Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Tchad (Ratification: 2000)

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

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

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

2. Debt bondage, serfdom and forced or compulsory labour. In its previous comments, the Committee noted that, although forced labour, including debt bondage and slavery, is banned under the national legislation, particularly by Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (Labour Code), the practice of exploiting boys between 6 and 15 years of age to look after cattle (child herders) exists in Chad. This practice involves a contract for the hirer of services concluded between the child’s parents or guardians and a stockbreeder who owns the cattle. The boy is paid in kind – one animal after one year’s work – but he is placed in semi-slavery where it is difficult to maintain his identity and personality. The Committee once again expressed its serious concern at the existence of this practice in Chad.

The Committee notes the Government’s assertion that it will spare no efforts to guarantee the protection of children against the practice of using children as herders. Recalling once again that, pursuant to Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency, the Committee reiterates its request to the Government to take the necessary urgent measures to ensure that young persons under 18 years of age are protected against the practice of working as child herders. It also requests the Government once again to ensure that offenders are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons convicted for this practice. It requests the Government to supply information on this matter in its next report.

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

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

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

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

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

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that Chad was making progress towards achieving the goal of education for all by 2015 but had little chance of achieving it. In addition, it was unlikely that the country would achieve gender parity by 2025. It nevertheless noted that the Committee on the Rights of the Child, in its concluding observations of February 2009 (CRC/C/TCD/CO/2, paragraph 67), welcomed the adoption of a ten-year support programme for the reform of the education system (2004–15).

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

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

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

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

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

3. Child domestic workers. The Committee previously noted that, in practice, children were employed in exploitative domestic work. The Committee noted the Government’s indication that the sector was in the process of being regulated. Noting once again the lack of information on this matter in the Government’s report, the Committee urges the Government to provide information on the time-bound measures taken to protect child domestic workers from the worst forms of child labour, to remove them from such labour and to provide the necessary and appropriate direct assistance to ensure their rehabilitation and social integration, particularly by the setting up of shelters with the necessary resources. It also reiterates its request to the Government to provide a copy of the regulations governing domestic work, once they have been adopted.

4. Mouhadjirin (talibés) children. The Committee previously noted the Government’s indication that measures had been taken to raise parents’ awareness of, in particular, the phenomenon of mouhadjirin children. However, it felt bound to express its concern at the use of these children for purely economic reasons. The Committee recalled that although the issue of seeking alms as an educational tool fell outside the scope of the Committee’s mandate, it was clear that the use of children for begging for purely economic ends could not be accepted under the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 483). Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to supply specific information, in its next report, on the time-bound measures taken to prevent the engagement of mouhadjirin children under 18 years of age in forced or compulsory labour, such as begging. Furthermore, it requests the Government to indicate the effective and time-bound measures taken to remove mouhadjirin children from this type of labour and to ensure their rehabilitation and social integration, and to provide information on the results achieved.