Forced Labour Convention, 1930 (No. 29) - Chad (Ratification: 1960)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Articles 1(1), 2(1), and 25 of the Convention. Trafficking in persons. The Committee previously noted the establishment of an inter-ministerial committee in 2013 with responsibility, among other matters, for proposing amendments to the national laws and regulations in force and coordinating all activities by ministerial departments involved in combating trafficking in persons. The Committee requested the Government to provide information on the measures taken to raise awareness about the phenomenon of trafficking and to strengthen its legislative framework. The Government indicates once again in its report that it is experiencing difficulties arising from a lack of training among legal professionals as well as financial and material difficulties to prevent, repress and punish trafficking in persons. The Committee notes that, according to information provided by the Government to the United Nations Human Rights Council in its report of 30 August 2018, Ordinance No. 006/PR/2018 on combating human trafficking in Chad was adopted on 30 March 2018 (A/HRC/WG.6/31/TCD/1, paragraph 11). The Committee also notes that, according to the May 2018 report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad, internally displaced and refugee women are victims of trafficking in persons (A/HRC/38/46/Add.2, paragraph 66).While noting the difficulties experienced by the Government, the Committee requests it to continue its efforts to prevent, repress and combat trafficking in persons. The Committee requests the Government to take measures to strengthen the capacity of the bodies responsible for enforcing the law in order to improve the identification and protection of victims of trafficking and ensure that all persons who commit acts of trafficking and related crimes are investigated and prosecuted. The Committee requests the Government to provide information in this regard and to communicate without delay a copy of Ordinance No. 006/PR/2018 on combating trafficking in persons in the Republic of Chad.

Articles 1(1) and 2(1). 1. Freedom of career members of the armed forces to leave their employment. The Committee previously noted that, under sections 104 and 105 of Ordinance No. 006 PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, in cases where a member of the armed forces “has received specialized training and has not reached the term of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, the request for resignation (provided for in section 103 of the above-mentioned Ordinance) will only be accepted “for exceptional reasons”. The Committee requested the Government to provide information on the manner in which career members of the armed services have the right to terminate their employment. The Committee also requested the Government to provide information on the period of engagement that is required after receiving specialized training and for entry into military school. The Committee notes that the Government has not provided any information on this matter in its report. The Committee recalls that career members of the armed forces, who signed up voluntarily, must be able to leave the service in times of peace, within a reasonable period, either at specified intervals, or with previous notice, or subject to proportional reimbursement over the remaining period of service of the cost of the training received.The Committee therefore requests the Government to send information without delay on the application in practice of the provisions of sections 104 and 105 of the Ordinance issuing the general conditions of service of military personnel, with an indication of the “exceptional reasons” for which a career member of the armed forces would be allowed to resign and the number of resignation requests accepted and denied, as well as the reasons for refusal, where applicable. Furthermore, the Committee requests the Government once again to indicate the period of engagement that is required for entry into the military school and the period required after receiving specialized training.

2. Suppression of vagrancy. The Committee notes that, under the provisions of section 184 of Act No. 2017-01 of 8 May 2017 issuing the Penal Code of 2017, the fact of not having a fixed abode or livelihood, of not being habitually engaged in a trade or profession, and of being found in a place that is public or open to the public is an offence punishable by a term of imprisonment. The Committee observes that the wording of section 184 of the Penal Code is general enough to allow it to be used as an indirect compulsion to work, penalizing the mere refusal to work. Such a definition, which is not limited to penalizing illicit activities or those likely to cause public disorder, runs counter to the provisions of the Convention.The Committee therefore requests the Government to provide information on the application in practice of section 184 of the Penal Code, as well as on any measures envisaged to expressly eliminate from legislation any compulsion to labour for vagrants.

Article 2(2)(c). Prison labour. The Committee previously noted the adoption in 2011 of a new Act on prisons and Ordinance No. 032/PR/2012 on the organization of prisons, and requested the Government to provide copies of these two texts. The Committee notes that, according to the Government’s 30 August 2018 report to the Human Rights Council, Act No. 019/PR/2017 establishing the prison system was adopted on 28 July 2017 (A/HRC/WG.6/31/TCD/1, paragraph 11).The Committee requests the Government to send without delay a copy of the legislation currently in force governing prison labour in Chad.

Article 25. Imposition of effective penal sanctions. The Committee previously recalled the importance of penalties of a penal and dissuasive nature in the case of the exaction of forced labour and expressed the hope that the Government would take the opportunity of the adoption of the new Penal Code to criminalize and establish penalties for forced labour.

The Committee notes that section 327 of Act No. 2017-01 of 8 May 2017 issuing the Penal Code provides for imprisonment of one to five years and/or a fine for any person who imposes upon others any work or service for which they did not voluntarily offer themselves. Section 331 stipulates that the penalty is doubled in the event of threats, recourse to violence or other forms of compulsion, abduction, fraud, deception, abuse of authority or advantage being taken of a situation of vulnerability or exploitation. Referring to paragraph 319 of its General Survey of 2012 on the fundamental Conventions, the Committee recalls that in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive, legislation providing for the possibility of a fine alone cannot be considered to be effective.The Committee requests the Government to provide information on the manner in which sections 327 and 331 of the Penal Code are applied in practice, providing specific information on penalties imposed on persons convicted under sections 327 and 331 of the Penal Code.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. In its previous comments, the Committee noted that, according to section 14 of Ordinance No. 001/PCE/CEDNACVG/91 of 1991 reorganizing the armed forces within the framework of compulsory military service, conscripts who are fit for service are classified into two categories, one of which remains at the disposal of the military authorities for two years and may be called upon to perform work in the general interest by order of the Government. The Committee recalled that, to be excluded from the scope of application of the Convention and not considered to be forced labour, any work or service exacted under compulsory military service laws must be of a purely military character. The Committee therefore requested the Government to take measures to amend the provisions of section 14 and noted the Government’s indication that those provisions would be brought into conformity with the Convention.

The Government once again indicates in its report that it will take the necessary measures to bring the provisions of section 14 of Ordinance No. 001/PCE/CEDNACVG/91 into conformity with the Convention. The Committee notes that section 14 of the Ordinance of 1991 reorganizing the armed forces was reproduced in section 32 of Act No. 012/PR/2006 of 10 March 2006 reorganizing the armed and security forces.

The Committee notes with regretthe continued absence of measures bringing the provisions of the legislation on compulsory military service into conformity with the Convention, despite the Committee’s requests in this regard over several years.The Committee urges the Government to amend the legislation setting out the rules applicable to compulsory military service in order to limit the work or services exacted as part of compulsory military service to that of a purely military character, without including work in the general interest, in conformity with Article 2(2)(a) of the Convention. The Committee also requests the Government to provide a copy of the legislation currently in force governing compulsory military service. Lastly, it requests the Government to provide information on the number of persons performing work in the general interest by order of the Government and on the nature of such work.

Article 2(2)(c). Work imposed by an administrative authority. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which the administrative authorities may impose work on persons subject to a prohibition of residence once they have completed their sentence. This section provides that a person with a criminal conviction involving the prohibition of residence may be used for work in the public interest for a period the duration of which is determined by order of the Prime Minister.

The Committee notes with regret that the Government reiterates in its report that it will take the necessary measures to amend or repeal section 2 of Act No. 14 of 1959, without reporting any progress in this regard. The Commission recalls that, under Article 2(2)(c) of the Convention, mandatory work exacted from convicts is not considered forced labour only when it is exacted as a consequence of a conviction in a court of law and subject to certain conditions.Consequently, the Committee strongly urges the Government to take the necessary measures to amend or repeal section 2 of Act No. 14 of 13 November 1959 so that persons subjected to a prohibition of residence who have completed their sentence are not sentenced to work in the public interest by administrative authorities. In the meantime, the Committee requests the Government to provide information on the application in practice of section 2 of Act No. 14 of 1959, particularly on the number of sentences imposed under this section.

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.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Articles 1(1), 2(1), and 25 of the Convention. Trafficking in persons. The Committee previously noted the establishment of an inter ministerial committee in 2013 with responsibility, among other matters, for proposing amendments to the national laws and regulations in force and coordinating all activities by ministerial departments involved in combating trafficking in persons. The Committee requested the Government to provide information on the measures taken to raise awareness about the phenomenon of trafficking and to strengthen its legislative framework.

The Government indicates once again in its report that it is experiencing difficulties arising from a lack of training among legal professionals as well as financial and material difficulties to prevent, repress and punish trafficking in persons. The Committee notes that, according to information provided by the Government to the United Nations Human Rights Council in its report of 30 August 2018, Ordinance No. 006/PR/2018 on combating human trafficking in Chad was adopted on 30 March 2018 (A/HRC/WG.6/31/TCD/1, paragraph 11). The Committee also notes that, according to the May 2018 report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad, internally displaced and refugee women are victims of trafficking in persons (A/HRC/38/46/Add.2, paragraph 66). While noting the difficulties experienced by the Government, the Committee requests it to continue its efforts to prevent, repress and combat trafficking in persons. The Committee requests the Government to take measures to strengthen the capacity of the bodies responsible for enforcing the law in order to improve the identification and protection of victims of trafficking and ensure that all persons who commit acts of trafficking and related crimes are investigated and prosecuted. The Committee requests the Government to provide information in this regard and to communicate without delay a copy of Ordinance No. 006/PR/2018 on combating trafficking in persons in the Republic of Chad.

Articles 1(1) and 2(1). 1. Freedom of career members of the armed forces to leave their employment. The Committee previously noted that, under sections 104 and 105 of Ordinance No. 006 PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, in cases where a member of the armed forces “has received specialized training and has not reached the term of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, the request for resignation (provided for in section 103 of the above-mentioned Ordinance) will only be accepted “for exceptional reasons”. The Committee requested the Government to provide information on the manner in which career members of the armed services have the right to terminate their employment. The Committee also requested the Government to provide information on the period of engagement that is required after receiving specialized training and for entry into military school.

The Committee notes that the Government has not provided any information on this matter in its report. The Committee recalls that career members of the armed forces, who signed up voluntarily, must be able to leave the service in times of peace, within a reasonable period, either at specified intervals, or with previous notice, or subject to proportional reimbursement over the remaining period of service of the cost of the training received. The Committee therefore requests the Government to send information without delay on the application in practice of the provisions of sections 104 and 105 of the Ordinance issuing the general conditions of service of military personnel, with an indication of the “exceptional reasons” for which a career member of the armed forces would be allowed to resign and the number of resignation requests accepted and denied, as well as the reasons for refusal, where applicable. Furthermore, the Committee requests the Government once again to indicate the period of engagement that is required for entry into the military school and the period required after receiving specialized training.

2. Suppression of vagrancy. The Committee notes that, under the provisions of section 184 of Act No. 2017-01 of 8 May 2017 issuing the Penal Code of 2017, the fact of not having a fixed abode or livelihood, of not being habitually engaged in a trade or profession, and of being found in a place that is public or open to the public is an offence punishable by a term of imprisonment. The Committee observes that the wording of section 184 of the Penal Code is general enough to allow it to be used as an indirect compulsion to work, penalizing the mere refusal to work. Such a definition, which is not limited to penalizing illicit activities or those likely to cause public disorder, runs counter to the provisions of the Convention. The Committee therefore requests the Government to provide information on the application in practice of section 184 of the Penal Code, as well as on any measures envisaged to expressly eliminate from legislation any compulsion to labour for vagrants.

Article 2(2)(c). Prison labour. The Committee previously noted the adoption in 2011 of a new Act on prisons and Ordinance No. 032/PR/2012 on the organization of prisons, and requested the Government to provide copies of these two texts.

The Committee notes that, according to the Government’s 30 August 2018 report to the Human Rights Council, Act No. 019/PR/2017 establishing the prison system was adopted on 28 July 2017 (A/HRC/WG.6/31/TCD/1, paragraph 11). The Committee requests the Government to send without delay a copy of the legislation currently in force governing prison labour in Chad.

Article 25. Imposition of effective penal sanctions. The Committee previously recalled the importance of penalties of a penal and dissuasive nature in the case of the exaction of forced labour and expressed the hope that the Government would take the opportunity of the adoption of the new Penal Code to criminalize and establish penalties for forced labour.

The Committee notes that section 327 of Act No. 2017-01 of 8 May 2017 issuing the Penal Code provides for imprisonment of one to five years and/or a fine for any person who imposes upon others any work or service for which they did not voluntarily offer themselves. Section 331 stipulates that the penalty is doubled in the event of threats, recourse to violence or other forms of compulsion, abduction, fraud, deception, abuse of authority or advantage being taken of a situation of vulnerability or exploitation. Referring to paragraph 319 of its General Survey of 2012 on the fundamental Conventions, the Committee recalls that in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive, legislation providing for the possibility of a fine alone cannot be considered to be effective. The Committee requests the Government to provide information on the manner in which sections 327 and 331 of the Penal Code are applied in practice, providing specific information on penalties imposed on persons convicted under sections 327 and 331 of the Penal Code.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Repetition

Article 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. In its previous comments, the Committee noted that, according to section 14 of Ordinance No. 001/PCE/CEDNACVG/91 of 1991 reorganizing the armed forces within the framework of compulsory military service, conscripts who are fit for service are classified into two categories, one of which remains at the disposal of the military authorities for two years and may be called upon to perform work in the general interest by order of the Government. The Committee recalled that, to be excluded from the scope of application of the Convention and not considered to be forced labour, any work or service exacted under compulsory military service laws must be of a purely military character. The Committee therefore requested the Government to take measures to amend the provisions of section 14 and noted the Government’s indication that those provisions would be brought into conformity with the Convention.

The Government once again indicates in its report that it will take the necessary measures to bring the provisions of section 14 of Ordinance No. 001/PCE/CEDNACVG/91 into conformity with the Convention. The Committee notes that section 14 of the Ordinance of 1991 reorganizing the armed forces was reproduced in section 32 of Act No. 012/PR/2006 of 10 March 2006 reorganizing the armed and security forces.

The Committee notes with regret the continued absence of measures bringing the provisions of the legislation on compulsory military service into conformity with the Convention, despite the Committee’s requests in this regard over several years. The Committee urges the Government to amend the legislation setting out the rules applicable to compulsory military service in order to limit the work or services exacted as part of compulsory military service to that of a purely military character, without including work in the general interest, in conformity with Article 2(2)(a) of the Convention. The Committee also requests the Government to provide a copy of the legislation currently in force governing compulsory military service. Lastly, it requests the Government to provide information on the number of persons performing work in the general interest by order of the Government and on the nature of such work.

Article 2(2)(c). Work imposed by an administrative authority. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which the administrative authorities may impose work on persons subject to a prohibition of residence once they have completed their sentence. This section provides that a person with a criminal conviction involving the prohibition of residence may be used for work in the public interest for a period the duration of which is determined by order of the Prime Minister.

The Committee notes with regret that the Government reiterates in its report that it will take the necessary measures to amend or repeal section 2 of Act No. 14 of 1959, without reporting any progress in this regard. The Commission recalls that, under Article 2(2)(c) of the Convention, mandatory work exacted from convicts is not considered forced labour only when it is exacted as a consequence of a conviction in a court of law and subject to certain conditions. Consequently, the Committee strongly urges the Government to take the necessary measures to amend or repeal section 2 of Act No. 14 of 13 November 1959 so that persons subjected to a prohibition of residence who have completed their sentence are not sentenced to work in the public interest by administrative authorities. In the meantime, the Committee requests the Government to provide information on the application in practice of section 2 of Act No. 14 of 1959, particularly on the number of sentences imposed under this section.

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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1(1), 2(1), and 25 of the Convention. Trafficking in persons. The Committee previously noted the establishment of an inter ministerial committee in 2013 with responsibility, among other matters, for proposing amendments to the national laws and regulations in force and coordinating all activities by ministerial departments involved in combating trafficking in persons. The Committee requested the Government to provide information on the measures taken to raise awareness about the phenomenon of trafficking and to strengthen its legislative framework.

The Government indicates once again in its report that it is experiencing difficulties arising from a lack of training among legal professionals as well as financial and material difficulties to prevent, repress and punish trafficking in persons. The Committee notes that, according to information provided by the Government to the United Nations Human Rights Council in its report of 30 August 2018, Ordinance No. 006/PR/2018 on combating human trafficking in Chad was adopted on 30 March 2018 (A/HRC/WG.6/31/TCD/1, paragraph 11). The Committee also notes that, according to the May 2018 report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad, internally displaced and refugee women are victims of trafficking in persons (A/HRC/38/46/Add.2, paragraph 66). While noting the difficulties experienced by the Government, the Committee requests it to continue its efforts to prevent, repress and combat trafficking in persons. The Committee requests the Government to take measures to strengthen the capacity of the bodies responsible for enforcing the law in order to improve the identification and protection of victims of trafficking and ensure that all persons who commit acts of trafficking and related crimes are investigated and prosecuted. The Committee requests the Government to provide information in this regard and to communicate without delay a copy of Ordinance No. 006/PR/2018 on combating trafficking in persons in the Republic of Chad.

Articles 1(1) and 2(1). 1. Freedom of career members of the armed forces to leave their employment. The Committee previously noted that, under sections 104 and 105 of Ordinance No. 006 PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, in cases where a member of the armed forces “has received specialized training and has not reached the term of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, the request for resignation (provided for in section 103 of the above-mentioned Ordinance) will only be accepted “for exceptional reasons”. The Committee requested the Government to provide information on the manner in which career members of the armed services have the right to terminate their employment. The Committee also requested the Government to provide information on the period of engagement that is required after receiving specialized training and for entry into military school.

The Committee notes that the Government has not provided any information on this matter in its report. The Committee recalls that career members of the armed forces, who signed up voluntarily, must be able to leave the service in times of peace, within a reasonable period, either at specified intervals, or with previous notice, or subject to proportional reimbursement over the remaining period of service of the cost of the training received. The Committee therefore requests the Government to send information without delay on the application in practice of the provisions of sections 104 and 105 of the Ordinance issuing the general conditions of service of military personnel, with an indication of the “exceptional reasons” for which a career member of the armed forces would be allowed to resign and the number of resignation requests accepted and denied, as well as the reasons for refusal, where applicable. Furthermore, the Committee requests the Government once again to indicate the period of engagement that is required for entry into the military school and the period required after receiving specialized training.

2. Suppression of vagrancy. The Committee notes that, under the provisions of section 184 of Act No. 2017-01 of 8 May 2017 issuing the Penal Code of 2017, the fact of not having a fixed abode or livelihood, of not being habitually engaged in a trade or profession, and of being found in a place that is public or open to the public is an offence punishable by a term of imprisonment. The Committee observes that the wording of section 184 of the Penal Code is general enough to allow it to be used as an indirect compulsion to work, penalizing the mere refusal to work. Such a definition, which is not limited to penalizing illicit activities or those likely to cause public disorder, runs counter to the provisions of the Convention. The Committee therefore requests the Government to provide information on the application in practice of section 184 of the Penal Code, as well as on any measures envisaged to expressly eliminate from legislation any compulsion to labour for vagrants.

Article 2(2)(c). Prison labour. The Committee previously noted the adoption in 2011 of a new Act on prisons and Ordinance No. 032/PR/2012 on the organization of prisons, and requested the Government to provide copies of these two texts.

The Committee notes that, according to the Government’s 30 August 2018 report to the Human Rights Council, Act No. 019/PR/2017 establishing the prison system was adopted on 28 July 2017 (A/HRC/WG.6/31/TCD/1, paragraph 11). The Committee requests the Government to send without delay a copy of the legislation currently in force governing prison labour in Chad.

Article 25. Imposition of effective penal sanctions. The Committee previously recalled the importance of penalties of a penal and dissuasive nature in the case of the exaction of forced labour and expressed the hope that the Government would take the opportunity of the adoption of the new Penal Code to criminalize and establish penalties for forced labour.

The Committee notes that section 327 of Act No. 2017-01 of 8 May 2017 issuing the Penal Code provides for imprisonment of one to five years and/or a fine for any person who imposes upon others any work or service for which they did not voluntarily offer themselves. Section 331 stipulates that the penalty is doubled in the event of threats, recourse to violence or other forms of compulsion, abduction, fraud, deception, abuse of authority or advantage being taken of a situation of vulnerability or exploitation. Referring to paragraph 319 of its General Survey of 2012 on the fundamental Conventions, the Committee recalls that in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive, legislation providing for the possibility of a fine alone cannot be considered to be effective. The Committee requests the Government to provide information on the manner in which sections 327 and 331 of the Penal Code are applied in practice, providing specific information on penalties imposed on persons convicted under sections 327 and 331 of the Penal Code.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. In its previous comments, the Committee noted that, according to section 14 of Ordinance No. 001/PCE/CEDNACVG/91 of 1991 reorganizing the armed forces within the framework of compulsory military service, conscripts who are fit for service are classified into two categories, one of which remains at the disposal of the military authorities for two years and may be called upon to perform work in the general interest by order of the Government. The Committee recalled that, to be excluded from the scope of application of the Convention and not considered to be forced labour, any work or service exacted under compulsory military service laws must be of a purely military character. The Committee therefore requested the Government to take measures to amend the provisions of section 14 and noted the Government’s indication that those provisions would be brought into conformity with the Convention.

The Government once again indicates in its report that it will take the necessary measures to bring the provisions of section 14 of Ordinance No. 001/PCE/CEDNACVG/91 into conformity with the Convention. The Committee notes that section 14 of the Ordinance of 1991 reorganizing the armed forces was reproduced in section 32 of Act No. 012/PR/2006 of 10 March 2006 reorganizing the armed and security forces.

The Committee notes with regret the continued absence of measures bringing the provisions of the legislation on compulsory military service into conformity with the Convention, despite the Committee’s requests in this regard over several years. The Committee urges the Government to amend the legislation setting out the rules applicable to compulsory military service in order to limit the work or services exacted as part of compulsory military service to that of a purely military character, without including work in the general interest, in conformity with Article 2(2)(a) of the Convention. The Committee also requests the Government to provide a copy of the legislation currently in force governing compulsory military service. Lastly, it requests the Government to provide information on the number of persons performing work in the general interest by order of the Government and on the nature of such work.

Article 2(2)(c). Work imposed by an administrative authority. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which the administrative authorities may impose work on persons subject to a prohibition of residence once they have completed their sentence. This section provides that a person with a criminal conviction involving the prohibition of residence may be used for work in the public interest for a period the duration of which is determined by order of the Prime Minister.

The Committee notes with regret that the Government reiterates in its report that it will take the necessary measures to amend or repeal section 2 of Act No. 14 of 1959, without reporting any progress in this regard. The Commission recalls that, under Article 2(2)(c) of the Convention, mandatory work exacted from convicts is not considered forced labour only when it is exacted as a consequence of a conviction in a court of law and subject to certain conditions. Consequently, the Committee strongly urges the Government to take the necessary measures to amend or repeal section 2 of Act No. 14 of 13 November 1959 so that persons subjected to a prohibition of residence who have completed their sentence are not sentenced to work in the public interest by administrative authorities. In the meantime, the Committee requests the Government to provide information on the application in practice of section 2 of Act No. 14 of 1959, particularly on the number of sentences imposed under this section.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Under the terms of section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. In cases where the member of the armed forces “has received specialized training and has not reached the term of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (sections 104 and 105). The Committee emphasizes that career members of the armed forces must be able to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice, or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (number of applications to resign, number of resignations accepted or refused, time taken to process such applications and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee requests the Government to indicate the period of engagement that is required for entry into the military school and the period required after receiving specialized training. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that, in reply to its request concerning the measures adopted to prevent, suppress and punish trafficking in persons, the Government refers to financial and material problems in the application of the legislative texts and the lack of training of those working with the law. The Committee observes in this regard that, within the framework of its project “Strengthening Chad’s Capacity to Prevent and Combat Trafficking in Persons”, the International Organization for Migration has published qualitative observations on the phenomenon of trafficking in persons in Chad. The Committee also notes that, in the replies provided by Chad to the United Nations Human Rights Committee concerning the application of the International Covenant on Civil and Political Rights, the Government indicated that, to combat trafficking in persons, an inter-ministerial committee had been established on 17 October 2013 with responsibility, among other matters, for proposing the amendment of the national laws and regulations in force and coordinating all activities by ministerial departments involved in combating trafficking in persons (CCPR/C/TCD/Q/2/Add.1 of 18 February 2014). While noting the difficulties referred to by the Government, the Committee hopes that it will be able to indicate, in its next report, the measures adopted to raise awareness of the phenomenon of trafficking and to strengthen its legislative framework so as to have adequate legislative provisions to combat trafficking in persons, both for sexual exploitation and for labour exploitation, so that the competent authorities are better able to identify cases of trafficking, prosecute those responsible and protect victims. Please provide information on the activities carried out by the Inter-ministerial Committee to Combat Trafficking in Persons.

Article 2(2)(c). Prison labour. The Committee notes that, in the information provided by Chad to the United Nations Human Rights Committee on the application of the International Covenant on Civil and Political Rights, the Government refers to the adoption in 2011 of a new Act on prisons and to Ordinance No. 032/PR/2012 on the organization of prisons. The Committee requests the Government to provide copies of these two texts.

Article 25. Imposition of effective penal sanctions. Once again in the information provided by Chad to the United Nations Human Rights Committee, the Committee observes that the Government refers to a new draft Penal Code. Considering that only section 190 of the Labour Code currently establishes penalties for the exaction of forced labour, and these penalties are not of the penal and dissuasive nature required by Article 25 of the Convention. The Committee hopes that the Government will take the opportunity of the adoption of this new Penal Code to criminalize and establish penalties for forced labour.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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 2(2)(a) of the Convention. Work of general interest imposed in the context of compulsory military service. For many years, the Committee has been requesting the Government to take measures to amend the legislation on compulsory military service to ensure its conformity with Article 2(2)(a) of the Convention. The Committee noted previously that, according to section 14 of Ordinance No. 001/PCE/CEDNACVG/91 reorganizing the armed forces within the framework of compulsory military service, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called upon to perform work of general interest by order of the Government. However, to be excluded from the scope of the Convention and not considered to be forced labour, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. In its report, the Government indicates that it will take the necessary measures to bring the provisions of section 14 of Ordinance No. 001/PCE/CEDNACVG/91 into conformity with the Convention. The Committee takes due note of this information and hopes that the provisions of section 14 of the Ordinance reorganizing the armed forces of 1991 will be amended in the very near future so as to ensure that work exacted within the framework of compulsory military service is of a purely military character.

Article 2(2)(c). Work imposed by an administrative authority. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision allows the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee notes the Government’s indication that it will take the necessary measures to amend or repeal section 2 of Act No. 14 of 1959 referred to above. Taking into account the fact that this matter has been the subject of comments by the Committee for many years and that the Government has already referred in the past to a draft text to repeal this provision, the Committee trusts that the Government will indicate in its next report the progress achieved in this respect.

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Under the terms of section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. In cases where the member of the armed forces “has received specialized training and has not reached the term of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (sections 104 and 105). The Committee emphasizes that career members of the armed forces must be able to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice, or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (number of applications to resign, number of resignations accepted or refused, time taken to process such applications and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee requests the Government to indicate the period of engagement that is required for entry into the military school and the period required after receiving specialized training. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that, in reply to its request concerning the measures adopted to prevent, suppress and punish trafficking in persons, the Government refers to financial and material problems in the application of the legislative texts and the lack of training of those working with the law. The Committee observes in this regard that, within the framework of its project “Strengthening Chad’s Capacity to Prevent and Combat Trafficking in Persons”, the International Organization for Migration has published qualitative observations on the phenomenon of trafficking in persons in Chad. The Committee also notes that, in the replies provided by Chad to the United Nations Human Rights Committee concerning the application of the International Covenant on Civil and Political Rights, the Government indicated that, to combat trafficking in persons, an inter-ministerial committee had been established on 17 October 2013 with responsibility, among other matters, for proposing the amendment of the national laws and regulations in force and coordinating all activities by ministerial departments involved in combating trafficking in persons (CCPR/C/TCD/Q/2/Add.1 of 18 February 2014). While noting the difficulties referred to by the Government, the Committee hopes that it will be able to indicate, in its next report, the measures adopted to raise awareness of the phenomenon of trafficking and to strengthen its legislative framework so as to have adequate legislative provisions to combat trafficking in persons, both for sexual exploitation and for labour exploitation, so that the competent authorities are better able to identify cases of trafficking, prosecute those responsible and protect victims. Please provide information on the activities carried out by the Inter-ministerial Committee to Combat Trafficking in Persons.

Article 2(2)(c). Prison labour. The Committee notes that, in the information provided by Chad to the United Nations Human Rights Committee on the application of the International Covenant on Civil and Political Rights, the Government refers to the adoption in 2011 of a new Act on prisons and to Ordinance No. 032/PR/2012 on the organization of prisons. The Committee requests the Government to provide copies of these two texts.

Article 25. Imposition of effective penal sanctions. Once again in the information provided by Chad to the United Nations Human Rights Committee, the Committee observes that the Government refers to a new draft Penal Code. Considering that only section 190 of the Labour Code currently establishes penalties for the exaction of forced labour, and these penalties are not of the penal and dissuasive nature required by Article 25 of the Convention. The Committee hopes that the Government will take the opportunity of the adoption of this new Penal Code to criminalize and establish penalties for forced labour.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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 2(2)(a) of the Convention. Work of general interest imposed in the context of compulsory military service. For many years, the Committee has been requesting the Government to take measures to amend the legislation on compulsory military service to ensure its conformity with Article 2(2)(a) of the Convention. The Committee noted previously that, according to section 14 of Ordinance No. 001/PCE/CEDNACVG/91 reorganizing the armed forces within the framework of compulsory military service, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called upon to perform work of general interest by order of the Government. However, to be excluded from the scope of the Convention and not considered to be forced labour, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. In its report, the Government indicates that it will take the necessary measures to bring the provisions of section 14 of Ordinance No. 001/PCE/CEDNACVG/91 into conformity with the Convention. The Committee takes due note of this information and hopes that the provisions of section 14 of the Ordinance reorganizing the armed forces of 1991 will be amended in the very near future so as to ensure that work exacted within the framework of compulsory military service is of a purely military character.

Article 2(2)(c). Work imposed by an administrative authority. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision allows the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee notes the Government’s indication that it will take the necessary measures to amend or repeal section 2 of Act No. 14 of 1959 referred to above. Taking into account the fact that this matter has been the subject of comments by the Committee for many years and that the Government has already referred in the past to a draft text to repeal this provision, the Committee trusts that the Government will indicate in its next report the progress achieved in this respect.

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Under the terms of section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. In cases where the member of the armed forces “has received specialized training and has not reached the term of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (sections 104 and 105). The Committee emphasizes that career members of the armed forces must be able to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice, or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (number of applications to resign, number of resignations accepted or refused, time taken to process such applications and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee requests the Government to indicate the period of engagement that is required for entry into the military school and the period required after receiving specialized training. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that, in reply to its request concerning the measures adopted to prevent, suppress and punish trafficking in persons, the Government refers to financial and material problems in the application of the legislative texts and the lack of training of those working with the law. The Committee observes in this regard that, within the framework of its project “Strengthening Chad’s Capacity to Prevent and Combat Trafficking in Persons”, the International Organization for Migration has published qualitative observations on the phenomenon of trafficking in persons in Chad. The Committee also notes that, in the replies provided by Chad to the United Nations Human Rights Committee concerning the application of the International Covenant on Civil and Political Rights, the Government indicated that, to combat trafficking in persons, an inter-ministerial committee had been established on 17 October 2013 with responsibility, among other matters, for proposing the amendment of the national laws and regulations in force and coordinating all activities by ministerial departments involved in combating trafficking in persons (CCPR/C/TCD/Q/2/Add.1 of 18 February 2014). While noting the difficulties referred to by the Government, the Committee hopes that it will be able to indicate, in its next report, the measures adopted to raise awareness of the phenomenon of trafficking and to strengthen its legislative framework so as to have adequate legislative provisions to combat trafficking in persons, both for sexual exploitation and for labour exploitation, so that the competent authorities are better able to identify cases of trafficking, prosecute those responsible and protect victims. Please provide information on the activities carried out by the Inter-ministerial Committee to Combat Trafficking in Persons.

Article 2(2)(c). Prison labour. The Committee notes that, in the information provided by Chad to the United Nations Human Rights Committee on the application of the International Covenant on Civil and Political Rights, the Government refers to the adoption in 2011 of a new Act on prisons and to Ordinance No. 032/PR/2012 on the organization of prisons. The Committee requests the Government to provide copies of these two texts.

Article 25. Imposition of effective penal sanctions. Once again in the information provided by Chad to the United Nations Human Rights Committee, the Committee observes that the Government refers to a new draft Penal Code. Considering that only section 190 of the Labour Code currently establishes penalties for the exaction of forced labour, and these penalties are not of the penal and dissuasive nature required by Article 25 of the Convention. The Committee hopes that the Government will take the opportunity of the adoption of this new Penal Code to criminalize and establish penalties for forced labour.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2(2)(a) of the Convention. Work of general interest imposed in the context of compulsory military service. For many years, the Committee has been requesting the Government to take measures to amend the legislation on compulsory military service to ensure its conformity with Article 2(2)(a) of the Convention. The Committee noted previously that, according to section 14 of Ordinance No. 001/PCE/CEDNACVG/91 reorganizing the armed forces within the framework of compulsory military service, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called upon to perform work of general interest by order of the Government. However, to be excluded from the scope of the Convention and not considered to be forced labour, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. In its report, the Government indicates that it will take the necessary measures to bring the provisions of section 14 of Ordinance No. 001/PCE/CEDNACVG/91 into conformity with the Convention. The Committee takes due note of this information and hopes that the provisions of section 14 of the Ordinance reorganizing the armed forces of 1991 will be amended in the very near future so as to ensure that work exacted within the framework of compulsory military service is of a purely military character.

Article 2(2)(c). Work imposed by an administrative authority. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision allows the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee notes the Government’s indication that it will take the necessary measures to amend or repeal section 2 of Act No. 14 of 1959 referred to above. Taking into account the fact that this matter has been the subject of comments by the Committee for many years and that the Government has already referred in the past to a draft text to repeal this provision, the Committee trusts that the Government will indicate in its next report the progress achieved in this respect.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report contains no reply to its previous comment. 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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Under section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. Under section 104, the initiative for resignation lies with the member of the armed forces. In cases where the member of the armed forces “has received specialized training and has not reached the end of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (section 105).

The Committee emphasized in its previous comments that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (notice period, acceptance, refusal and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee would be grateful if the Government would indicate the period of the engagement that is required for entry into the military school and, when members of the armed forces have received specialized training, the average duration of such training and the periods for which these members of the armed forces may undertake to remain in the service. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that the Government has not provided information in reply to its general observation of 2000 relating to the measures adopted by governments to prevent, suppress and punish the trafficking of persons. It would be grateful if the Government would refer to this general observation and if it would provide information on any measures that it has adopted in this respect, with an indication of whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities to implement this legislation.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret 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:

Repetition

Article 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. The Committee previously noted Ordinance No. 001/PCE/CEDNACVG/91 organizing the armed forces, according to which military service is compulsory for every citizen of Chad. Under section 14 of the Ordinance, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called up to perform work in the general interest by order of the Government. The Committee noted that similar provisions were contained in Ordinance No. 2 of 1961 on the organization and recruitment of the armed forces of the Republic, on which it commented for many years. Indeed, such provisions are not compatible with Article 2(2)(a) of the Convention under which, to be excluded from the scope of the Convention, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. The Committee hopes that the Government will take the necessary measures to bring the provisions of section 14 of the Ordinance of 1991 reorganizing the armed forces and, as appropriate, any decrees issued thereunder, into conformity with the Convention.

Article 2(2)(c). For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision would allow the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee hopes that the Government will take the necessary measures without further delay to amend or repeal section 2 of Act No. 14 of 13 November 1959 referred to above.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Under section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. Under section 104, the initiative for resignation lies with the member of the armed forces. In cases where the member of the armed forces “has received specialized training and has not reached the end of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (section 105).

The Committee emphasized in its previous comments that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (notice period, acceptance, refusal and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee would be grateful if the Government would indicate the period of the engagement that is required for entry into the military school and, when members of the armed forces have received specialized training, the average duration of such training and the periods for which these members of the armed forces may undertake to remain in the service. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that the Government has not provided information in reply to its general observation of 2000 relating to the measures adopted by governments to prevent, suppress and punish the trafficking of persons. It would be grateful if the Government would refer to this general observation and if it would provide information on any measures that it has adopted in this respect, with an indication of whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities to implement this legislation.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. The Committee previously noted Ordinance No. 001/PCE/CEDNACVG/91 organizing the armed forces, according to which military service is compulsory for every citizen of Chad. Under section 14 of the Ordinance, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called up to perform work in the general interest by order of the Government. The Committee noted that similar provisions were contained in Ordinance No. 2 of 1961 on the organization and recruitment of the armed forces of the Republic, on which it commented for many years. Indeed, such provisions are not compatible with Article 2(2)(a) of the Convention under which, to be excluded from the scope of the Convention, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. The Committee hopes that the Government will take the necessary measures to bring the provisions of section 14 of the Ordinance of 1991 reorganizing the armed forces and, as appropriate, any decrees issued thereunder, into conformity with the Convention.

Article 2(2)(c). For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision would allow the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee hopes that the Government will take the necessary measures without further delay to amend or repeal section 2 of Act No. 14 of 13 November 1959 referred to above.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Under section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. Under section 104, the initiative for resignation lies with the member of the armed forces. In cases where the member of the armed forces “has received specialized training and has not reached the end of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (section 105).

The Committee emphasized in its previous comments that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (notice period, acceptance, refusal and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee would be grateful if the Government would indicate the period of the engagement that is required for entry into the military school and, when members of the armed forces have received specialized training, the average duration of such training and the periods for which these members of the armed forces may undertake to remain in the service. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that the Government has not provided information in reply to its general observation of 2000 relating to the measures adopted by governments to prevent, suppress and punish the trafficking of persons. It would be grateful if the Government would refer to this general observation and if it would provide information on any measures that it has adopted in this respect, with an indication of whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities to implement this legislation.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. The Committee previously noted Ordinance No. 001/PCE/CEDNACVG/91 organizing the armed forces, according to which military service is compulsory for every citizen of Chad. Under section 14 of the Ordinance, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called up to perform work in the general interest by order of the Government. The Committee noted that similar provisions were contained in Ordinance No. 2 of 1961 on the organization and recruitment of the armed forces of the Republic, on which it commented for many years. Indeed, such provisions are not compatible with Article 2(2)(a) of the Convention under which, to be excluded from the scope of the Convention, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. The Committee hopes that the Government will take the necessary measures to bring the provisions of section 14 of the Ordinance of 1991 reorganizing the armed forces and, as appropriate, any decrees issued thereunder, into conformity with the Convention.

Article 2(2)(c). For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision would allow the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee hopes that the Government will take the necessary measures without further delay to amend or repeal section 2 of Act No. 14 of 13 November 1959 referred to above.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Articles 1(1) and 2(1) of the Convention. 1. Freedom of career members of the armed forces to leave their employment. Under section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. Under section 104, the initiative for resignation lies with the member of the armed forces. In cases where the member of the armed forces “has received specialized training and has not reached the end of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (section 105).

The Committee emphasized in its previous comments that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (notice period, acceptance, refusal and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee would be grateful if the Government would indicate the period of the engagement that is required for entry into the military school and, when members of the armed forces have received specialized training, the average duration of such training and the periods for which these members of the armed forces may undertake to remain in the service. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that the Government has not provided information in reply to its general observation of 2000 relating to the measures adopted by governments to prevent, suppress and punish the trafficking of persons. It would be grateful if the Government would refer to this general observation and if it would provide information on any measures that it has adopted in this respect, with an indication of whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities to implement this legislation.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Article 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. The Committee notes Ordinance No. 001/PCE/CEDNACVG/91 organizing the armed forces, that according to military service is compulsory for every citizen of Chad. Under section 14 of the Ordinance, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called up to perform work in the general interest by order of the Government. The Committee notes that similar provisions were contained in Ordinance No. 2 of 1961 on the organization and recruitment of the armed forces of the Republic, on which it commented for many years. Indeed, such provisions are not compatible with Article 2(2)(a), of the Convention, under which, to be excluded from the scope of the Convention, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. The Committee hopes that the Government will take the necessary measures to bring the provisions of section 14 of the Ordinance of 1991 reorganizing the armed forces and, as appropriate, any decrees issued thereunder, into conformity with the Convention.

Article 2(2)(c). For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision would allow the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee hopes that the Government will take the necessary measures without further delay to amend or repeal section 2 of Act No. 14 of 13 November 1959 referred to above.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 
1. Freedom of career members of the armed forces to leave their employment. Under section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. Under section 104, the initiative for resignation lies with the member of the armed forces. In cases where the member of the armed forces “has received specialized training and has not reached the end of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (section 105).

The Committee emphasized in its previous comments that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (notice period, acceptance, refusal and, where appropriate, reasons for refusal). With reference, more particularly, to section 105 of the general conditions of service of military personnel, the Committee would be grateful if the Government would indicate the period of the engagement that is required for entry into the military school and, when members of the armed forces have received specialized training, the average duration of such training and the periods for which these members of the armed forces may undertake to remain in the service. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons. The Committee notes that the Government has not provided information in reply to its general observation of 2000 relating to the measures adopted by governments to prevent, suppress and punish the trafficking of persons. It would be grateful if the Government would refer to this general observation and if it would provide information on any measures that it has adopted in this respect, with an indication of whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities to implement this legislation.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It observes that the Government, referring to the technical assistance received by Government officials and representatives of workers’ and employers’ organizations, hopes that it will be able to overcome the difficulties previously encountered in the submission of reports. The Committee hopes that the Government will continue to benefit from this assistance and that its next report will contain answers to the following points raised in the Committee’s previous observation:

Article 2, paragraph 2(a), of the Convention. Work in the general interest imposed in the context of compulsory military service. The Committee notes Ordinance No. 001/PCE/CEDNACVG/91 organizing the armed forces, that according to military service is compulsory for every citizen of Chad. Under section 14 of the Ordinance, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called up to perform work in the general interest by order of the Government. The Committee notes that similar provisions were contained in Ordinance No. 2 of 1961 on the organization and recruitment of the armed forces of the Republic, on which it commented for many years. Indeed, such provisions are not compatible with Article 2, paragraph 2(a), of the Convention, under which, to be excluded from the scope of the Convention, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. The Committee hopes that the Government will take the necessary measures to bring the provisions of section 14 of the Ordinance of 1991 reorganizing the armed forces and, as appropriate, any decrees issued thereunder, into conformity with the Convention.

Article 2, paragraph 2(c). For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision would allow the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee hopes that the Government will take the necessary measures without further delay to amend or repeal section 2 of Act No. 14 of 13 November 1959 referred to above.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 following matters raised in its previous direct request:

Freedom of career members of the armed forces to leave their employment. (Articles 1, paragraph 1, and 2, paragraph 1, of the Convention). Under section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. Under section 104, the initiative for resignation lies with the member of the armed forces. In cases where the member of the armed forces “has received specialized training and has not reached the end of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (section 105).

The Committee emphasized in its previous comments that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (notice period, acceptance, refusal and, where appropriate, reasons for refusal). With reference, more particularly, to section 105, the Committee would be grateful if the Government would indicate the period of the engagement that is required for entry into the military school and, when members of the armed forces have received specialized training, the average duration of such training and the periods for which these members of the armed forces may undertake to remain in the service. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

Trafficking in persons. The Committee notes that the Government has not provided information in reply to its general observation of 2000 relating to the measures adopted by governments to prevent, suppress and punish the trafficking of persons. It would be grateful if the Government would refer to this general observation and if it would provide information on any measures that it has adopted in this respect, with an indication of whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 2, paragraph 2(a), of the Convention. Work in the general interest imposed in the context of compulsory military service. The Committee notes Ordinance No. 001/PCE/CEDNACVG/91 reorganizing the armed forces, a copy of which was provided by the Government. It notes that military service is compulsory for every citizen of Chad. Under section 14 of the Ordinance, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called up to perform work in the general interest by order of the Government. The Committee notes that similar provisions were contained in Ordinance No. 2 of 1961 on the organization and recruitment of the armed forces of the Republic, on which it commented for many years. Indeed, these provisions are not compatible with Article 2, paragraph 2(a), of the Convention, under which, to be excluded from the scope of the Convention, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. The Committee hopes that the Government will take the necessary measures to bring the provisions of section 14 of the Ordinance of 1991 reorganizing the armed forces and, as appropriate, any decrees issued thereunder, into conformity with the Convention.

Article 2, paragraph 2(c). For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision would allow the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee notes that the Government has not provided any information in this respect in its last report and that this provision is still in force. It hopes that the Government will take the necessary measures without further delay to amend or repeal section 2 of Act No. 14 of 13 November 1959 referred to above.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Freedom of career members of the armed forces to leave their employment. (Articles 1, paragraph 1, and 2, paragraph 1, of the Convention). Under section 103 of Ordinance No. 006/PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military service is a result of resignation, dismissal, retirement or death. Under section 104, the initiative for resignation lies with the member of the armed forces. In cases where the member of the armed forces, “has received specialized training and has not reached the end of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, resignation will only be accepted “for exceptional reasons” (section 105).

The Committee emphasized in its previous comments that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training. The Committee once again requests the Government to provide information on the manner in which applications for resignation by career members of the armed services are generally treated (notice period, acceptance, refusal and, where appropriate, reasons for refusal). With reference, more particularly, to section 105, the Committee would be grateful if the Government would indicate the period of the engagement that is required for entry into the military school and, when members of the armed forces have received specialized training, the average duration of such training and the periods for which these members of the armed forces may undertake to remain in the service. Please also indicate whether members of the armed forces who have received specialized training, and who wish to bring an end to their engagement before the completion of the period for which they undertook to remain in service, may resign if they reimburse part of the cost of the training that they received.

2. Trafficking in persons for exploitation. The Committee notes that the Government has not provided information in reply to its general observation of 2000 relating to the measures adopted by governments to prevent, suppress and punish the trafficking of persons. It would be grateful if the Government would refer to this general observation and if it would provide information on any measures that it has adopted in this respect, with an indication of whether specific legislation has been adopted and, where appropriate, the difficulties encountered by the public authorities.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee has emphasized on several occasions the need to repeal the provisions of section 982 of the General Tax Code which allowed the authorities to impose labour for public communities on taxpayers who had not paid the civic tax. The Committee notes with satisfaction that section 982 of the General Tax Code was repealed by Act No. 09//PR/2006 of 10 March 2006 adopting the General State Budget for 2006.

2. Article 2, paragraph 2(a), of the Convention. Work in the general interest imposed in the context of compulsory military service. The Committee notes Ordinance No. 001/PCE/CEDNACVG/91 reorganizing the armed forces, a copy of which was provided by the Government. It notes that military service is compulsory for every citizen of Chad. Under section 14 of the Ordinance, conscripts who are fit for service are classified into two categories: the first, the size of which is determined each year by decree, is incorporated and compelled to perform active service; the second remains at the disposal of the military authorities for two years and may be called up to perform work in the general interest by order of the Government. The Committee notes that similar provisions were contained in Ordinance No. 2 of 1961 on the organization and recruitment of the armed forces of the Republic, on which it commented for many years. Indeed, these provisions are not compatible with Article 2, paragraph 2(a), of the Convention, under which, to be excluded from the scope of the Convention, any work or service exacted in virtue of compulsory military service laws must be of a purely military character. The Committee hopes that the Government will take the necessary measures to bring the provisions of section 14 of the Ordinance of 1991 reorganizing the armed forces and, as appropriate, any decrees issued thereunder, into conformity with the Convention.

3. Article 2, paragraph 2(c). For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which persons convicted of penal offences involving prohibition of residence may be used for work in the public interest for a period, the duration of which is to be determined by order of the Prime Minister. This provision would allow the administrative authorities to impose work on persons subject to a prohibition of residence once they have completed their sentence. The Committee notes that the Government has not provided any information in this respect in its last report and that this provision is still in force. It hopes that the Government will take the necessary measures without further delay to amend or repeal section 2 of Act No. 14 of 13 November 1959 referred to above.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that no report has been received from the Government for the third year in succession. 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 following matters raised in its previous direct request:

Freedom of persons in the service of the State to leave their employment

The Committee noted previously that according to Ordinance No. 006 PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military status results from resignation, dismissal, retirement or death (section 103). According to section 104, the initiative for resignation lies with the member of the armed forces and will be accepted (section 105) only "for exceptional reasons when the member has not reached the end of the period required for entrance to military training schools" and when the person "has received specialized training and has not reached the end of the period during which he undertook to remain in service". Section 93(2) provides that a member of the armed forces who applies for retirement will be placed in retirement only if the time during which he undertook to remain in service after specialized training has expired.

The Committee reminded the Government that statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length have the effect of turning a contractual relationship based on the will of the parties into service by compulsion of law. It also referred the Government to paragraph 72 of the General Survey on the abolition of forced labour which states that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training.

The Committee asks the Government to provide information on the practical effect given to section 105 on the resignation of career servicemen, particularly the length of the period of engagement required for entrance to a military training college and the period required after specialized training.

The Committee hopes that the Government will be in a position to provide the information requested with its next report.

The Committee notes the information contained in the report submitted by Chad to the Committee on the Rights of the Child (CRC/C/3/Add.50) to the effect that although the law stipulates the age for recruitment into the armed forces (18 years), minors are recruited to serve as soldiers. The Committee notes that a Department of Children has been set up under the Ministry for Women and Social Affairs which is responsible for combating the enlistment of children into the army (paragraph 126). The Committee asks the Government to provide information on the activities of the above department and on any other measures taken to protect children from forced recruitment and the sanctions imposed on those responsible for such recruitment.

The Committee takes note of the information sent to the ILO by the Trade Union Confederation of Chad concerning the application of the Convention, to the effect that citizens are recruited by force into the army as soldiers and are thereafter subjected to arduous work or forced to work in conditions which are unacceptable. They are reportedly forced to serve as guinea pigs or guides in minefields at the risk of their personal safety or their lives.

The Committee asks the Government to provide information on these allegations.

The Government is asked to supply copies of the following legislative texts:

-  Decree No. 371/77/CSM/MJ of 9 November 1977 establishing the prison regulations;

-  Ordinance No. 001/PCE/CEDNACVG/91 of 16 January 1991 to reorganize the armed forces;

-  the Charter of Rights and Freedoms;

-  Decree No. 100/Social affairs on the protection of children and young persons;

-  Ordinance No. 12-67-PR-MJ of 9 June 1967 issuing the Penal Code;

-  the Code of Penal Procedure.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that no report has been received from the Government for the third year in succession. It must therefore repeat its previous observation on the following matters:

The Committee has been referring for many years to the provisions of section  982 of the Tax Code (formerly 260bis) which allows authorities to impose labour for the purpose of tax collection, and article 2 of Act No. 14 of 13 November 1959 under which persons convicted of penal offences can be subjected, by administrative decision, to work which is in the public interest.

The Committee again noted that, according to the Government’s report, these provisions had not yet been amended or repealed although the Government has repeatedly stated that this was its intent. The Committee hopes that the Government will take the necessary measures without further delay to ensure that the Convention is observed on these points.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that no report has been received from the Government. 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 following matters raised in its previous direct request:

  Freedom of persons in the service of the State to leave their employment

The Committee noted previously that according to Ordinance No. 006 PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military status results from resignation, dismissal, retirement or death (section 103). According to section 104, the initiative for resignation lies with the member of the armed forces and will be accepted (section 105) only "for exceptional reasons when the member has not reached the end of the period required for entrance to military training schools" and when the person "has received specialized training and has not reached the end of the period during which he undertook to remain in service". Section 93(2) provides that a member of the armed forces who applies for retirement will be placed in retirement only if the time during which he undertook to remain in service after specialized training has expired.

The Committee reminded the Government that statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length have the effect of turning a contractual relationship based on the will of the parties into service by compulsion of law. It also referred the Government to paragraph 72 of the General Survey on the abolition of forced labour which states that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training.

The Committee asks the Government to provide information on the practical effect given to section 105 on the resignation of career servicemen, particularly the length of the period of engagement required for entrance to a military training college and the period required after specialized training.

The Committee notes that the Government’s last report contains no information on these matters. It hopes that the Government will be in a position to provide the information requested with its next report.

The Committee notes the information contained in the report submitted by Chad to the Committee on the Rights of the Child (CRC/C/3/Add.50) to the effect that although the law stipulates the age for recruitment into the armed forces (18 years), minors are recruited to serve as soldiers. The Committee notes that a Department of Children has been set up under the Ministry for Women and Social Affairs which is responsible for combating the enlistment of children into the army (paragraph 126). The Committee asks the Government to provide information on the activities of the above department and on any other measures taken to protect children from forced recruitment and the sanctions imposed on those responsible for such recruitment.

The Committee takes note of the information sent to the ILO by the Trade Union Confederation of Chad concerning the application of the Convention, to the effect that citizens are recruited by force into the army as soldiers and are thereafter subjected to arduous work or forced to work in conditions which are unacceptable. They are reportedly forced to serve as guinea pigs or guides in minefields at the risk of their personal safety or their lives.

The Committee asks the Government to provide information on these allegations.

The Government is asked to supply copies of the following legislative texts:

-  Decree No. 371/77/CSM/MJ of 9 November 1977 establishing the prison regulations;

-  Ordinance No. 001/PCE/CEDNACVG/91 of 16 January 1991 to reorganize the armed forces;

-  the Charter of Rights and Freedoms;

-  Decree No. 100/Social affairs on the protection of children and young persons;

-  Ordinance No. 12-67-PR-MJ of 9 June 1967 issuing the Penal Code;

-  the Code of Penal Procedure.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee has been referring for many years to the provisions of section 982 of the Tax Code (formerly 260bis) which allows authorities to impose labour for the purpose of tax collection, and article 2 of Act No. 14 of 13 November 1959 under which persons convicted of penal offences can be subjected, by administrative decision, to work which is in the public interest.

The Committee again notes that, according to the Government’s report, these provisions have not yet been amended or repealed although the Government has repeatedly stated that this was its intent. The Committee hopes that the Government will take the necessary measures without further delay to ensure that the Convention is observed on these points.

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

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee as its next session and that it will contain full information on the following matters raised in its previous direct request:

Freedom of persons in the service of the State to leave their employment

The Committee noted previously that according to Ordinance No. 006 PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military status results from resignation, dismissal, retirement or death (section 103). According to section 104, the initiative for resignation lies with the member of the armed forces and will be accepted (section 105) only "for exceptional reasons when the member has not reached the end of the period required for entrance to military training schools" and when the person "has received specialized training and has not reached the end of the period during which he undertook to remain in service". Section 93(2) provides that a member of the armed forces who applies for retirement will be placed in retirement only if the time during which he undertook to remain in service after specialized training has expired.

The Committee reminded the Government that statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length have the effect of turning a contractual relationship based on the will of the parties into service by compulsion of law. It also referred the Government to paragraph 72 of the General Survey on the abolition of forced labour which states that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training.

The Committee asks the Government to provide information on the practical effect given to section 105 on the resignation of career servicemen, particularly the length of the period of engagement required for entrance to a military training college and the period required after specialized training.

The Committee notes that the Government’s last report contains no information on these matters. It hopes that the Government will be in a position to provide the information requested with its next report.

The Committee notes the information contained in the report submitted by Chad to the Committee on the Rights of the Child (CRC/C/3/Add.50) to the effect that although the law stipulates the age for recruitment into the armed forces (18 years), minors are recruited to serve as soldiers. The Committee notes that a Department of Children has been set up under the Ministry for Women and Social Affairs which is responsible for combating the enlistment of children into the army (paragraph 126). The Committee asks the Government to provide information on the activities of the above department and on any other measures taken to protect children from forced recruitment and the sanctions imposed on those responsible for such recruitment.

The Committee takes note of the information sent to the ILO by the Trade Union Confederation of Chad concerning the application of the Convention, to the effect that citizens are recruited by force into the army as soldiers and are thereafter subjected to arduous work or forced to work in conditions which are unacceptable. They are reportedly forced to serve as guinea pigs or guides in minefields at the risk of their personal safety or their lives.

The Committee asks the Government to provide information on these allegations.

The Government is asked to supply copies of the following legislative texts:

-  Decree No. 371/77/CSM/MJ of 9 November 1977 establishing the prison regulations;

-  Ordinance No. 001/PCE/CEDNACVG/91 of 16 January 1991 to reorganize the armed forces;

-  the Charter of Rights and Freedoms;

-  Decree No. 100/Social affairs on the protection of children and young persons;

-  Ordinance No. 12-67-PR-MJ of 9 June 1967 issuing the Penal Code;

-  the Code of Penal Procedure.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee has been referring for many years to the provisions of section 982 of the Tax Code (formerly 260bis) which allows authorities to impose labour for the purpose of tax collection, and article 2 of Act No. 14 of 13 November 1959 under which persons convicted of penal offences can be subjected, by administrative decision, to work which is in the public interest.

The Committee again notes that, according to the Government’s report, these provisions have not yet been amended or repealed although the Government has repeatedly stated that this was its intent. The Committee hopes that the Government will take the necessary measures without further delay to ensure that the Convention is observed on these points.

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

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Freedom of persons in the service of the State to leave their employment

The Committee noted previously that according to Ordinance No. 006 PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, permanent termination of military status results from resignation, dismissal, retirement or death (section 103). According to section 104, the initiative for resignation lies with the member of the armed forces and will be accepted (section 105) only "for exceptional reasons when the member has not reached the end of the period required for entrance to military training schools" and when the person "has received specialized training and has not reached the end of the period during which he undertook to remain in service". Section 93(2) provides that a member of the armed forces who applies for retirement will be placed in retirement only if the time during which he undertook to remain in service after specialized training has expired.

The Committee reminded the Government that statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length have the effect of turning a contractual relationship based on the will of the parties into service by compulsion of law. It also referred the Government to paragraph 72 of the General Survey on the abolition of forced labour which states that career servicemen are entitled to leave the service in time of peace, within a reasonable period, either at specified intervals, or with previous notice or subject to proportional reimbursement over a certain period of the cost of training.

The Committee asks the Government to provide information on the practical effect given to section 105 on the resignation of career servicemen, particularly the length of the period of engagement required for entrance to a military training college and the period required after specialized training.

The Committee notes that the Government’s last report contains no information on these matters. It hopes that the Government will be in a position to provide the information requested with its next report.

The Committee notes the information contained in the report submitted by Chad to the Committee on the Rights of the Child (CRC/C/3/Add.50) to the effect that although the law stipulates the age for recruitment into the armed forces (18 years), minors are recruited to serve as soldiers. The Committee notes that a Department of Children has been set up under the Ministry for Women and Social Affairs which is responsible for combating the enlistment of children into the army (paragraph 126). The Committee asks the Government to provide information on the activities of the above department and on any other measures taken to protect children from forced recruitment and the sanctions imposed on those responsible for such recruitment.

The Committee takes note of the information sent to the ILO by the Trade Union Confederation of Chad concerning the application of the Convention, to the effect that citizens are recruited by force into the army as soldiers and are thereafter subjected to arduous work or forced to work in conditions which are unacceptable. They are reportedly forced to serve as guinea pigs or guides in minefields at the risk of their personal safety or their lives.

The Committee asks the Government to provide information on these allegations.

The Government is asked to supply copies of the following legislative texts:

-  Decree No. 371/77/CSM/MJ of 9 November 1977 establishing the prison regulations;

-  Ordinance No. 001/PCE/CEDNACVG/91 of 16 January 1991 to reorganize the armed forces;

-  the Charter of Rights and Freedoms;

-  Decree No. 100/Social affairs on the protection of children and young persons;

-  Ordinance No. 12-67-PR-MJ of 9 June 1967 issuing the Penal Code;

-  the Code of Penal Procedure.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has been referring for many years to the provisions of section 982 of the Tax Code (formerly 260bis) which allows authorities to impose labour for the purpose of tax collection, and article 2 of Act No. 14 of 13 November 1959 under which persons convicted of penal offences can be subjected, by administrative decision, to work which is in the public interest.

The Committee again notes that, according to the Government’s report, these provisions have not yet been amended or repealed although the Government has repeatedly stated that this was its intent. The Committee hopes that the Government will take the necessary measures without further delay to ensure that the Convention is observed on these points.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's statement in its report, that the Government will act on the comments of the Committee on this Convention and others, and measures will be adopted to bring legislation into conformity with the Convention.

In previous comments, the Committee asked the Government to communicate copies of legislation governing military service. It noted the Government's intention to amend or repeal section 2 of Act No. 14 of 13 November 1959 allowing the use of persons sentenced by administrative decision to work in the public interest, contrary to Article 2(2)(c) of the Convention. The Committee also noted the Government's intention to repeal section 982 of the General Code of Direct Taxes, which empowers the authorities to exact labour for the recovery of taxes, also contrary to the Convention (Article 2(1)). In a direct request, the Committee sought information on the freedom of persons in state service to leave their employment, particularly career military personnel.

The Committee hopes the Government will be able to send the information asked for with its next report indicating progress made in relation to legislation and to supply copies of the texts governing military service, as requested before.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Freedom of persons in the service of the State to terminate their employment. The Committee notes the provisions of Ordinance No. 006 PR/92 of 28 April 1992 issuing the general conditions of service of military personnel under which final termination of military status results from resignation, destitution, retirement or death (section 103). Under section 104, the initiative for resignation lies with the member of the armed forces and will be accepted (section 105) only "for exceptional reasons when the member has not reached the end of the commitment required for entrance to military training schools" and when he has "received specialized training and has not reached the end of the period during which he undertook to remain in service". Section 93(2) provides that, at his request, the member of the armed forces is retired only if the time during which he has undertaken to remain in service after specialized training has expired.

The Committee reminds the Government that the legal provisions preventing a worker engaged for an indeterminate period from terminating his employment with reasonable notice have the effect of transforming a contractual relationship based on the will of the parties into a service exacted by the law and are incompatible with the Conventions on forced labour. Furthermore, the Committee refers the Government to paragraph 72 of the General Survey on the abolition of forced labour which lays down that career members of the armed forces have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, or with the possibility of reimbursing the cost of training in proportion to the remaining period of the engagement.

The Committee requests the Government to supply information on the application in practice of section 105 on the resignation of career members of the armed forces, specifically in regard to the length of engagement required for entrance to the military training college and the period required after receiving specialized training.

2. The Committee also refers to section 61 of Ordinance No. 006 of 1992 which lays down that the conditions of recruitment to the reserve officer corps, of service under a contract, of termination of contract, of departure on expiry of the contract and the associated rights are stipulated by the special statute on reserve members of the armed forces. The Committee requests the Government to supply a copy of this instrument.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. In its previous comments, the Committee referred to Ordinance No. 2 of 27 May 1961 on the organization and recruitment of the armed forces, and Decree No. 9 of 6 January 1962 on the recruitment of the army, which permit the assignment of conscripts to work of general interest.

The Committee also noted the Government's statement that the above-mentioned texts were repealed by Ordinance No. 19/PR/MD/AC of 1972 which was in turn repealed by Ordinance No. 006 PR/92 of 28 April 1992, issuing the general conditions of service of military personnel and of which a copy was supplied.

Given that the matter previously raised related to the assignment of conscripts to work which was not purely of a military character -- which is contrary to the provisions of the Convention -- and that Ordinance No. 006 PR/92 of 1992 issuing the general conditions of service of military personnel contains no provisions relating to military service, the Committee requests the Government to supply copies of the texts governing military service with its next report.

2. Since 1962, the Committee is referring to section 2 of Act No. 14 of 13 November 1959 which provides that persons who have been sentenced for any crime or offence can be used for work of public interest during a period the duration of which will be determined by an order of the Prime Minister but which must not exceed one-third of the length of the restriction as to residence.

The Committee noted that under this provision, penitentiary labour can be imposed by the administrative authorities and requested the Government to repeal the provision in question so that, in accordance with the Convention, penitentiary labour may be imposed only by decision of a court of law.

The Committee notes the Government's information in its latest report to the effect that the Ministry of the Public Service, Labour, Promotion of Employment and Modernization is currently consulting with the Ministry of Finances and the Ministry of the Interior on the question of repealing or amending section 2 of Act No. 14 of 13 November 1959. The Committee trusts that the Government will repeal or amend the provision in question in the near future and will inform of any progress made in this matter.

3. For more than 20 years, the Committee has been referring in its comments to the provisions of section 982 of the General Code of Direct Taxes which empowers the authorities to exact labour for the recovery of taxes and has asked the Government to amend this provision to bring it into conformity with the Convention.

In its latest report, the Government mentions the current dialogue between the Ministries of Labour, Justice and the Interior on repealing section 982 of the General Code of Direct Taxes. The Committee notes this information and trusts that the Government will repeal this provision in the near future.

The Committee is addressing a direct request to the Government on other matters.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. For more than 20 years, the Committee has been referring to the provisions of section 982 (former 260bis) of the General Code of Direct Taxes, empowering the authorities to exact labour for the recovery of taxes.

The Committee notes from the Government's report that this provision has still not been repealed despite the reiterated statements of the Government to this effect. It hopes that the Government will take the necessary measures in the very near future to ensure compliance with the Convention on this point.

2. The Committee notes that the Ministry of Territorial Administration was seized with the issue of amending or repealing the provision of section 2 of Act No. 14 of 13 November 1959, empowering the authorities to exact forced labour for work of public interest from persons subjected to restrictions as to residence, following completion of a sentence. The Committee expresses again the hope that the Government will be able to report progress on this matter in the near future.

3. From the information communicated by the Government, the Committee noted that the provisions providing for the assignment of conscripts to work of general interest were repealed by Ordinance No. 006 PR-92 of 28 April 1992 and asked the Government to send it a copy of the text. In its latest report, the Government indicates that a copy of the text will be sent later. The Committee hopes that it will soon be made available so as to enable the Committee to ascertain compliance with the Convention on this point.

[The Government is asked to supply full particulars to the Conference at its 85th Session and to report in detail in 1997.]

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It must, therefore, repeat its previous observation on the following matters:

In comments it has been making for many years, the Committee has drawn attention to certain provisions that are contrary to the Convention and section 5 of the Labour Code, namely: -- section 260 bis of the General Code of Direct Taxes (Act No. 28-62 of 28 December 1962) empowering the authorities to exact labour for the recovery of taxes; -- section 2 of Act No. 14 of 13 November 1959 empowering the authorities to exact forced labour for work of public interest from persons subjected to restrictions as to residence, following completion of a sentence; -- section 7, paragraph 4, of Ordinance No. 2 of 27 May 1961 on the organization and recruitment of the armed forces, and sections 3 and 4 of Decree No. 9 of 6 January 1962 on the recruitment of the army, providing for the assignment of conscripts to work of general interest. The Committee noted the Government's statement in its report for the period ending 30 June 1991 that section 260 bis of the General Code of Direct Taxes was to be repealed by the Finance Act of 1992. It requested the Government to provide a copy of the Finance Act as adopted. The Committee also noted the Government's indications that, with regard to the other texts referred to above, it had been decided that the various ministerial departments were to be responsible for repealing or amending the texts falling within their competence. The Committee once again expresses the hope that the Government will shortly be able to report that progress has been made in this respect and that it will provide a copy of the texts adopted.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

In the comments that it has been making for many years, the Committee has drawn the Government's attention to a number of provisions that are contrary to the Convention and section 5 of the Labour Code, namely:

- section 260 bis of the General Code of Direct Taxes, which empowers the authorities to exact labour for the recovery of taxes. The Committee notes the Government's indication that section 982 of the new Tax Code retains the same provision as section 260 bis. The Committee requests the Government to take the necessary measures to ensure compliance with the Convention on this matter and asks it to provide a copy of the new Tax Code.

- section 2 of Act No. 14 of 13 November 1959, which empowers the authorities to exact forced labour for work of public interest from persons subjected to restrictions as to residence following the completion of their sentence. The Committee notes the Government's indications concerning the establishment of an inter-ministerial commission responsible for bringing the law into conformity with international labour standards. The Committee once again hopes that the Government will be in a position to report progress in this respect and that it will supply copies of the adopted texts.

- section 7(4) of Ordinance No. 2 of 27 May 1961 respecting the organization and recruitment of the armed forces, and sections 3 and 4 of Decree No. 9 of 6 January 1962 respecting the recruitment of the army, which permit the assignment of conscripts to work of general interest.

The Committee notes the Government's statement that these provisions were repealed by Ordinance No. 19/PR/MD-AC of 29 July 1972 (general conditions of service of military personnel), which was in turn repealed by Ordinance No. 006/PR/92 of 28 April 1992, issuing the general conditions of service of military personnel.

The Committee requests the Government to supply a copy of Ordinance No. 006/PR/92.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

In comments it has been making for many years, the Committee has drawn attention to certain provisions that are contrary to the Convention and section 5 of the Labour Code, namely: - section 260 bis of the General Code of Direct Taxes (Act No. 28-62 of 28 December 1962) empowering the authorities to exact labour for the recovery of taxes; - section 2 of Act No. 14 of 13 November 1959 empowering the authorities to exact forced labour for work of public interest from persons subjected to restrictions as to residence, following completion of a sentence; - section 7, paragraph 4, of Ordinance No. 2 of 27 May 1961 on the organisation and recruitment of the armed forces, and sections 3 and 4 of Decree No. 9 of 6 January 1962 on the recruitment of the army, providing for the assignment of conscripts to work of general interest. The Committee noted the Government's statement in its report for the period ending 30 June 1991 that section 260 bis of the General Code of Direct Taxes was to be repealed by the Finance Act of 1992. It requested the Government to provide a copy of the Finance Act as adopted. The Committee also noted the Government's indications that, with regard to the other texts referred to above, it had been decided that the various ministerial departments were to be responsible for repealing or amending the texts falling within their competence. The Committee once again expresses the hope that the Government will shortly be able to report that progress has been made in this respect and that it will provide a copy of the texts adopted.

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

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In comments it has been making for many years, the Committee has drawn attention to certain provisions that are contrary to the Convention and section 5 of the Labour Code, namely:

- section 260 bis of the General Code of Direct Taxes (Act No. 28-62 of 28 December 1962) empowering the authorities to exact labour for the recovery of taxes;

- section 2 of Act No. 14 of 13 November 1959 empowering the authorities to exact forced labour for work of public interest from persons subjected to restrictions as to residence, following completion of a sentence;

- section 7, paragraph 4, of Ordinance No. 2 of 27 May 1961 on the organisation and recruitment of the armed forces, and sections 3 and 4 of Decree No. 9 of 6 January 1962 on the recruitment of the army, providing for the assignment of conscripts to work of general interest.

The Committee notes the Government's statement in its report that section 260 bis of the General Code of Direct Taxes is to be repealed by the Finance Act of 1992. It requests the Government to provide a copy of the Finance Act as adopted. The Committee also notes the Government's indications that, with regard to the other texts referred to above, it has been decided that the various ministerial departments are to be responsible for repealing or amending the texts falling within their competence.

The Committee once again expresses the hope that the Government will shortly be able to report that progress has been made in this respect and that it will provide a copy of the texts adopted.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous comments, the Committee noted the indication by the Government that a number of legal provisions contrary to the Convention and to section 5 of the Labour Code as in force were to be repealed, namely:

- section 260bis of the General Code of Direct Taxes (Act No.28-62 of 28 December 1962) empowering the authorities to exact labour for the recovery of taxes;

- section 2 of Act No. 14 of 13 November 1959, empowering the authorities to exact forced labour for work of public interest from persons subjected to restrictions as to residence, following completion of a sentence;

- section 7, paragraph 4 of Ordinance No. 2 of 27 May 1961 on the organisation and recruitment of the armed forces and sections 3 and 4 of Decree No. 9 of 6 January 1962 on the recruitment of the army, providing for the assignment of conscripts to work of general interest.

The Committee notes from the Government's report that draft legislation to repeal the above texts has been submitted to the competent authority.

The Committee hopes that the Government will soon be able to report that the above drafts have been adopted and to provide a copy of them.