the Government to take the necessary urgent measures 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 once again to ensure that offenders are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons convicted for this practice. It requests the Government to supply information on this matter in its next report.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that although sections 279 to 280 of the Penal Code criminalize procuring, no provision appears to criminalize the client or, consequently, the use of a young person under 18 years of age for prostitution.

The Committee notes the Government’s indication that it will provide more detailed information on this matter as soon as the amendment of the Penal Code has been adopted.The Committee urges the Government to take the necessary measures to ensure that the Penal Code is amended urgently and that this amendment will contain provisions criminalizing any client who uses a young person under 18 years of age for prostitution. The Committee requests the Government to supply information on this matter in its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes the Government’s indication that, as part of the amendment of the Penal Code, measures will be taken to prohibit and criminalize the use, procuring or offering of a child under 18 years of age for illicit activities.The Committee urges the Government to take the necessary measures to ensure that the amendment of the Labour Code will be adopted as a matter of urgency, and that it will contain provisions 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. It once again asks the Government to provide information in this respect.

Clause (d). Hazardous work. Children working in the informal sector. In its previous comments, the Committee noted that Decree No. 55/PR/PM MTJS DTMOPS does not apply to young persons under 18 years of age who perform hazardous work in the informal sector, in which many children are engaged.

The Committee takes note of the Government’s indication, in its report, that work in the informal sector is not covered by any monitoring system. The Government nevertheless states that efforts are being undertaken to make a transition from the informal sector to the formal sector. Referring to its 2012 General Survey on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that, in some cases, the limited number of labour inspectors makes it difficult for inspectors to cover the informal economy as a whole. It therefore calls upon States parties to the Convention to strengthen the capacities of the labour inspectorate.The Committee urges the Government to reinforce its measures to adapt and strengthen the labour inspection services to ensure that children under 18 years of age are not engaged in hazardous work in the informal sector and that they benefit from the protection prescribed under the Convention.

Article 7(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 previously noted that Chad was making progress towards achieving the goal of education for all by 2015 but had little chance of achieving it. In addition, it was unlikely that the country would achieve gender parity by 2025. It nevertheless noted 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 the reform of the education system (2004–15).

The Committee notes that, according to the Government, there has been an increase in school attendance rates, at both the primary and secondary levels. The Government also notes that, as a result of many missions carried out in the country to make parents aware of the importance of girls attending school, there is also a decrease in the gender gap.Considering that education contributes towards preventing the engagement of children in the worst forms of labour, the Committee again urges the Government to continue its efforts to improve the functioning of the education system in the country and to provide detailed information on measures taken in this respect. It also requests the Government to supply specific and up-to-date information on school attendance rates and the school enrolment rates of girls and boys, at both the primary and secondary levels.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted with concern the high number of children living in the streets, predominantly children living in poverty, who are at heightened risk of sexual and economic exploitation. It also noted with concern the lack of specialized institutions or shelters for these children.

The Committee notes the Government’s statement that the situation of children living in the streets is indeed worrying and that it has undertaken actions to guarantee the rehabilitation and social integration of these children. The Committee notes with regret the Government’s statement that it does not have any information on the results achieved.In view of the large number of children living in the streets, the Committee urges the Government to provide information on the time-bound measures taken to protect street children from the worst forms of child labour, and to ensure the rehabilitation and social integration of children actually removed from the streets. It also requests the Government once again to provide information in its next report on the results achieved.

2. HIV/AIDS orphans. In its previous comments, the Committee noted with concern that, according to UNAIDS estimates for 2011, there were some 180,000 children orphaned as a result of HIV/AIDS in Chad.

The Committee notes that the Government does not provide any information on this subject in its report. It takes note, however, that UNAIDS estimates for 2013 indicate that there are now some 160,000 children orphaned as a result of HIV/AIDS, accounting for a slight decrease in numbers. The Committee again reminds the Government that HIV/AIDS has adverse consequences for orphans because they are at increased risk of becoming involved in the worst forms of child labour.The Committee therefore once again requests the Government to supply information in its next report on the specific and time-bound measures taken to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour and to ensure their rehabilitation and social integration. It asks the Government to provide information on the results achieved in its next report.

3. Child domestic workers. The Committee previously noted that, in practice, children were employed in exploitative domestic work. The Committee noted the Government’s indication that the sector was in the process of being regulated.Noting once again the lack of information on this matter in the Government’s report, the Committee urges the Government to provide information on the 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 also reiterates its request to the Government to provide a copy of the regulations governing domestic work, once they have been adopted.

4. Mouhadjirin (talibés) children. The Committee previously noted the Government’s indication that measures had been taken to raise parents’ awareness of, in particular, the phenomenon of mouhadjirin children. However, it felt bound to express its concern at the use of these children for purely economic reasons. The Committee recalled that although the issue of seeking alms as an educational tool fell outside the scope of the Committee’s mandate, it was clear that the use of children for begging for purely economic ends could not be accepted under the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 483).Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to supply specific information, in its next report, on the time-bound measures taken to prevent the engagement of mouhadjirin children 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 type of labour and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3(a) of the Convention. 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 on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 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. The 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. In this respect, the Committee noted the new roadmap of May 2013, 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 Committee observed that, in the context of the roadmap, one of the priorities was 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 was 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 persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

The Committee takes note of the information contained in the United Nations Secretary-General’s report of 15 May 2014 to the Security Council on children and armed conflict (A/68/878–S/2014/339). According to this report, the deployment of Chadian troops to the African-led International Support Mission in Mali (AFISMA) has prompted renewed momentum to accelerate the implementation of the action plan signed in June 2011 to end and prevent underage recruitment in the Chadian National Army, and the Chadian authorities have renewed their commitment to engage constructively with the United Nations to expedite the implementation of the action plan. The Government of Chad, in cooperation with the United Nations and other partners, has therefore taken significant steps to fulfil its obligations. For example, a presidential directive was adopted in October 2013 to confirm 18 years as the minimum age for recruitment into the armed and security forces. This directive also establishes age verification procedures and provides for penal and disciplinary sanctions to be taken against those violating the orders. The directive was disseminated among the commanders of all defence and security zones, including in the context of several training and verification missions. Furthermore, on 4 February 2014, a presidential decree explicitly criminalized the recruitment and use of children in armed conflict.

The Secretary-General states, however, that while the efforts made by the Government to meet all obligations under the action plan have resulted in significant progress, a number of challenges remain to ensure sustainability and the effective prevention of violations against children. Chad should pursue comprehensive and thorough screening and training of its armed and security forces to continue to prevent the presence of children, including in the light of Chad’s growing involvement in peacekeeping operations. While no new cases of recruitment of children were documented by the United Nations in 2013 and no children were found during the joint screening exercises carried out with the Chadian authorities, interviews confirmed that soldiers had been integrated in the past into the Chadian National Army from armed groups while still under the age of 18. According to the Secretary-General, the strengthening of operating procedures, such as those for age verification, which ensure the accountability of perpetrators, should remain a priority for the Chadian authorities. Finally, the Secretary-General invited the National Assembly to proceed as soon as possible with the examination and adoption of the Child Protection Code, which should provide greater protection for the children of Chad.The Committee therefore 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 to undertake immediately the full demobilization of all children. The Committee urges the Government to take immediate measures to ensure that the 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. Finally, the Committee urges the Government to take the necessary measures to ensure the adoption of the Child Protection Code as soon as possible.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. 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 on children and armed conflict of 15 May 2013 (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, were 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. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

The Committee notes that, according to the Secretary-General’s report of 15 May 2014, a central child protection unit has been established in the Ministry of Defence, as well as in each of the eight defence and security zones, to coordinate the monitoring and protection of children’s rights and to implement awareness-raising activities. Between August and October 2013, the Government and the United Nations jointly conducted screening and age verification of approximately 3,800 troops of the Chadian national army in all eight zones. The age verification standards had been previously developed during a workshop organized by the United Nations in July. In addition, between August and September 2013, a training-of-trainers programme on child protection was attended by 346 members of the Chadian National Army. As from July 2013, troops of the Chadian National Army deployed in Mali started to receive pre deployment training on child protection and international humanitarian law; in December of the same year, 864 troops attended child protection training at the Loumia training centre.The Committee encourages the Government to intensify its efforts and continue its collaboration with the United Nations in order to prevent the enrolment of children in armed groups and improve the situation of child victims of forced recruitment for use in armed conflict. In addition, the Committee requests the Government once again to supply information on measures taken 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 matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee noted that a bill issuing amendments to the Penal Code was in the process of being adopted. It also noted that Decree No. 55/PR/PM MTJS DTMOPS of 8 February 1969 concerning child labour had been revised to take account of the provisions of the present Convention. Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to take necessary measures to ensure that the bill issuing amendments to the Penal Code will be adopted in the near future, and requests it to supply information on all new developments in this respect. Furthermore, it reiterates its request to the Government to provide a copy of Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1969 as amended, in its next report.

Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously observed with concern that, although the problem of trafficking in children exists in practice in Chad, the Penal Code does not criminalize trafficking in persons.

The Committee notes that, according to the Government, the sale and trafficking of children is prohibited and the Public Prosecutor is undertaking actions to apprehend persons who kidnap children. The Government states however that it does not have any statistics on the violations, investigations, prosecutions and convictions in this area. The Committee urges the Government to indicate the provisions that effectively prohibit the sale and trafficking of persons and, more particularly, of children under 18 years of age. It requests the Government to take the necessary measures to ensure that information on the application in practice of the relevant provisions which prohibit this worst form of child labour is available, including statistics on the number and nature of violations reported and investigations conducted, as well as on the prosecutions, convictions and penalties imposed.

2. Debt bondage, serfdom and forced or compulsory labour. In its previous comments, the Committee noted that, although forced labour, including debt bondage and slavery, is banned under the national legislation, particularly by Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (Labour Code), the practice of exploiting boys between 6 and 15 years of age to look after cattle (child herders) exists in Chad. This practice involves a contract for the hirer 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 Committee once again expressed its serious concern at the existence of this practice in Chad.

The Committee notes the Government’s assertion that it will spare no efforts to guarantee the protection of children against the practice of using children as herders. Recalling once again 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 reiterates its request to the Government to take the necessary urgent measures 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 once again to ensure that offenders are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons convicted for this practice. It requests the Government to supply information on this matter in its next report.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that although sections 279 to 280 of the Penal Code criminalize procuring, no provision appears to criminalize the client or, consequently, the use of a young person under 18 years of age for prostitution.

The Committee notes the Government’s indication that it will provide more detailed information on this matter as soon as the amendment of the Penal Code has been adopted. The Committee urges the Government to take the necessary measures to ensure that the Penal Code is amended urgently and that this amendment will contain provisions criminalizing any client who uses a young person under 18 years of age for prostitution. The Committee requests the Government to supply information on this matter in its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes the Government’s indication that, as part of the amendment of the Penal Code, measures will be taken to prohibit and criminalize the use, procuring or offering of a child under 18 years of age for illicit activities. The Committee urges the Government to take the necessary measures to ensure that the amendment of the Labour Code will be adopted as a matter of urgency, and that it will contain provisions 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. It once again asks the Government to provide information in this respect.

Clause (d). Hazardous work. Children working in the informal sector. In its previous comments, the Committee noted that Decree No. 55/PR/PM MTJS DTMOPS does not apply to young persons under 18 years of age who perform hazardous work in the informal sector, in which many children are engaged.

The Committee takes note of the Government’s indication, in its report, that work in the informal sector is not covered by any monitoring system. The Government nevertheless states that efforts are being undertaken to make a transition from the informal sector to the formal sector. Referring to its 2012 General Survey on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that, in some cases, the limited number of labour inspectors makes it difficult for inspectors to cover the informal economy as a whole. It therefore calls upon States parties to the Convention to strengthen the capacities of the labour inspectorate. The Committee urges the Government to reinforce its measures to adapt and strengthen the labour inspection services to ensure that children under 18 years of age are not engaged in hazardous work in the informal sector and that they benefit from the protection prescribed under the Convention.

Article 7(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 previously noted that Chad was making progress towards achieving the goal of education for all by 2015 but had little chance of achieving it. In addition, it was unlikely that the country would achieve gender parity by 2025. It nevertheless noted 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 the reform of the education system (2004–15).

The Committee notes that, according to the Government, there has been an increase in school attendance rates, at both the primary and secondary levels. The Government also notes that, as a result of many missions carried out in the country to make parents aware of the importance of girls attending school, there is also a decrease in the gender gap. Considering that education contributes towards preventing the engagement of children in the worst forms of labour, the Committee again urges the Government to continue its efforts to improve the functioning of the education system in the country and to provide detailed information on measures taken in this respect. It also requests the Government to supply specific and up-to-date information on school attendance rates and the school enrolment rates of girls and boys, at both the primary and secondary levels.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted with concern the high number of children living in the streets, predominantly children living in poverty, who are at heightened risk of sexual and economic exploitation. It also noted with concern the lack of specialized institutions or shelters for these children.

The Committee notes the Government’s statement that the situation of children living in the streets is indeed worrying and that it has undertaken actions to guarantee the rehabilitation and social integration of these children. The Committee notes with regret the Government’s statement that it does not have any information on the results achieved. In view of the large number of children living in the streets, the Committee urges the Government to provide information on the time-bound measures taken to protect street children from the worst forms of child labour, and to ensure the rehabilitation and social integration of children actually removed from the streets. It also requests the Government once again to provide information in its next report on the results achieved.

2. HIV/AIDS orphans. In its previous comments, the Committee noted with concern that, according to UNAIDS estimates for 2011, there were some 180,000 children orphaned as a result of HIV/AIDS in Chad.

The Committee notes that the Government does not provide any information on this subject in its report. It takes note, however, that UNAIDS estimates for 2013 indicate that there are now some 160,000 children orphaned as a result of HIV/AIDS, accounting for a slight decrease in numbers. The Committee again reminds the Government that HIV/AIDS has adverse consequences for orphans because they are at increased risk of becoming involved in the worst forms of child labour. The Committee therefore once again requests the Government to supply information in its next report on the specific and time-bound measures taken to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour and to ensure their rehabilitation and social integration. It asks the Government to provide information on the results achieved in its next report.

3. Child domestic workers. The Committee previously noted that, in practice, children were employed in exploitative domestic work. The Committee noted the Government’s indication that the sector was in the process of being regulated. Noting once again the lack of information on this matter in the Government’s report, the Committee urges the Government to provide information on the 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 also reiterates its request to the Government to provide a copy of the regulations governing domestic work, once they have been adopted.

4. Mouhadjirin (talibés) children. The Committee previously noted the Government’s indication that measures had been taken to raise parents’ awareness of, in particular, the phenomenon of mouhadjirin children. However, it felt bound to express its concern at the use of these children for purely economic reasons. The Committee recalled that although the issue of seeking alms as an educational tool fell outside the scope of the Committee’s mandate, it was clear that the use of children for begging for purely economic ends could not be accepted under the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 483). Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to supply specific information, in its next report, on the time-bound measures taken to prevent the engagement of mouhadjirin children 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 type of labour and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3(a) of the Convention. 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 on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 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. The 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. In this respect, the Committee noted the new roadmap of May 2013, 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 Committee observed that, in the context of the roadmap, one of the priorities was 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 was 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 persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

The Committee takes note of the information contained in the United Nations Secretary-General’s report of 15 May 2014 to the Security Council on children and armed conflict (A/68/878–S/2014/339). According to this report, the deployment of Chadian troops to the African-led International Support Mission in Mali (AFISMA) has prompted renewed momentum to accelerate the implementation of the action plan signed in June 2011 to end and prevent underage recruitment in the Chadian National Army, and the Chadian authorities have renewed their commitment to engage constructively with the United Nations to expedite the implementation of the action plan. The Government of Chad, in cooperation with the United Nations and other partners, has therefore taken significant steps to fulfil its obligations. For example, a presidential directive was adopted in October 2013 to confirm 18 years as the minimum age for recruitment into the armed and security forces. This directive also establishes age verification procedures and provides for penal and disciplinary sanctions to be taken against those violating the orders. The directive was disseminated among the commanders of all defence and security zones, including in the context of several training and verification missions. Furthermore, on 4 February 2014, a presidential decree explicitly criminalized the recruitment and use of children in armed conflict.

The Secretary-General states, however, that while the efforts made by the Government to meet all obligations under the action plan have resulted in significant progress, a number of challenges remain to ensure sustainability and the effective prevention of violations against children. Chad should pursue comprehensive and thorough screening and training of its armed and security forces to continue to prevent the presence of children, including in the light of Chad’s growing involvement in peacekeeping operations. While no new cases of recruitment of children were documented by the United Nations in 2013 and no children were found during the joint screening exercises carried out with the Chadian authorities, interviews confirmed that soldiers had been integrated in the past into the Chadian National Army from armed groups while still under the age of 18. According to the Secretary-General, the strengthening of operating procedures, such as those for age verification, which ensure the accountability of perpetrators, should remain a priority for the Chadian authorities. Finally, the Secretary-General invited the National Assembly to proceed as soon as possible with the examination and adoption of the Child Protection Code, which should provide greater protection for the children of Chad. The Committee therefore 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 to undertake immediately the full demobilization of all children. The Committee urges the Government to take immediate measures to ensure that the 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. Finally, the Committee urges the Government to take the necessary measures to ensure the adoption of the Child Protection Code as soon as possible.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. 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 on children and armed conflict of 15 May 2013 (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, were 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. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

The Committee notes that, according to the Secretary-General’s report of 15 May 2014, a central child protection unit has been established in the Ministry of Defence, as well as in each of the eight defence and security zones, to coordinate the monitoring and protection of children’s rights and to implement awareness-raising activities. Between August and October 2013, the Government and the United Nations jointly conducted screening and age verification of approximately 3,800 troops of the Chadian national army in all eight zones. The age verification standards had been previously developed during a workshop organized by the United Nations in July. In addition, between August and September 2013, a training-of-trainers programme on child protection was attended by 346 members of the Chadian National Army. As from July 2013, troops of the Chadian National Army deployed in Mali started to receive pre deployment training on child protection and international humanitarian law; in December of the same year, 864 troops attended child protection training at the Loumia training centre. The Committee encourages the Government to intensify its efforts and continue its collaboration with the United Nations in order to prevent the enrolment of children in armed groups and improve the situation of child victims of forced recruitment for use in armed conflict. In addition, the Committee requests the Government once again to supply information on measures taken 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 matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee noted that a bill issuing amendments to the Penal Code was in the process of being adopted. It also noted that Decree No. 55/PR/PM MTJS DTMOPS of 8 February 1969 concerning child labour had been revised to take account of the provisions of the present Convention. Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to take necessary measures to ensure that the bill issuing amendments to the Penal Code will be adopted in the near future, and requests it to supply information on all new developments in this respect. Furthermore, it reiterates its request to the Government to provide a copy of Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1969 as amended, in its next report.

Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously observed with concern that, although the problem of trafficking in children exists in practice in Chad, the Penal Code does not criminalize trafficking in persons.

The Committee notes that, according to the Government, the sale and trafficking of children is prohibited and the Public Prosecutor is undertaking actions to apprehend persons who kidnap children. The Government states however that it does not have any statistics on the violations, investigations, prosecutions and convictions in this area. The Committee urges the Government to indicate the provisions that effectively prohibit the sale and trafficking of persons and, more particularly, of children under 18 years of age. It requests the Government to take the necessary measures to ensure that information on the application in practice of the relevant provisions which prohibit this worst form of child labour is available, including statistics on the number and nature of violations reported and investigations conducted, as well as on the prosecutions, convictions and penalties imposed.

2. Debt bondage, serfdom and forced or compulsory labour. In its previous comments, the Committee noted that, although forced labour, including debt bondage and slavery, is banned under the national legislation, particularly by Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (Labour Code), the practice of exploiting boys between 6 and 15 years of age to look after cattle (child herders) exists in Chad. This practice involves a contract for the hirer 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 Committee once again expressed its serious concern at the existence of this practice in Chad.

The Committee notes the Government’s assertion that it will spare no efforts to guarantee the protection of children against the practice of using children as herders. Recalling once again 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 reiterates its request to the Government to take the necessary urgent measures 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 once again to ensure that offenders are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons convicted for this practice. It requests the Government to supply information on this matter in its next report.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that although sections 279 to 280 of the Penal Code criminalize procuring, no provision appears to criminalize the client or, consequently, the use of a young person under 18 years of age for prostitution.

The Committee notes the Government’s indication that it will provide more detailed information on this matter as soon as the amendment of the Penal Code has been adopted. The Committee urges the Government to take the necessary measures to ensure that the Penal Code is amended urgently and that this amendment will contain provisions criminalizing any client who uses a young person under 18 years of age for prostitution. The Committee requests the Government to supply information on this matter in its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes the Government’s indication that, as part of the amendment of the Penal Code, measures will be taken to prohibit and criminalize the use, procuring or offering of a child under 18 years of age for illicit activities. The Committee urges the Government to take the necessary measures to ensure that the amendment of the Labour Code will be adopted as a matter of urgency, and that it will contain provisions 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. It once again asks the Government to provide information in this respect.

Clause (d). Hazardous work. Children working in the informal sector. In its previous comments, the Committee noted that Decree No. 55/PR/PM MTJS DTMOPS does not apply to young persons under 18 years of age who perform hazardous work in the informal sector, in which many children are engaged.

The Committee takes note of the Government’s indication, in its report, that work in the informal sector is not covered by any monitoring system. The Government nevertheless states that efforts are being undertaken to make a transition from the informal sector to the formal sector. Referring to its 2012 General Survey on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that, in some cases, the limited number of labour inspectors makes it difficult for inspectors to cover the informal economy as a whole. It therefore calls upon States parties to the Convention to strengthen the capacities of the labour inspectorate. The Committee urges the Government to reinforce its measures to adapt and strengthen the labour inspection services to ensure that children under 18 years of age are not engaged in hazardous work in the informal sector and that they benefit from the protection prescribed under the Convention.

Article 7(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 previously noted that Chad was making progress towards achieving the goal of education for all by 2015 but had little chance of achieving it. In addition, it was unlikely that the country would achieve gender parity by 2025. It nevertheless noted 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 the reform of the education system (2004–15).

The Committee notes that, according to the Government, there has been an increase in school attendance rates, at both the primary and secondary levels. The Government also notes that, as a result of many missions carried out in the country to make parents aware of the importance of girls attending school, there is also a decrease in the gender gap. Considering that education contributes towards preventing the engagement of children in the worst forms of labour, the Committee again urges the Government to continue its efforts to improve the functioning of the education system in the country and to provide detailed information on measures taken in this respect. It also requests the Government to supply specific and up-to-date information on school attendance rates and the school enrolment rates of girls and boys, at both the primary and secondary levels.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted with concern the high number of children living in the streets, predominantly children living in poverty, who are at heightened risk of sexual and economic exploitation. It also noted with concern the lack of specialized institutions or shelters for these children.

The Committee notes the Government’s statement that the situation of children living in the streets is indeed worrying and that it has undertaken actions to guarantee the rehabilitation and social integration of these children. The Committee notes with regret the Government’s statement that it does not have any information on the results achieved. In view of the large number of children living in the streets, the Committee urges the Government to provide information on the time-bound measures taken to protect street children from the worst forms of child labour, and to ensure the rehabilitation and social integration of children actually removed from the streets. It also requests the Government once again to provide information in its next report on the results achieved.

2. HIV/AIDS orphans. In its previous comments, the Committee noted with concern that, according to UNAIDS estimates for 2011, there were some 180,000 children orphaned as a result of HIV/AIDS in Chad.

The Committee notes that the Government does not provide any information on this subject in its report. It takes note, however, that UNAIDS estimates for 2013 indicate that there are now some 160,000 children orphaned as a result of HIV/AIDS, accounting for a slight decrease in numbers. The Committee again reminds the Government that HIV/AIDS has adverse consequences for orphans because they are at increased risk of becoming involved in the worst forms of child labour. The Committee therefore once again requests the Government to supply information in its next report on the specific and time-bound measures taken to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour and to ensure their rehabilitation and social integration. It asks the Government to provide information on the results achieved in its next report.

3. Child domestic workers. The Committee previously noted that, in practice, children were employed in exploitative domestic work. The Committee noted the Government’s indication that the sector was in the process of being regulated. Noting once again the lack of information on this matter in the Government’s report, the Committee urges the Government to provide information on the 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 also reiterates its request to the Government to provide a copy of the regulations governing domestic work, once they have been adopted.

4. Mouhadjirin (talibés) children. The Committee previously noted the Government’s indication that measures had been taken to raise parents’ awareness of, in particular, the phenomenon of mouhadjirin children. However, it felt bound to express its concern at the use of these children for purely economic reasons. The Committee recalled that although the issue of seeking alms as an educational tool fell outside the scope of the Committee’s mandate, it was clear that the use of children for begging for purely economic ends could not be accepted under the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 483). Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to supply specific information, in its next report, on the time-bound measures taken to prevent the engagement of mouhadjirin children 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 type of labour and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3(a) of the Convention. 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 on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 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. The 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. In this respect, the Committee noted the new roadmap of May 2013, 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 Committee observed that, in the context of the roadmap, one of the priorities was 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 was 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 persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

The Committee takes note of the information contained in the United Nations Secretary-General’s report of 15 May 2014 to the Security Council on children and armed conflict (A/68/878–S/2014/339). According to this report, the deployment of Chadian troops to the African-led International Support Mission in Mali (AFISMA) has prompted renewed momentum to accelerate the implementation of the action plan signed in June 2011 to end and prevent underage recruitment in the Chadian National Army, and the Chadian authorities have renewed their commitment to engage constructively with the United Nations to expedite the implementation of the action plan. The Government of Chad, in cooperation with the United Nations and other partners, has therefore taken significant steps to fulfil its obligations. For example, a presidential directive was adopted in October 2013 to confirm 18 years as the minimum age for recruitment into the armed and security forces. This directive also establishes age verification procedures and provides for penal and disciplinary sanctions to be taken against those violating the orders. The directive was disseminated among the commanders of all defence and security zones, including in the context of several training and verification missions. Furthermore, on 4 February 2014, a presidential decree explicitly criminalized the recruitment and use of children in armed conflict.

The Secretary-General states, however, that while the efforts made by the Government to meet all obligations under the action plan have resulted in significant progress, a number of challenges remain to ensure sustainability and the effective prevention of violations against children. Chad should pursue comprehensive and thorough screening and training of its armed and security forces to continue to prevent the presence of children, including in the light of Chad’s growing involvement in peacekeeping operations. While no new cases of recruitment of children were documented by the United Nations in 2013 and no children were found during the joint screening exercises carried out with the Chadian authorities, interviews confirmed that soldiers had been integrated in the past into the Chadian National Army from armed groups while still under the age of 18. According to the Secretary-General, the strengthening of operating procedures, such as those for age verification, which ensure the accountability of perpetrators, should remain a priority for the Chadian authorities. Finally, the Secretary-General invited the National Assembly to proceed as soon as possible with the examination and adoption of the Child Protection Code, which should provide greater protection for the children of Chad. The Committee therefore 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 to undertake immediately the full demobilization of all children. The Committee urges the Government to take immediate measures to ensure that the 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. Finally, the Committee urges the Government to take the necessary measures to ensure the adoption of the Child Protection Code as soon as possible.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. 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 on children and armed conflict of 15 May 2013 (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, were 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. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

The Committee notes that, according to the Secretary-General’s report of 15 May 2014, a central child protection unit has been established in the Ministry of Defence, as well as in each of the eight defence and security zones, to coordinate the monitoring and protection of children’s rights and to implement awareness-raising activities. Between August and October 2013, the Government and the United Nations jointly conducted screening and age verification of approximately 3,800 troops of the Chadian national army in all eight zones. The age verification standards had been previously developed during a workshop organized by the United Nations in July. In addition, between August and September 2013, a training-of-trainers programme on child protection was attended by 346 members of the Chadian National Army. As from July 2013, troops of the Chadian National Army deployed in Mali started to receive pre deployment training on child protection and international humanitarian law; in December of the same year, 864 troops attended child protection training at the Loumia training centre. The Committee encourages the Government to intensify its efforts and continue its collaboration with the United Nations in order to prevent the enrolment of children in armed groups and improve the situation of child victims of forced recruitment for use in armed conflict. In addition, the Committee requests the Government once again to supply information on measures taken 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 matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee noted that a bill issuing amendments to the Penal Code was in the process of being adopted. It also noted that Decree No. 55/PR/PM MTJS DTMOPS of 8 February 1969 concerning child labour had been revised to take account of the provisions of the present Convention. Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to take necessary measures to ensure that the bill issuing amendments to the Penal Code will be adopted in the near future, and requests it to supply information on all new developments in this respect. Furthermore, it reiterates its request to the Government to provide a copy of Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1969 as amended, in its next report.

Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously observed with concern that, although the problem of trafficking in children exists in practice in Chad, the Penal Code does not criminalize trafficking in persons.

The Committee notes that, according to the Government, the sale and trafficking of children is prohibited and the Public Prosecutor is undertaking actions to apprehend persons who kidnap children. The Government states however that it does not have any statistics on the violations, investigations, prosecutions and convictions in this area. The Committee urges the Government to indicate the provisions that effectively prohibit the sale and trafficking of persons and, more particularly, of children under 18 years of age. It requests the Government to take the necessary measures to ensure that information on the application in practice of the relevant provisions which prohibit this worst form of child labour is available, including statistics on the number and nature of violations reported and investigations conducted, as well as on the prosecutions, convictions and penalties imposed.

2. Debt bondage, serfdom and forced or compulsory labour. In its previous comments, the Committee noted that, although forced labour, including debt bondage and slavery, is banned under the national legislation, particularly by Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (Labour Code), the practice of exploiting boys between 6 and 15 years of age to look after cattle (child herders) exists in Chad. This practice involves a contract for the hirer 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 Committee once again expressed its serious concern at the existence of this practice in Chad.

The Committee notes the Government’s assertion that it will spare no efforts to guarantee the protection of children against the practice of using children as herders. Recalling once again 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 reiterates its request to the Government to take the necessary urgent measures 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 once again to ensure that offenders are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons convicted for this practice. It requests the Government to supply information on this matter in its next report.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that although sections 279 to 280 of the Penal Code criminalize procuring, no provision appears to criminalize the client or, consequently, the use of a young person under 18 years of age for prostitution.

The Committee notes the Government’s indication that it will provide more detailed information on this matter as soon as the amendment of the Penal Code has been adopted. The Committee urges the Government to take the necessary measures to ensure that the Penal Code is amended urgently and that this amendment will contain provisions criminalizing any client who uses a young person under 18 years of age for prostitution. The Committee requests the Government to supply information on this matter in its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes the Government’s indication that, as part of the amendment of the Penal Code, measures will be taken to prohibit and criminalize the use, procuring or offering of a child under 18 years of age for illicit activities. The Committee urges the Government to take the necessary measures to ensure that the amendment of the Labour Code will be adopted as a matter of urgency, and that it will contain provisions 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. It once again asks the Government to provide information in this respect.

Clause (d). Hazardous work. Children working in the informal sector. In its previous comments, the Committee noted that Decree No. 55/PR/PM MTJS DTMOPS does not apply to young persons under 18 years of age who perform hazardous work in the informal sector, in which many children are engaged.

The Committee takes note of the Government’s indication, in its report, that work in the informal sector is not covered by any monitoring system. The Government nevertheless states that efforts are being undertaken to make a transition from the informal sector to the formal sector. Referring to its 2012 General Survey on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that, in some cases, the limited number of labour inspectors makes it difficult for inspectors to cover the informal economy as a whole. It therefore calls upon States parties to the Convention to strengthen the capacities of the labour inspectorate. The Committee urges the Government to reinforce its measures to adapt and strengthen the labour inspection services to ensure that children under 18 years of age are not engaged in hazardous work in the informal sector and that they benefit from the protection prescribed under the Convention.

Article 7(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 previously noted that Chad was making progress towards achieving the goal of education for all by 2015 but had little chance of achieving it. In addition, it was unlikely that the country would achieve gender parity by 2025. It nevertheless noted 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 the reform of the education system (2004–15).

The Committee notes that, according to the Government, there has been an increase in school attendance rates, at both the primary and secondary levels. The Government also notes that, as a result of many missions carried out in the country to make parents aware of the importance of girls attending school, there is also a decrease in the gender gap. Considering that education contributes towards preventing the engagement of children in the worst forms of labour, the Committee again urges the Government to continue its efforts to improve the functioning of the education system in the country and to provide detailed information on measures taken in this respect. It also requests the Government to supply specific and up-to-date information on school attendance rates and the school enrolment rates of girls and boys, at both the primary and secondary levels.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted with concern the high number of children living in the streets, predominantly children living in poverty, who are at heightened risk of sexual and economic exploitation. It also noted with concern the lack of specialized institutions or shelters for these children.

The Committee notes the Government’s statement that the situation of children living in the streets is indeed worrying and that it has undertaken actions to guarantee the rehabilitation and social integration of these children. The Committee notes with regret the Government’s statement that it does not have any information on the results achieved. In view of the large number of children living in the streets, the Committee urges the Government to provide information on the time-bound measures taken to protect street children from the worst forms of child labour, and to ensure the rehabilitation and social integration of children actually removed from the streets. It also requests the Government once again to provide information in its next report on the results achieved.

2. HIV/AIDS orphans. In its previous comments, the Committee noted with concern that, according to UNAIDS estimates for 2011, there were some 180,000 children orphaned as a result of HIV/AIDS in Chad.

The Committee notes that the Government does not provide any information on this subject in its report. It takes note, however, that UNAIDS estimates for 2013 indicate that there are now some 160,000 children orphaned as a result of HIV/AIDS, accounting for a slight decrease in numbers. The Committee again reminds the Government that HIV/AIDS has adverse consequences for orphans because they are at increased risk of becoming involved in the worst forms of child labour. The Committee therefore once again requests the Government to supply information in its next report on the specific and time-bound measures taken to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour and to ensure their rehabilitation and social integration. It asks the Government to provide information on the results achieved in its next report.

3. Child domestic workers. The Committee previously noted that, in practice, children were employed in exploitative domestic work. The Committee noted the Government’s indication that the sector was in the process of being regulated. Noting once again the lack of information on this matter in the Government’s report, the Committee urges the Government to provide information on the 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 also reiterates its request to the Government to provide a copy of the regulations governing domestic work, once they have been adopted.

4. Mouhadjirin (talibés) children. The Committee previously noted the Government’s indication that measures had been taken to raise parents’ awareness of, in particular, the phenomenon of mouhadjirin children. However, it felt bound to express its concern at the use of these children for purely economic reasons. The Committee recalled that although the issue of seeking alms as an educational tool fell outside the scope of the Committee’s mandate, it was clear that the use of children for begging for purely economic ends could not be accepted under the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 483). Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to supply specific information, in its next report, on the time-bound measures taken to prevent the engagement of mouhadjirin children 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 type of labour and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Article 3(a) of the Convention. 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 on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 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. The 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. In this respect, the Committee noted the new roadmap of May 2013, 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 Committee observed that, in the context of the roadmap, one of the priorities was 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 was 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 persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

The Committee takes note of the information contained in the United Nations Secretary-General’s report of 15 May 2014 to the Security Council on children and armed conflict (A/68/878–S/2014/339). According to this report, the deployment of Chadian troops to the African-led International Support Mission in Mali (AFISMA) has prompted renewed momentum to accelerate the implementation of the action plan signed in June 2011 to end and prevent underage recruitment in the Chadian National Army, and the Chadian authorities have renewed their commitment to engage constructively with the United Nations to expedite the implementation of the action plan. The Government of Chad, in cooperation with the United Nations and other partners, has therefore taken significant steps to fulfil its obligations. For example, a presidential directive was adopted in October 2013 to confirm 18 years as the minimum age for recruitment into the armed and security forces. This directive also establishes age verification procedures and provides for penal and disciplinary sanctions to be taken against those violating the orders. The directive was disseminated among the commanders of all defence and security zones, including in the context of several training and verification missions. Furthermore, on 4 February 2014, a presidential decree explicitly criminalized the recruitment and use of children in armed conflict.

The Secretary-General states, however, that while the efforts made by the Government to meet all obligations under the action plan have resulted in significant progress, a number of challenges remain to ensure sustainability and the effective prevention of violations against children. Chad should pursue comprehensive and thorough screening and training of its armed and security forces to continue to prevent the presence of children, including in the light of Chad’s growing involvement in peacekeeping operations. While no new cases of recruitment of children were documented by the United Nations in 2013 and no children were found during the joint screening exercises carried out with the Chadian authorities, interviews confirmed that soldiers had been integrated in the past into the Chadian National Army from armed groups while still under the age of 18. According to the Secretary-General, the strengthening of operating procedures, such as those for age verification, which ensure the accountability of perpetrators, should remain a priority for the Chadian authorities. Finally, the Secretary-General invited the National Assembly to proceed as soon as possible with the examination and adoption of the Child Protection Code, which should provide greater protection for the children of Chad. The Committee therefore 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 to undertake immediately the full demobilization of all children. The Committee urges the Government to take immediate measures to ensure that the 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. Finally, the Committee urges the Government to take the necessary measures to ensure the adoption of the Child Protection Code as soon as possible.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. 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 on children and armed conflict of 15 May 2013 (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, were 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. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

The Committee notes that, according to the Secretary-General’s report of 15 May 2014, a central child protection unit has been established in the Ministry of Defence, as well as in each of the eight defence and security zones, to coordinate the monitoring and protection of children’s rights and to implement awareness-raising activities. Between August and October 2013, the Government and the United Nations jointly conducted screening and age verification of approximately 3,800 troops of the Chadian national army in all eight zones. The age verification standards had been previously developed during a workshop organized by the United Nations in July. In addition, between August and September 2013, a training-of-trainers programme on child protection was attended by 346 members of the Chadian National Army. As from July 2013, troops of the Chadian National Army deployed in Mali started to receive pre deployment training on child protection and international humanitarian law; in December of the same year, 864 troops attended child protection training at the Loumia training centre. The Committee encourages the Government to intensify its efforts and continue its collaboration with the United Nations in order to prevent the enrolment of children in armed groups and improve the situation of child victims of forced recruitment for use in armed conflict. In addition, the Committee requests the Government once again to supply information on measures taken 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 matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee noted that a bill issuing amendments to the Penal Code was in the process of being adopted. It also noted that Decree No. 55/PR/PM MTJS DTMOPS of 8 February 1969 concerning child labour had been revised to take account of the provisions of the present Convention. Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to take necessary measures to ensure that the bill issuing amendments to the Penal Code will be adopted in the near future, and requests it to supply information on all new developments in this respect. Furthermore, it reiterates its request to the Government to provide a copy of Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1969 as amended, in its next report.

Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously observed with concern that, although the problem of trafficking in children exists in practice in Chad, the Penal Code does not criminalize trafficking in persons.

The Committee notes that, according to the Government, the sale and trafficking of children is prohibited and the Public Prosecutor is undertaking actions to apprehend persons who kidnap children. The Government states however that it does not have any statistics on the violations, investigations, prosecutions and convictions in this area. The Committee urges the Government to indicate the provisions that effectively prohibit the sale and trafficking of persons and, more particularly, of children under 18 years of age. It requests the Government to take the necessary measures to ensure that information on the application in practice of the relevant provisions which prohibit this worst form of child labour is available, including statistics on the number and nature of violations reported and investigations conducted, as well as on the prosecutions, convictions and penalties imposed.

2. Debt bondage, serfdom and forced or compulsory labour. In its previous comments, the Committee noted that, although forced labour, including debt bondage and slavery, is banned under the national legislation, particularly by Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (Labour Code), the practice of exploiting boys between 6 and 15 years of age to look after cattle (child herders) exists in Chad. This practice involves a contract for the hirer 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 Committee once again expressed its serious concern at the existence of this practice in Chad.

The Committee notes the Government’s assertion that it will spare no efforts to guarantee the protection of children against the practice of using children as herders. Recalling once again 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 reiterates its request to the Government to take the necessary urgent measures 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 once again to ensure that offenders are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons convicted for this practice. It requests the Government to supply information on this matter in its next report.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that although sections 279 to 280 of the Penal Code criminalize procuring, no provision appears to criminalize the client or, consequently, the use of a young person under 18 years of age for prostitution.

The Committee notes the Government’s indication that it will provide more detailed information on this matter as soon as the amendment of the Penal Code has been adopted. The Committee urges the Government to take the necessary measures to ensure that the Penal Code is amended urgently and that this amendment will contain provisions criminalizing any client who uses a young person under 18 years of age for prostitution. The Committee requests the Government to supply information on this matter in its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes the Government’s indication that, as part of the amendment of the Penal Code, measures will be taken to prohibit and criminalize the use, procuring or offering of a child under 18 years of age for illicit activities. The Committee urges the Government to take the necessary measures to ensure that the amendment of the Labour Code will be adopted as a matter of urgency, and that it will contain provisions 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. It once again asks the Government to provide information in this respect.

Clause (d). Hazardous work. Children working in the informal sector. In its previous comments, the Committee noted that Decree No. 55/PR/PM MTJS DTMOPS does not apply to young persons under 18 years of age who perform hazardous work in the informal sector, in which many children are engaged.

The Committee takes note of the Government’s indication, in its report, that work in the informal sector is not covered by any monitoring system. The Government nevertheless states that efforts are being undertaken to make a transition from the informal sector to the formal sector. Referring to its 2012 General Survey on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that, in some cases, the limited number of labour inspectors makes it difficult for inspectors to cover the informal economy as a whole. It therefore calls upon States parties to the Convention to strengthen the capacities of the labour inspectorate. The Committee urges the Government to reinforce its measures to adapt and strengthen the labour inspection services to ensure that children under 18 years of age are not engaged in hazardous work in the informal sector and that they benefit from the protection prescribed under the Convention.

Article 7(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 previously noted that Chad was making progress towards achieving the goal of education for all by 2015 but had little chance of achieving it. In addition, it was unlikely that the country would achieve gender parity by 2025. It nevertheless noted 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 the reform of the education system (2004–15).

The Committee notes that, according to the Government, there has been an increase in school attendance rates, at both the primary and secondary levels. The Government also notes that, as a result of many missions carried out in the country to make parents aware of the importance of girls attending school, there is also a decrease in the gender gap. Considering that education contributes towards preventing the engagement of children in the worst forms of labour, the Committee again urges the Government to continue its efforts to improve the functioning of the education system in the country and to provide detailed information on measures taken in this respect. It also requests the Government to supply specific and up-to-date information on school attendance rates and the school enrolment rates of girls and boys, at both the primary and secondary levels.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted with concern the high number of children living in the streets, predominantly children living in poverty, who are at heightened risk of sexual and economic exploitation. It also noted with concern the lack of specialized institutions or shelters for these children.

The Committee notes the Government’s statement that the situation of children living in the streets is indeed worrying and that it has undertaken actions to guarantee the rehabilitation and social integration of these children. The Committee notes with regret the Government’s statement that it does not have any information on the results achieved. In view of the large number of children living in the streets, the Committee urges the Government to provide information on the time-bound measures taken to protect street children from the worst forms of child labour, and to ensure the rehabilitation and social integration of children actually removed from the streets. It also requests the Government once again to provide information in its next report on the results achieved.

2. HIV/AIDS orphans. In its previous comments, the Committee noted with concern that, according to UNAIDS estimates for 2011, there were some 180,000 children orphaned as a result of HIV/AIDS in Chad.

The Committee notes that the Government does not provide any information on this subject in its report. It takes note, however, that UNAIDS estimates for 2013 indicate that there are now some 160,000 children orphaned as a result of HIV/AIDS, accounting for a slight decrease in numbers. The Committee again reminds the Government that HIV/AIDS has adverse consequences for orphans because they are at increased risk of becoming involved in the worst forms of child labour. The Committee therefore once again requests the Government to supply information in its next report on the specific and time-bound measures taken to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour and to ensure their rehabilitation and social integration. It asks the Government to provide information on the results achieved in its next report.

3. Child domestic workers. The Committee previously noted that, in practice, children were employed in exploitative domestic work. The Committee noted the Government’s indication that the sector was in the process of being regulated. Noting once again the lack of information on this matter in the Government’s report, the Committee urges the Government to provide information on the 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 also reiterates its request to the Government to provide a copy of the regulations governing domestic work, once they have been adopted.

4. Mouhadjirin (talibés) children. The Committee previously noted the Government’s indication that measures had been taken to raise parents’ awareness of, in particular, the phenomenon of mouhadjirin children. However, it felt bound to express its concern at the use of these children for purely economic reasons. The Committee recalled that although the issue of seeking alms as an educational tool fell outside the scope of the Committee’s mandate, it was clear that the use of children for begging for purely economic ends could not be accepted under the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 483). Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to supply specific information, in its next report, on the time-bound measures taken to prevent the engagement of mouhadjirin children 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 type of labour and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2014.

Repetition

Article 3(a) of the Convention. 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 on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 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. The 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. In this respect, the Committee noted the new roadmap of May 2013, 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 Committee observed that, in the context of the roadmap, one of the priorities was 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 was 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 persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

The Committee takes note of the information contained in the United Nations Secretary-General’s report of 15 May 2014 to the Security Council on children and armed conflict (A/68/878–S/2014/339). According to this report, the deployment of Chadian troops to the African-led International Support Mission in Mali (AFISMA) has prompted renewed momentum to accelerate the implementation of the action plan signed in June 2011 to end and prevent underage recruitment in the Chadian National Army, and the Chadian authorities have renewed their commitment to engage constructively with the United Nations to expedite the implementation of the action plan. The Government of Chad, in cooperation with the United Nations and other partners, has therefore taken significant steps to fulfil its obligations. For example, a presidential directive was adopted in October 2013 to confirm 18 years as the minimum age for recruitment into the armed and security forces. This directive also establishes age verification procedures and provides for penal and disciplinary sanctions to be taken against those violating the orders. The directive was disseminated among the commanders of all defence and security zones, including in the context of several training and verification missions. Furthermore, on 4 February 2014, a presidential decree explicitly criminalized the recruitment and use of children in armed conflict.

The Secretary-General states, however, that while the efforts made by the Government to meet all obligations under the action plan have resulted in significant progress, a number of challenges remain to ensure sustainability and the effective prevention of violations against children. Chad should pursue comprehensive and thorough screening and training of its armed and security forces to continue to prevent the presence of children, including in the light of Chad’s growing involvement in peacekeeping operations. While no new cases of recruitment of children were documented by the United Nations in 2013 and no children were found during the joint screening exercises carried out with the Chadian authorities, interviews confirmed that soldiers had been integrated in the past into the Chadian National Army from armed groups while still under the age of 18. According to the Secretary-General, the strengthening of operating procedures, such as those for age verification, which ensure the accountability of perpetrators, should remain a priority for the Chadian authorities. Finally, the Secretary-General invited the National Assembly to proceed as soon as possible with the examination and adoption of the Child Protection Code, which should provide greater protection for the children of Chad. The Committee therefore 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 to undertake immediately the full demobilization of all children. The Committee urges the Government to take immediate measures to ensure that the 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. Finally, the Committee urges the Government to take the necessary measures to ensure the adoption of the Child Protection Code as soon as possible.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. 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 on children and armed conflict of 15 May 2013 (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, were 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. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

The Committee notes that, according to the Secretary-General’s report of 15 May 2014, a central child protection unit has been established in the Ministry of Defence, as well as in each of the eight defence and security zones, to coordinate the monitoring and protection of children’s rights and to implement awareness-raising activities. Between August and October 2013, the Government and the United Nations jointly conducted screening and age verification of approximately 3,800 troops of the Chadian national army in all eight zones. The age verification standards had been previously developed during a workshop organized by the United Nations in July. In addition, between August and September 2013, a training-of-trainers programme on child protection was attended by 346 members of the Chadian National Army. As from July 2013, troops of the Chadian National Army deployed in Mali started to receive pre deployment training on child protection and international humanitarian law; in December of the same year, 864 troops attended child protection training at the Loumia training centre. The Committee encourages the Government to intensify its efforts and continue its collaboration with the United Nations in order to prevent the enrolment of children in armed groups and improve the situation of child victims of forced recruitment for use in armed conflict. In addition, the Committee requests the Government once again to supply information on measures taken 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 matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee noted that a bill issuing amendments to the Penal Code was in the process of being adopted. It also noted that Decree No. 55/PR/PM MTJS DTMOPS of 8 February 1969 concerning child labour had been revised to take account of the provisions of the present Convention. Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to take necessary measures to ensure that the bill issuing amendments to the Penal Code will be adopted in the near future, and requests it to supply information on all new developments in this respect. Furthermore, it reiterates its request to the Government to provide a copy of Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1969 as amended, in its next report.

Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously observed with concern that, although the problem of trafficking in children exists in practice in Chad, the Penal Code does not criminalize trafficking in persons.

The Committee notes that, according to the Government, the sale and trafficking of children is prohibited and the Public Prosecutor is undertaking actions to apprehend persons who kidnap children. The Government states however that it does not have any statistics on the violations, investigations, prosecutions and convictions in this area. The Committee urges the Government to indicate the provisions that effectively prohibit the sale and trafficking of persons and, more particularly, of children under 18 years of age. It requests the Government to take the necessary measures to ensure that information on the application in practice of the relevant provisions which prohibit this worst form of child labour is available, including statistics on the number and nature of violations reported and investigations conducted, as well as on the prosecutions, convictions and penalties imposed.

2. Debt bondage, serfdom and forced or compulsory labour. In its previous comments, the Committee noted that, although forced labour, including debt bondage and slavery, is banned under the national legislation, particularly by Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (Labour Code), the practice of exploiting boys between 6 and 15 years of age to look after cattle (child herders) exists in Chad. This practice involves a contract for the hirer 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 Committee once again expressed its serious concern at the existence of this practice in Chad.

The Committee notes the Government’s assertion that it will spare no efforts to guarantee the protection of children against the practice of using children as herders. Recalling once again 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 reiterates its request to the Government to take the necessary urgent measures 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 once again to ensure that offenders are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons convicted for this practice. It requests the Government to supply information on this matter in its next report.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that although sections 279 to 280 of the Penal Code criminalize procuring, no provision appears to criminalize the client or, consequently, the use of a young person under 18 years of age for prostitution.

The Committee notes the Government’s indication that it will provide more detailed information on this matter as soon as the amendment of the Penal Code has been adopted. The Committee urges the Government to take the necessary measures to ensure that the Penal Code is amended urgently and that this amendment will contain provisions criminalizing any client who uses a young person under 18 years of age for prostitution. The Committee requests the Government to supply information on this matter in its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes the Government’s indication that, as part of the amendment of the Penal Code, measures will be taken to prohibit and criminalize the use, procuring or offering of a child under 18 years of age for illicit activities. The Committee urges the Government to take the necessary measures to ensure that the amendment of the Labour Code will be adopted as a matter of urgency, and that it will contain provisions 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. It once again asks the Government to provide information in this respect.

Clause (d). Hazardous work. Children working in the informal sector. In its previous comments, the Committee noted that Decree No. 55/PR/PM MTJS DTMOPS does not apply to young persons under 18 years of age who perform hazardous work in the informal sector, in which many children are engaged.

The Committee takes note of the Government’s indication, in its report, that work in the informal sector is not covered by any monitoring system. The Government nevertheless states that efforts are being undertaken to make a transition from the informal sector to the formal sector. Referring to its 2012 General Survey on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that, in some cases, the limited number of labour inspectors makes it difficult for inspectors to cover the informal economy as a whole. It therefore calls upon States parties to the Convention to strengthen the capacities of the labour inspectorate. The Committee urges the Government to reinforce its measures to adapt and strengthen the labour inspection services to ensure that children under 18 years of age are not engaged in hazardous work in the informal sector and that they benefit from the protection prescribed under the Convention.

Article 7(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 previously noted that Chad was making progress towards achieving the goal of education for all by 2015 but had little chance of achieving it. In addition, it was unlikely that the country would achieve gender parity by 2025. It nevertheless noted 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 the reform of the education system (2004–15).

The Committee notes that, according to the Government, there has been an increase in school attendance rates, at both the primary and secondary levels. The Government also notes that, as a result of many missions carried out in the country to make parents aware of the importance of girls attending school, there is also a decrease in the gender gap. Considering that education contributes towards preventing the engagement of children in the worst forms of labour, the Committee again urges the Government to continue its efforts to improve the functioning of the education system in the country and to provide detailed information on measures taken in this respect. It also requests the Government to supply specific and up-to-date information on school attendance rates and the school enrolment rates of girls and boys, at both the primary and secondary levels.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted with concern the high number of children living in the streets, predominantly children living in poverty, who are at heightened risk of sexual and economic exploitation. It also noted with concern the lack of specialized institutions or shelters for these children.

The Committee notes the Government’s statement that the situation of children living in the streets is indeed worrying and that it has undertaken actions to guarantee the rehabilitation and social integration of these children. The Committee notes with regret the Government’s statement that it does not have any information on the results achieved. In view of the large number of children living in the streets, the Committee urges the Government to provide information on the time-bound measures taken to protect street children from the worst forms of child labour, and to ensure the rehabilitation and social integration of children actually removed from the streets. It also requests the Government once again to provide information in its next report on the results achieved.

2. HIV/AIDS orphans. In its previous comments, the Committee noted with concern that, according to UNAIDS estimates for 2011, there were some 180,000 children orphaned as a result of HIV/AIDS in Chad.

The Committee notes that the Government does not provide any information on this subject in its report. It takes note, however, that UNAIDS estimates for 2013 indicate that there are now some 160,000 children orphaned as a result of HIV/AIDS, accounting for a slight decrease in numbers. The Committee again reminds the Government that HIV/AIDS has adverse consequences for orphans because they are at increased risk of becoming involved in the worst forms of child labour. The Committee therefore once again requests the Government to supply information in its next report on the specific and time-bound measures taken to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour and to ensure their rehabilitation and social integration. It asks the Government to provide information on the results achieved in its next report.

3. Child domestic workers. The Committee previously noted that, in practice, children were employed in exploitative domestic work. The Committee noted the Government’s indication that the sector was in the process of being regulated. Noting once again the lack of information on this matter in the Government’s report, the Committee urges the Government to provide information on the 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 also reiterates its request to the Government to provide a copy of the regulations governing domestic work, once they have been adopted.

4. Mouhadjirin (talibés) children. The Committee previously noted the Government’s indication that measures had been taken to raise parents’ awareness of, in particular, the phenomenon of mouhadjirin children. However, it felt bound to express its concern at the use of these children for purely economic reasons. The Committee recalled that although the issue of seeking alms as an educational tool fell outside the scope of the Committee’s mandate, it was clear that the use of children for begging for purely economic ends could not be accepted under the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 483). Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to supply specific information, in its next report, on the time-bound measures taken to prevent the engagement of mouhadjirin children 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 type of labour and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2014.

Repetition

Article 3(a) of the Convention. 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 on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 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. The 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. In this respect, the Committee noted the new roadmap of May 2013, 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 Committee observed that, in the context of the roadmap, one of the priorities was 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 was 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 persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

The Committee takes note of the information contained in the United Nations Secretary-General’s report of 15 May 2014 to the Security Council on children and armed conflict (A/68/878–S/2014/339). According to this report, the deployment of Chadian troops to the African-led International Support Mission in Mali (AFISMA) has prompted renewed momentum to accelerate the implementation of the action plan signed in June 2011 to end and prevent underage recruitment in the Chadian National Army, and the Chadian authorities have renewed their commitment to engage constructively with the United Nations to expedite the implementation of the action plan. The Government of Chad, in cooperation with the United Nations and other partners, has therefore taken significant steps to fulfil its obligations. For example, a presidential directive was adopted in October 2013 to confirm 18 years as the minimum age for recruitment into the armed and security forces. This directive also establishes age verification procedures and provides for penal and disciplinary sanctions to be taken against those violating the orders. The directive was disseminated among the commanders of all defence and security zones, including in the context of several training and verification missions. Furthermore, on 4 February 2014, a presidential decree explicitly criminalized the recruitment and use of children in armed conflict.

The Secretary-General states, however, that while the efforts made by the Government to meet all obligations under the action plan have resulted in significant progress, a number of challenges remain to ensure sustainability and the effective prevention of violations against children. Chad should pursue comprehensive and thorough screening and training of its armed and security forces to continue to prevent the presence of children, including in the light of Chad’s growing involvement in peacekeeping operations. While no new cases of recruitment of children were documented by the United Nations in 2013 and no children were found during the joint screening exercises carried out with the Chadian authorities, interviews confirmed that soldiers had been integrated in the past into the Chadian National Army from armed groups while still under the age of 18. According to the Secretary-General, the strengthening of operating procedures, such as those for age verification, which ensure the accountability of perpetrators, should remain a priority for the Chadian authorities. Finally, the Secretary-General invited the National Assembly to proceed as soon as possible with the examination and adoption of the Child Protection Code, which should provide greater protection for the children of Chad. The Committee therefore 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 to undertake immediately the full demobilization of all children. The Committee urges the Government to take immediate measures to ensure that the 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. Finally, the Committee urges the Government to take the necessary measures to ensure the adoption of the Child Protection Code as soon as possible.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. 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 on children and armed conflict of 15 May 2013 (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, were 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. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

The Committee notes that, according to the Secretary-General’s report of 15 May 2014, a central child protection unit has been established in the Ministry of Defence, as well as in each of the eight defence and security zones, to coordinate the monitoring and protection of children’s rights and to implement awareness-raising activities. Between August and October 2013, the Government and the United Nations jointly conducted screening and age verification of approximately 3,800 troops of the Chadian national army in all eight zones. The age verification standards had been previously developed during a workshop organized by the United Nations in July. In addition, between August and September 2013, a training-of-trainers programme on child protection was attended by 346 members of the Chadian National Army. As from July 2013, troops of the Chadian National Army deployed in Mali started to receive pre deployment training on child protection and international humanitarian law; in December of the same year, 864 troops attended child protection training at the Loumia training centre. The Committee encourages the Government to intensify its efforts and continue its collaboration with the United Nations in order to prevent the enrolment of children in armed groups and improve the situation of child victims of forced recruitment for use in armed conflict. In addition, the Committee requests the Government once again to supply information on measures taken 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 matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee noted that a bill issuing amendments to the Penal Code was in the process of being adopted. It also noted that Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1969 concerning child labour had been revised to take account of the provisions of the present Convention. Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to take necessary measures to ensure that the bill issuing amendments to the Penal Code will be adopted in the near future, and requests it to supply information on all new developments in this respect. Furthermore, it reiterates its request to the Government to provide a copy of Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1969 as amended, in its next report.

Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously observed with concern that, although the problem of trafficking in children exists in practice in Chad, the Penal Code does not criminalize trafficking in persons.

The Committee notes that, according to the Government, the sale and trafficking of children is prohibited and the Public Prosecutor is undertaking actions to apprehend persons who kidnap children. The Government states however that it does not have any statistics on the violations, investigations, prosecutions and convictions in this area. The Committee urges the Government to indicate the provisions that effectively prohibit the sale and trafficking of persons and, more particularly, of children under 18 years of age. It requests the Government to take the necessary measures to ensure that information on the application in practice of the relevant provisions which prohibit this worst form of child labour is available, including statistics on the number and nature of violations reported and investigations conducted, as well as on the prosecutions, convictions and penalties imposed.

2. Debt bondage, serfdom and forced or compulsory labour. In its previous comments, the Committee noted that, although forced labour, including debt bondage and slavery, is banned under the national legislation, particularly by Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (Labour Code), the practice of exploiting boys between 6 and 15 years of age to look after cattle (child herders) exists in Chad. This practice involves a contract for the hirer 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 Committee once again expressed its serious concern at the existence of this practice in Chad.

The Committee notes the Government’s assertion that it will spare no efforts to guarantee the protection of children against the practice of using children as herders. Recalling once again 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 reiterates its request to the Government to take the necessary urgent measures 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 once again to ensure that offenders are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons convicted for this practice. It requests the Government to supply information on this matter in its next report.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that although sections 279 to 280 of the Penal Code criminalize procuring, no provision appears to criminalize the client or, consequently, the use of a young person under 18 years of age for prostitution.

The Committee notes the Government’s indication that it will provide more detailed information on this matter as soon as the amendment of the Penal Code has been adopted. The Committee urges the Government to take the necessary measures to ensure that the Penal Code is amended urgently and that this amendment will contain provisions criminalizing any client who uses a young person under 18 years of age for prostitution. The Committee requests the Government to supply information on this matter in its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes the Government’s indication that, as part of the amendment of the Penal Code, measures will be taken to prohibit and criminalize the use, procuring or offering of a child under 18 years of age for illicit activities. The Committee urges the Government to take the necessary measures to ensure that the amendment of the Labour Code will be adopted as a matter of urgency, and that it will contain provisions 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. It once again asks the Government to provide information in this respect.

Clause (d). Hazardous work. Children working in the informal sector. In its previous comments, the Committee noted that Decree No. 55/PR/PM-MTJS-DTMOPS does not apply to young persons under 18 years of age who perform hazardous work in the informal sector, in which many children are engaged.

The Committee takes note of the Government’s indication, in its report, that work in the informal sector is not covered by any monitoring system. The Government nevertheless states that efforts are being undertaken to make a transition from the informal sector to the formal sector. Referring to its 2012 General Survey on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that, in some cases, the limited number of labour inspectors makes it difficult for inspectors to cover the informal economy as a whole. It therefore calls upon States parties to the Convention to strengthen the capacities of the labour inspectorate. The Committee urges the Government to reinforce its measures to adapt and strengthen the labour inspection services to ensure that children under 18 years of age are not engaged in hazardous work in the informal sector and that they benefit from the protection prescribed under the Convention.

Article 7(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 previously noted that Chad was making progress towards achieving the goal of education for all by 2015 but had little chance of achieving it. In addition, it was unlikely that the country would achieve gender parity by 2025. It nevertheless noted 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 the reform of the education system (2004–15).

The Committee notes that, according to the Government, there has been an increase in school attendance rates, at both the primary and secondary levels. The Government also notes that, as a result of many missions carried out in the country to make parents aware of the importance of girls attending school, there is also a decrease in the gender gap. Considering that education contributes towards preventing the engagement of children in the worst forms of labour, the Committee again urges the Government to continue its efforts to improve the functioning of the education system in the country and to provide detailed information on measures taken in this respect. It also requests the Government to supply specific and up-to-date information on school attendance rates and the school enrolment rates of girls and boys, at both the primary and secondary levels.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted with concern the high number of children living in the streets, predominantly children living in poverty, who are at heightened risk of sexual and economic exploitation. It also noted with concern the lack of specialized institutions or shelters for these children.

The Committee notes the Government’s statement that the situation of children living in the streets is indeed worrying and that it has undertaken actions to guarantee the rehabilitation and social integration of these children. The Committee notes with regret the Government’s statement that it does not have any information on the results achieved. In view of the large number of children living in the streets, the Committee urges the Government to provide information on the time-bound measures taken to protect street children from the worst forms of child labour, and to ensure the rehabilitation and social integration of children actually removed from the streets. It also requests the Government once again to provide information in its next report on the results achieved.

2. HIV/AIDS orphans. In its previous comments, the Committee noted with concern that, according to UNAIDS estimates for 2011, there were some 180,000 children orphaned as a result of HIV/AIDS in Chad.

The Committee notes that the Government does not provide any information on this subject in its report. It takes note, however, that UNAIDS estimates for 2013 indicate that there are now some 160,000 children orphaned as a result of HIV/AIDS, accounting for a slight decrease in numbers. The Committee again reminds the Government that HIV/AIDS has adverse consequences for orphans because they are at increased risk of becoming involved in the worst forms of child labour. The Committee therefore once again requests the Government to supply information in its next report on the specific and time-bound measures taken to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour and to ensure their rehabilitation and social integration. It asks the Government to provide information on the results achieved in its next report.

3. Child domestic workers. The Committee previously noted that, in practice, children were employed in exploitative domestic work. The Committee noted the Government’s indication that the sector was in the process of being regulated. Noting once again the lack of information on this matter in the Government’s report, the Committee urges the Government to provide information on the 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 also reiterates its request to the Government to provide a copy of the regulations governing domestic work, once they have been adopted.

4. Mouhadjirin (talibés) children. The Committee previously noted the Government’s indication that measures had been taken to raise parents’ awareness of, in particular, the phenomenon of mouhadjirin children. However, it felt bound to express its concern at the use of these children for purely economic reasons. The Committee recalled that although the issue of seeking alms as an educational tool fell outside the scope of the Committee’s mandate, it was clear that the use of children for begging for purely economic ends could not be accepted under the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 483). Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to supply specific information, in its next report, on the time-bound measures taken to prevent the engagement of mouhadjirin children 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 type of labour and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

CMNT_TITLE

Article 3(a) of the Convention. 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 on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 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. The 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. In this respect, the Committee noted the new roadmap of May 2013, 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 Committee observed that, in the context of the roadmap, one of the priorities was 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 was 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 persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

The Committee takes note of the information contained in the United Nations Secretary-General’s report of 15 May 2014 to the Security Council on children and armed conflict (A/68/878–S/2014/339). According to this report, the deployment of Chadian troops to the African-led International Support Mission in Mali (AFISMA) has prompted renewed momentum to accelerate the implementation of the action plan signed in June 2011 to end and prevent underage recruitment in the Chadian National Army, and the Chadian authorities have renewed their commitment to engage constructively with the United Nations to expedite the implementation of the action plan. The Government of Chad, in cooperation with the United Nations and other partners, has therefore taken significant steps to fulfil its obligations. For example, a presidential directive was adopted in October 2013 to confirm 18 years as the minimum age for recruitment into the armed and security forces. This directive also establishes age verification procedures and provides for penal and disciplinary sanctions to be taken against those violating the orders. The directive was disseminated among the commanders of all defence and security zones, including in the context of several training and verification missions. Furthermore, on 4 February 2014, a presidential decree explicitly criminalized the recruitment and use of children in armed conflict.

The Secretary-General states, however, that while the efforts made by the Government to meet all obligations under the action plan have resulted in significant progress, a number of challenges remain to ensure sustainability and the effective prevention of violations against children. Chad should pursue comprehensive and thorough screening and training of its armed and security forces to continue to prevent the presence of children, including in the light of Chad’s growing involvement in peacekeeping operations. While no new cases of recruitment of children were documented by the United Nations in 2013 and no children were found during the joint screening exercises carried out with the Chadian authorities, interviews confirmed that soldiers had been integrated in the past into the Chadian National Army from armed groups while still under the age of 18. According to the Secretary-General, the strengthening of operating procedures, such as those for age verification, which ensure the accountability of perpetrators, should remain a priority for the Chadian authorities. Finally, the Secretary-General invited the National Assembly to proceed as soon as possible with the examination and adoption of the Child Protection Code, which should provide greater protection for the children of Chad. The Committee therefore 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 to undertake immediately the full demobilization of all children. The Committee urges the Government to take immediate measures to ensure that the 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. Finally, the Committee urges the Government to take the necessary measures to ensure the adoption of the Child Protection Code as soon as possible.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. 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 on children and armed conflict of 15 May 2013 (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, were 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. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

The Committee notes that, according to the Secretary-General’s report of 15 May 2014, a central child protection unit has been established in the Ministry of Defence, as well as in each of the eight defence and security zones, to coordinate the monitoring and protection of children’s rights and to implement awareness-raising activities. Between August and October 2013, the Government and the United Nations jointly conducted screening and age verification of approximately 3,800 troops of the Chadian national army in all eight zones. The age verification standards had been previously developed during a workshop organized by the United Nations in July. In addition, between August and September 2013, a training-of-trainers programme on child protection was attended by 346 members of the Chadian National Army. As from July 2013, troops of the Chadian National Army deployed in Mali started to receive pre deployment training on child protection and international humanitarian law; in December of the same year, 864 troops attended child protection training at the Loumia training centre. The Committee encourages the Government to intensify its efforts and continue its collaboration with the United Nations in order to prevent the enrolment of children in armed groups and improve the situation of child victims of forced recruitment for use in armed conflict. In addition, the Committee requests the Government once again to supply information on measures taken 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 matters in a request addressed directly to the Government.

CMNT_TITLE

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 noted the Government’s indication that the draft amendments to the Penal Code were in the process of being adopted. The Committee further noted that, according to the Government’s second periodic report to the Committee on the Rights of the Child (CRC) in June 2007 (CRC/C/TCD/2, paragraph 274), Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1969 concerning child labour had been revised to take account of the provisions of the present Convention. Noting the lack of information on this matter in the Government’s report, the Committee requests the Government to take immediate measures to ensure that the draft amendments to the Penal Code are adopted in the near future, and again requests the Government to supply information on all developments in this respect. It also once again requests the Government to supply a copy of Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1969, as amended.

Clause (a). 1. All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that the CRC, in its concluding observations on the second periodic report of Chad in February 2009 (CRC/C/TCD/CO2, paragraphs 79–80), expressed concern over reports that children had been kidnapped and trafficked abroad. It also expressed concern over the fact that the perpetrators of trafficking of children were not brought to justice. The Committee observed that the problem of trafficking of children exists in practice.

The Committee notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 4 November 2011, expresses concern at the fact that trafficking in persons is not defined as an offence in the Penal Code. It is also concerned at reports about cases of children, particularly girls, who are sold by their parents to relatives or strangers, and also about cases of girls who are kidnapped and sent to N’Djamena or other regions (CEDAW/C/TCD/CO/1-4, paragraph 24). The Committee again 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 again requests the Government to take immediate and effective measures to ensure, in practice, the protection of young persons under 18 years of age against sale and trafficking. It requests the Government to take immediate measures to ensure that the sale and trafficking of young persons under 18 years of age is actually prohibited by the national legislation and, consequently, to supply information on the application of the relevant provisions which prohibit this worst form of child labour in practice, including 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, 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. However, the Committee noted that the Independent Expert on the situation of human rights in Chad, in her report of January 2005 (E/CN.4/2005/121, paragraphs 57 and 86), referred to the practice in Chad of exploiting boys between 6 and 15 years of age 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 Committee noted the Government’s statement, in its report to the CRC in June 2007 (CRC/C/TCD/2, paragraphs 294–295), that cases of children being abducted for this purpose had been reported. The Committee further noted that the CRC, in its concluding observations of February 2009 (CRC/C/TCD/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 again expresses serious concern at the continued existence of this practice in Chad. Noting the lack of information on this matter in the Government’s report, the Committee again observes that, although awareness-raising campaigns are very important, they are insufficient when not accompanied by other measures to eliminate such a practice. Recalling once again 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 again requests the Government to take the necessary measures, as a matter of urgency, 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 once again to ensure that offenders are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons convicted for this practice. It requests the Government to supply information on this matter in its next report.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that, although sections 279–280 of the Penal Code criminalize procuring, no provision appears to criminalize the client or, consequently, the use of a young person under 18 years of age for prostitution. Noting once again the lack of information in the Government’s report, the Committee urges the Government to take measures, as part of the amendment of the Penal Code, to criminalize any client who uses a young person under 18 years of age for prostitution. The Committee requests the Government to supply information on this matter in its next report.

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 the Ministry of Public Safety has a department for the combating of drug trafficking and prohibits the use of children in such activities. However, the Committee notes that the Government does not provide any information on the prohibition of this worst form of child labour in the national legislation. The Committee, therefore, again 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 again requests the Government to supply information in this respect. It also requests the Government to provide information on the department for the combating of drug trafficking and what action it takes to prohibit the use of young persons under 18 years of age for illicit activities.

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 once again the lack of information on this matter in the Government’s report, the Committee urges the Government to take measures to ensure that 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. It requests the Government to provide information on progress made in this regard in its next report.

Article 7(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 previously noted that, according to UNICEF statistics for 2006, the net attendance rate in primary education was 41 per cent for boys and 31 per cent for girls, and in secondary education it was 13 per cent for boys and 7 per cent for girls. The Committee further noted that, according to the 2008 Education for All Global Monitoring Report published by UNESCO, progress had been made in reducing the gender gap in education but there were still substantial disparities, to the disadvantage of girls. According to the UNESCO report, Chad was making progress but had little chance of achieving the goal of education for all by 2015. In addition, it was unlikely that the country would achieve gender parity by 2025. The Committee noted the Government’s indication in its report to the CRC in June 2007 (CRC/C/TCD/2, paragraph 225) that a girls’ education unit had been set up. It also noted that the CRC, 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 education 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.

The Committee notes the Government’s indication that steps continue to be taken to provide education for children, in particular girls. However, observing that the Government does not provide any information on the impact of these measures on the school enrolment rates and gender parity, the Committee again expresses serious concern at the low net school attendance rate, at both primary and secondary levels, and at the gender gap, to the disadvantage of girls. Considering that education contributes towards preventing the engagement of children in the worst forms of child labour, the Committee again urges the Government to intensify its efforts to improve the functioning of the education system in the country. It again urges the Government to supply information on the effective and time-bound measures taken to increase the school attendance rates, at both primary and secondary levels, and to reduce the gender gap in access to education, with particular emphasis on girls. The Committee urges 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 previously noted the Government’s indication in its report to the CRC in June 2007 (CRC/C/TCD/2, paragraph 53) that UNICEF and other development partners had supported the implementation of a project to combat the use of child herders.

While noting the Government’s indication in its report that action has been taken in conjunction with the clergy and civil society to raise parents’ awareness of degrading work, including the use of children as herders, the Committee observes that the Government does not provide any information on the project for combating the work of child herders or its impact. The Committee therefore urges the Government to provide information, in its next report, 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 type of labour and ensure their rehabilitation and social integration, and on the results achieved.

Clause (d). Children at special risk. 1. Street children. The Committee previously noted the Government’s reference, in its report to the CRC 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 streets (CRC/C/TCD/2, paragraphs 301 and 302). The Committee also noted that the CRC, 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 CRC also expressed concern at the lack of specialized institutions or shelters to address the needs of these children. The Committee reminded the Government that street children are particularly vulnerable to the worst forms of child labour.

The Committee notes the lack of information on this matter in the Government’s report. In view of the large number of children living in the streets, the Committee urges 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 also requests the Government to provide information in its next report on the results achieved.

2. HIV/AIDS orphans. Further to its previous comments, the Committee notes that, according to the report of 31 March 2012 on action to combat HIV/AIDS taken by Chad in 2010–11, the “National strategic framework for combating HIV/AIDS 2007–11”, which covered all aspects of the response to HIV/AIDS, particularly community-level prevention, care and treatment, coverage and support, was revamped and renewed for 2012–15. However, the Committee notes with concern that, according to UNAIDS estimates, there are some 180,000 children orphaned as a result of HIV/AIDS in Chad. The Committee again recalls that HIV/AIDS has adverse consequences for orphans because they are at increased risk of becoming involved in the worst forms of child labour. The Committee, therefore, again requests the Government to supply information in its next report on specific effective and time-bound measures taken, within the national strategic framework, to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour and to 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 employed in exploitative domestic work. The Committee noted the Government’s indication that the sector was in the process of being regulated. It also noted that children, particularly young girls, employed in domestic work were often the victims of exploitation, which assumed diverse forms, and that it was difficult to monitor their conditions of employment because of the “unseen” nature of this work. Noting the lack of information on this matter in the Government’s report, the Committee again 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 also repeats its request to the Government to provide a copy of the regulations governing domestic work, once they have been adopted.

4. Mouhadjirin (talibé) children. The Committee previously noted the Government’s statement in its report to the CRC in June 2007 (CRC/C/TCD/2, paragraph 79) 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 noted that the CRC, in its concluding observations on the periodic report of the Government of February 2009 (CRC/C/TCD/CO/2, paragraph 77), expressed concern at the problem of mouhadjirin children.

The Committee notes the Government’s indication that measures have been taken to raise parents’ awareness of, in particular, the phenomenon of mouhadjirin children. However, the Committee is bound to repeat its concern at the use of these children for purely economic purposes. The Committee recalls that, while the issue of seeking alms as an educational tool falls outside the scope of the Committee’s mandate, it is clear that the use of children for begging for purely economic ends cannot be accepted under the Convention (see 2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 483). The Committee again requests the Government to supply detailed information, in its next report, on the time-bound measures taken to prevent the engagement of mouhadjirin children 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 type of labour and ensure their rehabilitation and social integration, and to provide information on the results achieved.

CMNT_TITLE

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.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

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 noted the Government’s indication that the draft amendments to the Penal Code are in the process of being adopted. The Committee further noted 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. 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 stated 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 noted 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 79–80), 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 observed that, even though the national legislation prohibits the sale and trafficking of children, the problem exists in practice. The Committee reminded 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.

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 Committee noted 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 noted that the Government, in its report to the Committee on the Rights of the Child in June 2007 (CRC/C/TCD/2, paragraphs 294–295), indicated that cases of children being abducted for this purpose had been reported. The Committee further noted 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 expressed great concern at the existence of this practice in Chad. It observed 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). Use, procuring or offering of a child for prostitution. The Committee previously noted that, although sections 279–280 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.

Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted 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 noted 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 noted 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 noted 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(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 noted 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 noted 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 noted 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 noted 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 noted 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 noted 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 expressed serious 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 noted 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. Street children. The Committee noted 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 noted 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 reminded 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.

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 noted 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.

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 noted the Government’s indication that the sector is in the process of being regulated. It also noted 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 noted 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.

Mouhadjirin (talibés) children. The Committee noted 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 noted 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 expressed 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.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

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. With reference to its previous comments, the Committee noted that, under section 14 of Ordinance No. 01/PCE/CEDNACVG of 16 January 1991 reorganizing the armed forces of Chad [Ordinance No. 1 of 16 January 1991], the age of recruitment is 18 years for volunteers and 20 years for conscripts.

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 political, military and security situation in the country remains highly volatile, owing to the continuation of armed conflict between the Chad armed forces and armed rebel groups, the presence in eastern Chad of foreign rebel groups, cross-border raids by the Janjaweed militia and continuing inter-ethnic tensions. The Committee noted that, according to the Secretary-General’s report, the Government of Chad and the three main rebel groups, namely the Union des forces pour la démocratie et le développement (UFDD), the Rassemblement des forces pour le changement (RFC) and the Concorde nationale tchadienne (CNT), signed a peace agreement on 25 October 2007 which provided for an immediate ceasefire. However, despite the signature of this agreement, fighting has continued and all the parties concerned have continued to recruit and use children in the conflict.

The Committee noted that the Secretary-General’s report showed that the forced recruitment and use of child soldiers in the conflict in Chad is related to the regional dimension of the conflict. The Toroboro or Sudanese armed groups allied with the Government of Chad are recruiting children from two refugee camps, at Tréguine and Bredjing, during the rainy season. Furthermore, heavy recruitment also occurs on the basis of needs in Darfur. The Sudanese rebel movement Justice and Equality Movement (JEM) continues to recruit in and around refugee camps, notably Oure Cassoni (Bahai). 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 grave 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 noted that the situation in Chad has been unstable for many years and that it remains fragile. The Committee also noted that, despite the fact that Ordinance No. 1 of 16 January 1991 provides that the age of recruitment is 18 years for volunteers and 20 years for conscripts, the recruitment of children for use in armed conflict is continuing in practice. In this regard, it noted that no penalties are laid down for violations of this prohibition. The Committee expressed deep concern at the current situation, especially as the persistence of the worst forms of child labour leads to other violations of the rights of the child, such as abduction, death and sexual violence. It reminded 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, members 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 take the necessary measures as a matter of urgency to stop in practice the forced recruitment of children under 18 years of age by armed forces and groups and immediately undertake the full demobilization of all children. With reference to Security Council resolution 1612 of 26 July 2005, which recalls the “responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate steps to ensure that perpetrators are investigated and prosecuted and that penalties which are sufficiently effective and dissuasive 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.

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. Further to 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 UNICEF on 9 May 2007 to ensure the release and sustainable reintegration of all child soldiers associated with armed forces and groups in the country. According to the Secretary-General’s report, since the agreement was signed, 512 child soldiers have been released to UNICEF, which has provided support at five transit centres. So far 265 children have voluntarily returned to or been reunited with their families, and 220 have been placed in schools and 85 in professional activities. Most of the demobilized children were associated with non-governmental armed groups. Very few children associated with the Chadian armed forced have been released. According to the Secretary-General’s report, negotiations are under way for placing the demobilized children in vocational training institutions and providing them with gainful employment. Some NGOs which are partners of UNICEF are currently working on the reintegration programme. Moreover, the encouraging start of disarmament, demobilization and reintegration activities in Chad is likely to lead to the release of another estimated 2,500 children associated with armed forces and groups.

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 effective reintegration of children. The Committee on the Rights of the Child, 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 Committee on the Rights of the Child urges the Government to extend the disarmament, demobilization and reintegration programme, placing particular emphasis on the demobilization and reintegration of girls.

The Committee noted the measures taken by the Government to demobilize and reintegrate child soldiers, particularly through collaboration with UNICEF. It noted, however, that the current situation in the country remains a source of concern. The Committee therefore requests the Government to intensify its efforts and continue its collaboration with UNICEF and other organizations in order to improve the situation of child victims of forced recruitment for use in armed conflict. Moreover, the Committee requests the Government to take effective and time-bound measures to ensure that child soldiers removed from armed forces and groups receive adequate assistance for their rehabilitation and social integration, including reintegration into the school system or vocational training, wherever possible and appropriate. It requests the Government to supply information in this respect.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

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 noted the Government’s indication that the draft amendments to the Penal Code are in the process of being adopted. The Committee further noted 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. 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 stated 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 noted 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 observed that, even though the national legislation prohibits the sale and trafficking of children, the problem exists in practice. The Committee reminded 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.

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 Committee noted 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 noted 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 noted 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 expressed great concern at the existence of this practice in Chad. It observed 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). 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.

Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted 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 noted 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 noted 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 noted 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(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 noted 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 noted 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 noted 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 noted 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 noted 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 noted 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 expressed serious 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 noted 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. Street children. The Committee noted 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 noted 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 reminded 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.

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 noted 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.

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 noted the Government’s indication that the sector is in the process of being regulated. It also noted 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 noted 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.

Mouhadjirin (talibés) children. The Committee noted 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 noted 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 expressed 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.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

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. With reference to its previous comments, the Committee noted that, under section 14 of Ordinance No. 01/PCE/CEDNACVG of 16 January 1991 reorganizing the armed forces of Chad [Ordinance No. 1 of 16 January 1991], the age of recruitment is 18 years for volunteers and 20 years for conscripts.

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 political, military and security situation in the country remains highly volatile, owing to the continuation of armed conflict between the Chad armed forces and armed rebel groups, the presence in eastern Chad of foreign rebel groups, cross-border raids by the Janjaweed militia and continuing inter-ethnic tensions. The Committee noted that, according to the Secretary-General’s report, the Government of Chad and the three main rebel groups, namely the Union des forces pour la démocratie et le développement (UFDD), the Rassemblement des forces pour le changement (RFC) and the Concorde nationale tchadienne (CNT), signed a peace agreement on 25 October 2007 which provided for an immediate ceasefire. However, despite the signature of this agreement, fighting has continued and all the parties concerned have continued to recruit and use children in the conflict.

The Committee noted that the Secretary-General’s report showed that the forced recruitment and use of child soldiers in the conflict in Chad is related to the regional dimension of the conflict. The Toroboro or Sudanese armed groups allied with the Government of Chad are recruiting children from two refugee camps, at Tréguine and Bredjing, during the rainy season. Furthermore, heavy recruitment also occurs on the basis of needs in Darfur. The Sudanese rebel movement Justice and Equality Movement (JEM) continues to recruit in and around refugee camps, notably Oure Cassoni (Bahai). 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 grave 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 noted that the situation in Chad has been unstable for many years and that it remains fragile. The Committee also noted that, despite the fact that Ordinance No. 1 of 16 January 1991 provides that the age of recruitment is 18 years for volunteers and 20 years for conscripts, the recruitment of children for use in armed conflict is continuing in practice. In this regard, it noted that no penalties are laid down for violations of this prohibition. The Committee expressed deep concern at the current situation, especially as the persistence of the worst forms of child labour leads to other violations of the rights of the child, such as abduction, death and sexual violence. It reminded 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, members 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 take the necessary measures as a matter of urgency to stop in practice the forced recruitment of children under 18 years of age by armed forces and groups and immediately undertake the full demobilization of all children. With reference to Security Council resolution 1612 of 26 July 2005, which recalls the “responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate steps to ensure that perpetrators are investigated and prosecuted and that penalties which are sufficiently effective and dissuasive 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.

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. Further to 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 UNICEF on 9 May 2007 to ensure the release and sustainable reintegration of all child soldiers associated with armed forces and groups in the country. According to the Secretary-General’s report, since the agreement was signed, 512 child soldiers have been released to UNICEF, which has provided support at five transit centres. So far 265 children have voluntarily returned to or been reunited with their families, and 220 have been placed in schools and 85 in professional activities. Most of the demobilized children were associated with non-governmental armed groups. Very few children associated with the Chadian armed forced have been released. According to the Secretary-General’s report, negotiations are under way for placing the demobilized children in vocational training institutions and providing them with gainful employment. Some NGOs which are partners of UNICEF are currently working on the reintegration programme. Moreover, the encouraging start of disarmament, demobilization and reintegration activities in Chad is likely to lead to the release of another estimated 2,500 children associated with armed forces and groups.

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 effective reintegration of children. The Committee on the Rights of the Child, 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 Committee on the Rights of the Child urges the Government to extend the disarmament, demobilization and reintegration programme, placing particular emphasis on the demobilization and reintegration of girls.

The Committee noted the measures taken by the Government to demobilize and reintegrate child soldiers, particularly through collaboration with UNICEF. It noted, however, that the current situation in the country remains a source of concern. The Committee therefore requests the Government to intensify its efforts and continue its collaboration with UNICEF and other organizations in order to improve the situation of child victims of forced recruitment for use in armed conflict. Moreover, the Committee requests the Government to take effective and time-bound measures to ensure that child soldiers removed from armed forces and groups receive adequate assistance for their rehabilitation and social integration, including reintegration into the school system or vocational training, wherever possible and appropriate. It requests the Government to supply information in this respect.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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 noted the Government’s indication that the draft amendments to the Penal Code are in the process of being adopted. The Committee further noted 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 stated 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 noted 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 observed that, even though the national legislation prohibits the sale and trafficking of children, the problem exists in practice. The Committee reminded 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 Committee noted 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 noted 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 noted 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 expressed great concern at the existence of this practice in Chad. It observed 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 noted 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 noted 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 noted 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 noted 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(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 noted 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 noted 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 noted 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 noted 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 noted 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 noted 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 expressed serious 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 noted 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 noted 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 noted 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 reminded 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 noted 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 noted the Government’s indication that the sector is in the process of being regulated. It also noted 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 noted 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 noted 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 noted 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 expressed 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.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

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. With reference to its previous comments, the Committee noted that, under section 14 of Ordinance No. 01/PCE/CEDNACVG of 16 January 1991 reorganizing the armed forces of Chad [Ordinance No. 1 of 16 January 1991], the age of recruitment is 18 years for volunteers and 20 years for conscripts.

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 political, military and security situation in the country remains highly volatile, owing to the continuation of armed conflict between the Chad armed forces and armed rebel groups, the presence in eastern Chad of foreign rebel groups, cross-border raids by the Janjaweed militia and continuing inter-ethnic tensions. The Committee noted that, according to the Secretary-General’s report, the Government of Chad and the three main rebel groups, namely the Union des forces pour la démocratie et le développement (UFDD), the Rassemblement des forces pour le changement (RFC) and the Concorde nationale tchadienne (CNT), signed a peace agreement on 25 October 2007 which provided for an immediate ceasefire. However, despite the signature of this agreement, fighting has continued and all the parties concerned have continued to recruit and use children in the conflict.

The Committee noted that the Secretary-General’s Report showed that the forced recruitment and use of child soldiers in the conflict in Chad is related to the regional dimension of the conflict. The Toroboro or Sudanese armed groups allied with the Government of Chad are recruiting children from two refugee camps, at Tréguine and Bredjing, during the rainy season. Furthermore, heavy recruitment also occurs on the basis of needs in Darfur. The Sudanese rebel movement Justice and Equality Movement (JEM) continues to recruit in and around refugee camps, notably Oure Cassoni (Bahai). 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 grave 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 noted that the situation in Chad has been unstable for many years and that it remains fragile. The Committee also noted that, despite the fact that Ordinance No. 1 of 16 January 1991 provides that the age of recruitment is 18 years for volunteers and 20 years for conscripts, the recruitment of children for use in armed conflict is continuing in practice. In this regard, it noted that no penalties are laid down for violations of this prohibition. The Committee expressed deep concern at the current situation, especially as the persistence of the worst forms of child labour leads to other violations of the rights of the child, such as abduction, death and sexual violence. It reminded 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, members 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 take the necessary measures as a matter of urgency to stop in practice the forced recruitment of children under 18 years of age by armed forces and groups and immediately undertake the full demobilization of all children. With reference to Security Council resolution 1612 of 26 July 2005, which recalls the “responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate steps to ensure that perpetrators are investigated and prosecuted and that penalties which are sufficiently effective and dissuasive 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.

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. Further to 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 UNICEF on 9 May 2007 to ensure the release and sustainable reintegration of all child soldiers associated with armed forces and groups in the country. According to the Secretary-General’s report, since the agreement was signed, 512 child soldiers have been released to UNICEF, which has provided support at five transit centres. So far 265 children have voluntarily returned to or been reunited with their families, and 220 have been placed in schools and 85 in professional activities. Most of the demobilized children were associated with non-governmental armed groups. Very few children associated with the Chadian armed forced have been released. According to the Secretary-General’s report, negotiations are under way for placing the demobilized children in vocational training institutions and providing them with gainful employment. Some NGOs which are partners of UNICEF are currently working on the reintegration programme. Moreover, the encouraging start of disarmament, demobilization and reintegration activities in Chad is likely to lead to the release of another estimated 2,500 children associated with armed forces and groups.

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 effective reintegration of children. The Committee on the Rights of the Child, 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 Committee on the Rights of the Child urges the Government to extend the disarmament, demobilization and reintegration programme, placing particular emphasis on the demobilization and reintegration of girls.

The Committee noted the measures taken by the Government to demobilize and reintegrate child soldiers, particularly through collaboration with UNICEF. It noted, however, that the current situation in the country remains a source of concern. The Committee therefore requests the Government to intensify its efforts and continue its collaboration with UNICEF and other organizations in order to improve the situation of child victims of forced recruitment for use in armed conflict. Moreover, the Committee requests the Government to take effective and time-bound measures to ensure that child soldiers removed from armed forces and groups receive adequate assistance for their rehabilitation and social integration, including reintegration into the school system or vocational training, wherever possible and appropriate. It requests the Government to supply information in this respect.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

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.

CMNT_TITLE

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. With reference to its previous comments, the Committee notes that, under section 14 of Ordinance No. 01/PCE/CEDNACVG of 16 January 1991 reorganizing the armed forces of Chad [Ordinance No. 1 of 16 January 1991], the age of recruitment is 18 years for volunteers and 20 years for conscripts.

The Committee notes 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 political, military and security situation in the country remains highly volatile, owing to the continuation of armed conflict between the Chad armed forces and armed rebel groups, the presence in eastern Chad of foreign rebel groups, cross-border raids by the Janjaweed militia and continuing inter-ethnic tensions. The Committee notes that, according to the Secretary-General’s report, the Government of Chad and the three main rebel groups, namely the Union des forces pour la démocratie et le développement (UFDD), the Rassemblement des forces pour le changement (RFC) and the Concorde nationale tchadienne (CNT), signed a peace agreement on 25 October 2007 which provided for an immediate cease-fire. However, despite the signature of this agreement, fighting has continued and all the parties concerned have continued to recruit and use children in the conflict.

The Committee notes that the Secretary-General’s Report shows that the forced recruitment and use of child soldiers in the conflict in Chad is related to the regional dimension of the conflict. The Toroboro or Sudanese armed groups allied with the Government of Chad are recruiting children from two refugee camps, at Tréguine and Bredjing, during the rainy season. Furthermore, heavy recruitment also occurs on the basis of needs in Darfur. The Sudanese rebel movement Justice and Equality Movement (JEM) continues to recruit in and around refugee camps, notably Oure Cassoni (Bahai). 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 notes that the Working Group on Children and Armed Conflict, in its conclusions of December 2008 (S/AC.51/2008/15), expressed grave 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 the situation in Chad has been unstable for many years and that it remains fragile. The Committee also notes that, despite the fact that Ordinance No. 1 of 16 January 1991 provides that the age of recruitment is 18 years for volunteers and 20 years for conscripts, the recruitment of children for use in armed conflict is continuing in practice. In this regard, it notes that no penalties are laid down for violations of this prohibition. The Committee expresses deep concern at the current situation, especially as the persistence of the worst forms of child labour leads to other violations of the rights of the child, such as abduction, death and sexual violence. It 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, members 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 take the necessary measures as a matter of urgency to stop in practice the forced recruitment of children under 18 years of age by armed forces and groups and immediately undertake the full demobilization of all children. With reference to Security Council resolution 1612 of 26 July 2005, which recalls the “responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate steps to ensure that perpetrators are investigated and prosecuted and that penalties which are sufficiently effective and dissuasive 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.

Article 7, paragraph 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. Further to its previous comments, the Committee notes 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 UNICEF on 9 May 2007 to ensure the release and sustainable reintegration of all child soldiers associated with armed forces and groups in the country. According to the Secretary-General’s report, since the agreement was signed, 512 child soldiers have been released to UNICEF, which has provided support at five transit centres. So far 265 children have voluntarily returned to or been reunited with their families, and 220 have been placed in schools and 85 in professional activities. Most of the demobilized children were associated with non-governmental armed groups. Very few children associated with the Chadian armed forced have been released. According to the Secretary-General’s report, negotiations are under way for placing the demobilized children in vocational training institutions and providing them with gainful employment. Some NGOs which are partners of UNICEF are currently working on the reintegration programme. Moreover, the encouraging start of disarmament, demobilization and reintegration activities in Chad is likely to lead to the release of another estimated 2,500 children associated with armed forces and groups.

The Committee also notes 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 effective reintegration of children. The Committee on the Rights of the Child, 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 Committee on the Rights of the Child urges the Government to extend the disarmament, demobilization and reintegration programme, placing particular emphasis on the demobilization and reintegration of girls.

The Committee notes the measures taken by the Government to demobilize and reintegrate child soldiers, particularly through collaboration with UNICEF. It notes, however, that the current situation in the country remains a source of concern. The Committee therefore requests the Government to intensify its efforts and continue its collaboration with UNICEF and other organizations in order to improve the situation of child victims of forced recruitment for use in armed conflict. Moreover, the Committee requests the Government to take effective and time-bound measures to ensure that child soldiers removed from armed forces and groups receive adequate assistance for their rehabilitation and social integration, including reintegration into the school system or vocational training, wherever possible and appropriate. It requests the Government to supply information in this respect.

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

CMNT_TITLE

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.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain 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 Rapporteur 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; (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 six 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.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to 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 notes 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 notes 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 notes 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 adds 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. The sale and trafficking of children. The Committee notes 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 Rapporteur 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 reminds 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 notes 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 notes 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 notes 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 notes 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 reminds 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 expresses 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 notes 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 notes 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; (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 notes 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 notes 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 notes that the national legislation does not appear to contain provisions giving effect to this provision of the Convention. The Committee reminds 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 recalls 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 notes 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 notes 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 notes 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 notes 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 notes 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 refers 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 notes 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 notes that section 190 of the Labour Code establishes sanctions for violations of section 5 respecting forced labour. It also notes that sections 279 and 280 of the Penal Code establish sanctions for the crime of procuring. Furthermore, it notes 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 notes 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 notes 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 indicates 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 adds 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 notes 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 expresses 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 notes 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 notes 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 notes 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 notes 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 notes that these figures show a difference of nearly 13 per cent between the school attendance rates of girls and boys. The Committee notes 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 refers 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 notes 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 notes 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 notes 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 notes 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.

CMNT_TITLE

The Committee notes the Government’s first report.

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 notes 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 notes 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 notes 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 adds 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. The sale and trafficking of children. The Committee notes 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 Rapporteur 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 reminds 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 notes 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 notes 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 notes 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 notes 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 reminds 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 expresses 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 notes 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 notes 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; (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 notes 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 notes 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 notes that the national legislation does not appear to contain provisions giving effect to this provision of the Convention. The Committee reminds 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 recalls 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. Prohibition. The Committee notes 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 worker. The Committee notes 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 notes 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 notes 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 notes 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 refers 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 notes 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 notes that section 190 of the Labour Code establishes sanctions for violations of section 5 respecting forced labour. It also notes that sections 279 and 280 of the Penal Code establish sanctions for the crime of procuring. Furthermore, it notes 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 notes 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 notes 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 indicates 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 adds 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 notes 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 expresses 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 notes 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 notes 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 notes 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 notes 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 notes that these figures show a difference of nearly 13 per cent between the school attendance rates of girls and boys. The Committee notes 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 refers 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 notes 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 notes 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 notes 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 notes 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.