Solicitud directa (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Chad (Ratificación : 2000)

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

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

The Committee notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 4 November 2011, expresses concern at the fact that trafficking in persons is not defined as an offence in the Penal Code. It is also concerned at reports about cases of children, particularly girls, who are sold by their parents to relatives or strangers, and also about cases of girls who are kidnapped and sent to N’Djamena or other regions (CEDAW/C/TCD/CO/1-4, paragraph 24). The Committee again reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of young persons under 18 years of age for economic or sexual exploitation are considered to be among the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies the Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee again requests the Government to take immediate and effective measures to ensure, in practice, the protection of young persons under 18 years of age against sale and trafficking. It requests the Government to take immediate measures to ensure that the sale and trafficking of young persons under 18 years of age is actually prohibited by the national legislation and, consequently, to supply information on the application of the relevant provisions which prohibit this worst form of child labour in practice, including statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed.

2. Debt bondage, serfdom and forced or compulsory labour. In its previous comments, the Committee noted that, under article 20 of the Constitution of 31 March 1996, no person may be held in slavery or servitude. It also noted that, under section 5 of Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (Labour Code), forced or compulsory labour is prohibited. However, the Committee noted that the Independent Expert on the situation of human rights in Chad, in her report of January 2005 (E/CN.4/2005/121, paragraphs 57 and 86), referred to the practice in Chad of exploiting boys between 6 and 15 years of age to look after cattle (child herders). This involves a contract for the hire of services concluded between the child’s parents or guardians and a stockbreeder who owns the cattle. The boy is paid in kind – one animal after one year’s work – but he is placed in semi-slavery where it is difficult to maintain his identity and personality. The Committee noted the Government’s statement, in its report to the CRC in June 2007 (CRC/C/TCD/2, paragraphs 294–295), that cases of children being abducted for this purpose had been reported. The Committee further noted that the CRC, in its concluding observations of February 2009 (CRC/C/TCD/CO/2, paragraph 77), expressed concern at the problem of the child herders.

Even though the national legislation on this subject is in conformity with the Convention and the Government is still undertaking a campaign to raise public awareness of this problem, the Committee again expresses serious concern at the continued existence of this practice in Chad. Noting the lack of information on this matter in the Government’s report, the Committee again observes that, although awareness-raising campaigns are very important, they are insufficient when not accompanied by other measures to eliminate such a practice. Recalling once again that, pursuant to Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency, the Committee again requests the Government to take the necessary measures, as a matter of urgency, to ensure that young persons under 18 years of age are protected against the practice of working as child herders. It also requests the Government once again to ensure that offenders are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons convicted for this practice. It requests the Government to supply information on this matter in its next report.

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

Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes the Government’s statement that the Ministry of Public Safety has a department for the combating of drug trafficking and prohibits the use of children in such activities. However, the Committee notes that the Government does not provide any information on the prohibition of this worst form of child labour in the national legislation. The Committee, therefore, again expresses the hope that, as part of the amendment of the Penal Code, the Government will take steps to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, as defined by the relevant international Conventions. It again requests the Government to supply information in this respect. It also requests the Government to provide information on the department for the combating of drug trafficking and what action it takes to prohibit the use of young persons under 18 years of age for illicit activities.

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

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that, according to UNICEF statistics for 2006, the net attendance rate in primary education was 41 per cent for boys and 31 per cent for girls, and in secondary education it was 13 per cent for boys and 7 per cent for girls. The Committee further noted that, according to the 2008 Education for All Global Monitoring Report published by UNESCO, progress had been made in reducing the gender gap in education but there were still substantial disparities, to the disadvantage of girls. According to the UNESCO report, Chad was making progress but had little chance of achieving the goal of education for all by 2015. In addition, it was unlikely that the country would achieve gender parity by 2025. The Committee noted the Government’s indication in its report to the CRC in June 2007 (CRC/C/TCD/2, paragraph 225) that a girls’ education unit had been set up. It also noted that the CRC, in its concluding observations of February 2009 (CRC/C/TCD/CO/2, paragraph 67), welcomed the adoption of a ten-year support programme for reform of the education system (2004–15), the integration of education in the poverty reduction strategy and the cooperation with local communities, many of which accept responsibility for the schools placed under their authority.

The Committee notes the Government’s indication that steps continue to be taken to provide education for children, in particular girls. However, observing that the Government does not provide any information on the impact of these measures on the school enrolment rates and gender parity, the Committee again expresses serious concern at the low net school attendance rate, at both primary and secondary levels, and at the gender gap, to the disadvantage of girls. Considering that education contributes towards preventing the engagement of children in the worst forms of child labour, the Committee again urges the Government to intensify its efforts to improve the functioning of the education system in the country. It again urges the Government to supply information on the effective and time-bound measures taken to increase the school attendance rates, at both primary and secondary levels, and to reduce the gender gap in access to education, with particular emphasis on girls. The Committee urges the Government to provide information on the results achieved.

Clause (b). Removal of children from the worst forms of child labour and assistance for their rehabilitation and social integration. Child herders. The Committee previously noted the Government’s indication in its report to the CRC in June 2007 (CRC/C/TCD/2, paragraph 53) that UNICEF and other development partners had supported the implementation of a project to combat the use of child herders.

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

Clause (d). Children at special risk. 1. Street children. The Committee previously noted the Government’s reference, in its report to the CRC in June 2007, to a 2003 UNICEF study on children in need of special protection, according to which 7,031 such children were identified as living or working in the streets (CRC/C/TCD/2, paragraphs 301 and 302). The Committee also noted that the CRC, in its concluding observations of February 2009 (CRC/C/TCD/CO/2, paragraph 75), expressed concern at the high number of children living in the streets, predominantly children living in poverty and at heightened risk of sexual and economic exploitation. The CRC also expressed concern at the lack of specialized institutions or shelters to address the needs of these children. The Committee reminded the Government that street children are particularly vulnerable to the worst forms of child labour.

The Committee notes the lack of information on this matter in the Government’s report. In view of the large number of children living in the streets, the Committee urges the Government to take effective and time-bound measures to protect street children from the worst forms of child labour, and to ensure the rehabilitation and social integration of children removed from the streets, particularly through the setting up of specialized institutions or shelters. It also requests the Government to provide information in its next report on the results achieved.

2. HIV/AIDS orphans. Further to its previous comments, the Committee notes that, according to the report of 31 March 2012 on action to combat HIV/AIDS taken by Chad in 2010–11, the “National strategic framework for combating HIV/AIDS 2007–11”, which covered all aspects of the response to HIV/AIDS, particularly community-level prevention, care and treatment, coverage and support, was revamped and renewed for 2012–15. However, the Committee notes with concern that, according to UNAIDS estimates, there are some 180,000 children orphaned as a result of HIV/AIDS in Chad. The Committee again recalls that HIV/AIDS has adverse consequences for orphans because they are at increased risk of becoming involved in the worst forms of child labour. The Committee, therefore, again requests the Government to supply information in its next report on specific effective and time-bound measures taken, within the national strategic framework, to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour and to ensure their rehabilitation and social integration.

3. Child domestic workers. In its previous comments the Committee noted the Government’s indication that it had found in practice that children were employed in exploitative domestic work. The Committee noted the Government’s indication that the sector was in the process of being regulated. It also noted that children, particularly young girls, employed in domestic work were often the victims of exploitation, which assumed diverse forms, and that it was difficult to monitor their conditions of employment because of the “unseen” nature of this work. Noting the lack of information on this matter in the Government’s report, the Committee again requests the Government to provide information on the effective and time-bound measures taken to protect child domestic workers from the worst forms of child labour, to remove them from such labour and to provide the necessary and appropriate direct assistance to ensure their rehabilitation and social integration, particularly by the setting up of shelters with the necessary resources. It also repeats its request to the Government to provide a copy of the regulations governing domestic work, once they have been adopted.

4. Mouhadjirin (talibé) children. The Committee previously noted the Government’s statement in its report to the CRC in June 2007 (CRC/C/TCD/2, paragraph 79) that a study regarding the problem of mouhadjirin children in N’Djamena was undertaken in 2005 and this provided a clearer picture of the problem. The Committee also noted that the CRC, in its concluding observations on the periodic report of the Government of February 2009 (CRC/C/TCD/CO/2, paragraph 77), expressed concern at the problem of mouhadjirin children.

The Committee notes the Government’s indication that measures have been taken to raise parents’ awareness of, in particular, the phenomenon of mouhadjirin children. However, the Committee is bound to repeat its concern at the use of these children for purely economic purposes. The Committee recalls that, while the issue of seeking alms as an educational tool falls outside the scope of the Committee’s mandate, it is clear that the use of children for begging for purely economic ends cannot be accepted under the Convention (see 2012 General Survey on the fundamental Conventions concerning rights at work, paragraph 483). The Committee again requests the Government to supply detailed information, in its next report, on the time-bound measures taken to prevent the engagement of mouhadjirin children under 18 years of age in forced or compulsory labour, such as begging. Furthermore, it requests the Government to indicate the effective and time-bound measures taken to remove mouhadjirin children from this type of labour and ensure their rehabilitation and social integration, and to provide information on the results achieved.