Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Repetition

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 46), despite progress in the implementation of the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad, and although the national army of Chad did not recruit children as a matter of policy, the country task force verified 34 cases of recruitment of children by the army during the reporting period. The 34 children appeared to have been enlisted in the context of a recruitment drive in February–March 2012, during which the army gained 8,000 new recruits. In this respect, the Committee noted the new roadmap of May 2013, adopted further to the review of the implementation of the action plan concerning children associated with the armed forces and armed groups in Chad and aimed at achieving full observance of the 2011 action plan by the Government of Chad and the United Nations task force. The Committee observed that, in the context of the roadmap, one of the priorities was to speed up the adoption of the preliminary draft of the Child Protection Code, which prohibits the recruitment and use of young persons under 18 years of age in the national security forces and lays down penalties to that effect. Moreover, during 2013 it was planned to establish transparent, effective and accessible complaint procedures regarding cases of recruitment and use of children, and also to adopt measures for the immediate and independent investigation of all credible allegations of recruitment or use of children, for the persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

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

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

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. Children who have been enlisted and used in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraph 49), the actions taken by the Government for the release, temporary care and reunification of separated children, while encouraging, were not yet in line with the commitments made in the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Repetition

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 46), despite progress in the implementation of the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad, and although the national army of Chad did not recruit children as a matter of policy, the country task force verified 34 cases of recruitment of children by the army during the reporting period. The 34 children appeared to have been enlisted in the context of a recruitment drive in February–March 2012, during which the army gained 8,000 new recruits. In this respect, the Committee noted the new roadmap of May 2013, adopted further to the review of the implementation of the action plan concerning children associated with the armed forces and armed groups in Chad and aimed at achieving full observance of the 2011 action plan by the Government of Chad and the United Nations task force. The Committee observed that, in the context of the roadmap, one of the priorities was to speed up the adoption of the preliminary draft of the Child Protection Code, which prohibits the recruitment and use of young persons under 18 years of age in the national security forces and lays down penalties to that effect. Moreover, during 2013 it was planned to establish transparent, effective and accessible complaint procedures regarding cases of recruitment and use of children, and also to adopt measures for the immediate and independent investigation of all credible allegations of recruitment or use of children, for the persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

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

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

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. Children who have been enlisted and used in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraph 49), the actions taken by the Government for the release, temporary care and reunification of separated children, while encouraging, were not yet in line with the commitments made in the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Repetition

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 46), despite progress in the implementation of the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad, and although the national army of Chad did not recruit children as a matter of policy, the country task force verified 34 cases of recruitment of children by the army during the reporting period. The 34 children appeared to have been enlisted in the context of a recruitment drive in February–March 2012, during which the army gained 8,000 new recruits. In this respect, the Committee noted the new roadmap of May 2013, adopted further to the review of the implementation of the action plan concerning children associated with the armed forces and armed groups in Chad and aimed at achieving full observance of the 2011 action plan by the Government of Chad and the United Nations task force. The Committee observed that, in the context of the roadmap, one of the priorities was to speed up the adoption of the preliminary draft of the Child Protection Code, which prohibits the recruitment and use of young persons under 18 years of age in the national security forces and lays down penalties to that effect. Moreover, during 2013 it was planned to establish transparent, effective and accessible complaint procedures regarding cases of recruitment and use of children, and also to adopt measures for the immediate and independent investigation of all credible allegations of recruitment or use of children, for the persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

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

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

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. Children who have been enlisted and used in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraph 49), the actions taken by the Government for the release, temporary care and reunification of separated children, while encouraging, were not yet in line with the commitments made in the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Repetition

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 46), despite progress in the implementation of the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad, and although the national army of Chad did not recruit children as a matter of policy, the country task force verified 34 cases of recruitment of children by the army during the reporting period. The 34 children appeared to have been enlisted in the context of a recruitment drive in February–March 2012, during which the army gained 8,000 new recruits. In this respect, the Committee noted the new roadmap of May 2013, adopted further to the review of the implementation of the action plan concerning children associated with the armed forces and armed groups in Chad and aimed at achieving full observance of the 2011 action plan by the Government of Chad and the United Nations task force. The Committee observed that, in the context of the roadmap, one of the priorities was to speed up the adoption of the preliminary draft of the Child Protection Code, which prohibits the recruitment and use of young persons under 18 years of age in the national security forces and lays down penalties to that effect. Moreover, during 2013 it was planned to establish transparent, effective and accessible complaint procedures regarding cases of recruitment and use of children, and also to adopt measures for the immediate and independent investigation of all credible allegations of recruitment or use of children, for the persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

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

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

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. Children who have been enlisted and used in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraph 49), the actions taken by the Government for the release, temporary care and reunification of separated children, while encouraging, were not yet in line with the commitments made in the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Repetition

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 46), despite progress in the implementation of the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad, and although the national army of Chad did not recruit children as a matter of policy, the country task force verified 34 cases of recruitment of children by the army during the reporting period. The 34 children appeared to have been enlisted in the context of a recruitment drive in February–March 2012, during which the army gained 8,000 new recruits. In this respect, the Committee noted the new roadmap of May 2013, adopted further to the review of the implementation of the action plan concerning children associated with the armed forces and armed groups in Chad and aimed at achieving full observance of the 2011 action plan by the Government of Chad and the United Nations task force. The Committee observed that, in the context of the roadmap, one of the priorities was to speed up the adoption of the preliminary draft of the Child Protection Code, which prohibits the recruitment and use of young persons under 18 years of age in the national security forces and lays down penalties to that effect. Moreover, during 2013 it was planned to establish transparent, effective and accessible complaint procedures regarding cases of recruitment and use of children, and also to adopt measures for the immediate and independent investigation of all credible allegations of recruitment or use of children, for the persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

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

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

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. Children who have been enlisted and used in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraph 49), the actions taken by the Government for the release, temporary care and reunification of separated children, while encouraging, were not yet in line with the commitments made in the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Repetition

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 46), despite progress in the implementation of the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad, and although the national army of Chad did not recruit children as a matter of policy, the country task force verified 34 cases of recruitment of children by the army during the reporting period. The 34 children appeared to have been enlisted in the context of a recruitment drive in February–March 2012, during which the army gained 8,000 new recruits. In this respect, the Committee noted the new roadmap of May 2013, adopted further to the review of the implementation of the action plan concerning children associated with the armed forces and armed groups in Chad and aimed at achieving full observance of the 2011 action plan by the Government of Chad and the United Nations task force. The Committee observed that, in the context of the roadmap, one of the priorities was to speed up the adoption of the preliminary draft of the Child Protection Code, which prohibits the recruitment and use of young persons under 18 years of age in the national security forces and lays down penalties to that effect. Moreover, during 2013 it was planned to establish transparent, effective and accessible complaint procedures regarding cases of recruitment and use of children, and also to adopt measures for the immediate and independent investigation of all credible allegations of recruitment or use of children, for the persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.

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

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

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. Children who have been enlisted and used in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraph 49), the actions taken by the Government for the release, temporary care and reunification of separated children, while encouraging, were not yet in line with the commitments made in the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.

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

Repetition

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

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

The Government stated in its report that there is no precise information concerning the trafficking of Chadian children to the Central African Republic and Cameroon. The Committee further noted that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Chad in February 2009 (CRC/C/TCD/CO2, paragraphs 79–80), expressed concern over reports that children have been kidnapped and trafficked abroad. It also expressed concern over the fact that the perpetrators of trafficking of children are not brought to justice. The Committee observed that, even though the national legislation prohibits the sale and trafficking of children, the problem exists in practice. The Committee reminded the Government that, under Article 3(a) of the Convention, the sale and trafficking of young persons under 18 years of age for economic or sexual exploitation are considered to be among the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies the Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take immediate and effective measures to ensure the prevention in practice of the sale and trafficking of young persons under 18 years of age. It also requests the Government to supply information on the application of the provisions of the Penal Code which prohibit this worst form of child labour in practice, including, in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed.

Debt bondage, serfdom and forced or compulsory labour. In its previous comments the Committee noted that the Independent Expert on the situation of human rights in Chad, in her report entitled “Situation of human rights in Chad” published in January 2005 (E/CN.4/2005/121, paragraphs 57 and 86), referred to the practice in Chad of exploiting boys to look after cattle – child herders. This involves a contract for the hire of services concluded between the child’s parents or guardians and a stockbreeder who owns the cattle. The boy is paid in kind – one animal after one year’s work – but he is placed in semi-slavery where it is difficult to maintain his identity and personality. The Independent Expert also referred to the report of a mission to investigate human rights in the Mandoul region published in August 2004 by the National Human Rights Commission (CNDH), which provides a detailed account of the practice, the facts of which are corroborated by copies of signed contracts. According to this report, the child herders are between 6 and 15 years of age. The Committee noted that, under article 20 of the Constitution of 31 March 1996, no person may be held in slavery or servitude. It also noted that, under section 5 of Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (Labour Code), forced or compulsory labour is prohibited.

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

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

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

Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee noted the Government’s statement that no measures have been taken to give effect to the Convention on this point. The Committee therefore expresses the hope that, as part of the amendment of the Penal Code, the Government will take steps to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, as defined by the relevant international conventions. It requests the Government to supply information in this respect.

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

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

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

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

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

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

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

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

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

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

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. With reference to its previous comments, the Committee noted that, under section 14 of Ordinance No. 01/PCE/CEDNACVG of 16 January 1991 reorganizing the armed forces of Chad [Ordinance No. 1 of 16 January 1991], the age of recruitment is 18 years for volunteers and 20 years for conscripts.

The Committee noted that, according to the report of the United Nations Secretary-General of 7 August 2008 on children and armed conflict in Chad (S/2008/532, for the period July 2007–June 2008), the political, military and security situation in the country remains highly volatile, owing to the continuation of armed conflict between the Chad armed forces and armed rebel groups, the presence in eastern Chad of foreign rebel groups, cross-border raids by the Janjaweed militia and continuing inter-ethnic tensions. The Committee noted that, according to the Secretary-General’s report, the Government of Chad and the three main rebel groups, namely the Union des forces pour la démocratie et le développement (UFDD), the Rassemblement des forces pour le changement (RFC) and the Concorde nationale tchadienne (CNT), signed a peace agreement on 25 October 2007 which provided for an immediate ceasefire. However, despite the signature of this agreement, fighting has continued and all the parties concerned have continued to recruit and use children in the conflict.

The Committee noted that the Secretary-General’s report showed that the forced recruitment and use of child soldiers in the conflict in Chad is related to the regional dimension of the conflict. The Toroboro or Sudanese armed groups allied with the Government of Chad are recruiting children from two refugee camps, at Tréguine and Bredjing, during the rainy season. Furthermore, heavy recruitment also occurs on the basis of needs in Darfur. The Sudanese rebel movement Justice and Equality Movement (JEM) continues to recruit in and around refugee camps, notably Oure Cassoni (Bahai). According to information in the Secretary General’s report, between 7,000 and 10,000 children are associated with the armed forces and armed groups. The Committee noted that the Working Group on Children and Armed Conflict, in its conclusions of December 2008 (S/AC.51/2008/15), expressed grave concern that all parties to the conflict continue to recruit and use children and called for measures to be taken to prosecute the perpetrators and put an end to impunity.

The Committee noted that the situation in Chad has been unstable for many years and that it remains fragile. The Committee also noted that, despite the fact that Ordinance No. 1 of 16 January 1991 provides that the age of recruitment is 18 years for volunteers and 20 years for conscripts, the recruitment of children for use in armed conflict is continuing in practice. In this regard, it noted that no penalties are laid down for violations of this prohibition. The Committee expressed deep concern at the current situation, especially as the persistence of the worst forms of child labour leads to other violations of the rights of the child, such as abduction, death and sexual violence. It reminded the Government that under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, members States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures as a matter of urgency to stop in practice the forced recruitment of children under 18 years of age by armed forces and groups and immediately undertake the full demobilization of all children. With reference to Security Council resolution 1612 of 26 July 2005, which recalls the “responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate steps to ensure that perpetrators are investigated and prosecuted and that penalties which are sufficiently effective and dissuasive are imposed on persons found guilty of recruiting and using children under 18 years of age in armed conflict. It requests the Government to supply information in this respect.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration, including access to free basic education and vocational training. Children who have been enlisted and used in armed conflict. Further to its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General of 7 August 2008 on children and armed conflict in Chad (S/2008/532), the Government of Chad signed an agreement with UNICEF on 9 May 2007 to ensure the release and sustainable reintegration of all child soldiers associated with armed forces and groups in the country. According to the Secretary-General’s report, since the agreement was signed, 512 child soldiers have been released to UNICEF, which has provided support at five transit centres. So far 265 children have voluntarily returned to or been reunited with their families, and 220 have been placed in schools and 85 in professional activities. Most of the demobilized children were associated with non-governmental armed groups. Very few children associated with the Chadian armed forced have been released. According to the Secretary-General’s report, negotiations are under way for placing the demobilized children in vocational training institutions and providing them with gainful employment. Some NGOs which are partners of UNICEF are currently working on the reintegration programme. Moreover, the encouraging start of disarmament, demobilization and reintegration activities in Chad is likely to lead to the release of another estimated 2,500 children associated with armed forces and groups.

The Committee also noted that, according to the Secretary-General’s report, Chad undertook to release as a matter of priority children associated with armed groups held in detention. Moreover, it decided that an inter-ministerial task force would be established to coordinate and ensure effective reintegration of children. The Committee on the Rights of the Child, in its concluding observations of February 2009 (CRC/C/TDC/CO/2, paragraph 71), urged the Government to take the necessary measures immediately to facilitate contact between armed groups operating in Chad and the United Nations in order to promote the demobilization of children and prevent the recruitment of children, particularly in refugee camps. In this regard, the Committee on the Rights of the Child urges the Government to extend the disarmament, demobilization and reintegration programme, placing particular emphasis on the demobilization and reintegration of girls.

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

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

Repetition

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

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

The Government stated in its report that there is no precise information concerning the trafficking of Chadian children to the Central African Republic and Cameroon. The Committee further noted that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Chad in February 2009 (CRC/C/TCD/CO2, paragraphs 79 and 80), expressed concern over reports that children have been kidnapped and trafficked abroad. It also expressed concern over the fact that the perpetrators of trafficking of children are not brought to justice. The Committee observed that, even though the national legislation prohibits the sale and trafficking of children, the problem exists in practice. The Committee reminded the Government that, under Article 3(a) of the Convention, the sale and trafficking of young persons under 18 years of age for economic or sexual exploitation are considered to be among the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies the Convention must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take immediate and effective measures to ensure the prevention in practice of the sale and trafficking of young persons under 18 years of age. It also requests the Government to supply information on the application of the provisions of the Penal Code which prohibit this worst form of child labour in practice, including, in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed.

Debt bondage, serfdom and forced or compulsory labour. In its previous comments the Committee noted that the Independent Expert on the situation of human rights in Chad, in her report entitled “Situation of human rights in Chad” published in January 2005 (E/CN.4/2005/121, paragraphs 57 and 86), referred to the practice in Chad of exploiting boys to look after cattle – child herders. This involves a contract for the hire of services concluded between the child’s parents or guardians and a stockbreeder who owns the cattle. The boy is paid in kind – one animal after one year’s work – but he is placed in semi-slavery where it is difficult to maintain his identity and personality. The Independent Expert also referred to the report of a mission to investigate human rights in the Mandoul region published in August 2004 by the National Human Rights Commission (CNDH), which provides a detailed account of the practice, the facts of which are corroborated by copies of signed contracts. According to this report, the child herders are between 6 and 15 years of age. The Committee noted that, under article 20 of the Constitution of 31 March 1996, no person may be held in slavery or servitude. It also noted that, under section 5 of Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (Labour Code), forced or compulsory labour is prohibited.

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

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

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

Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee noted the Government’s statement that no measures have been taken to give effect to the Convention on this point. The Committee therefore expresses the hope that, as part of the amendment of the Penal Code, the Government will take steps to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, as defined by the relevant international conventions. It requests the Government to supply information in this respect.

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

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

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

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

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

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

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

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

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

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

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. With reference to its previous comments, the Committee noted that, under section 14 of Ordinance No. 01/PCE/CEDNACVG of 16 January 1991 reorganizing the armed forces of Chad [Ordinance No. 1 of 16 January 1991], the age of recruitment is 18 years for volunteers and 20 years for conscripts.

The Committee noted that, according to the report of the United Nations Secretary-General of 7 August 2008 on children and armed conflict in Chad (S/2008/532, for the period July 2007–June 2008), the political, military and security situation in the country remains highly volatile, owing to the continuation of armed conflict between the Chad armed forces and armed rebel groups, the presence in eastern Chad of foreign rebel groups, cross-border raids by the Janjaweed militia and continuing inter-ethnic tensions. The Committee noted that, according to the Secretary-General’s report, the Government of Chad and the three main rebel groups, namely the Union des forces pour la démocratie et le développement (UFDD), the Rassemblement des forces pour le changement (RFC) and the Concorde nationale tchadienne (CNT), signed a peace agreement on 25 October 2007 which provided for an immediate ceasefire. However, despite the signature of this agreement, fighting has continued and all the parties concerned have continued to recruit and use children in the conflict.

The Committee noted that the Secretary-General’s report showed that the forced recruitment and use of child soldiers in the conflict in Chad is related to the regional dimension of the conflict. The Toroboro or Sudanese armed groups allied with the Government of Chad are recruiting children from two refugee camps, at Tréguine and Bredjing, during the rainy season. Furthermore, heavy recruitment also occurs on the basis of needs in Darfur. The Sudanese rebel movement Justice and Equality Movement (JEM) continues to recruit in and around refugee camps, notably Oure Cassoni (Bahai). According to information in the Secretary General’s report, between 7,000 and 10,000 children are associated with the armed forces and armed groups. The Committee noted that the Working Group on Children and Armed Conflict, in its conclusions of December 2008 (S/AC.51/2008/15), expressed grave concern that all parties to the conflict continue to recruit and use children and called for measures to be taken to prosecute the perpetrators and put an end to impunity.

The Committee noted that the situation in Chad has been unstable for many years and that it remains fragile. The Committee also noted that, despite the fact that Ordinance No. 1 of 16 January 1991 provides that the age of recruitment is 18 years for volunteers and 20 years for conscripts, the recruitment of children for use in armed conflict is continuing in practice. In this regard, it noted that no penalties are laid down for violations of this prohibition. The Committee expressed deep concern at the current situation, especially as the persistence of the worst forms of child labour leads to other violations of the rights of the child, such as abduction, death and sexual violence. It reminded the Government that under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, members States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures as a matter of urgency to stop in practice the forced recruitment of children under 18 years of age by armed forces and groups and immediately undertake the full demobilization of all children. With reference to Security Council resolution 1612 of 26 July 2005, which recalls the “responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate steps to ensure that perpetrators are investigated and prosecuted and that penalties which are sufficiently effective and dissuasive are imposed on persons found guilty of recruiting and using children under 18 years of age in armed conflict. It requests the Government to supply information in this respect.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration, including access to free basic education and vocational training. Children who have been enlisted and used in armed conflict. Further to its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General of 7 August 2008 on children and armed conflict in Chad (S/2008/532), the Government of Chad signed an agreement with UNICEF on 9 May 2007 to ensure the release and sustainable reintegration of all child soldiers associated with armed forces and groups in the country. According to the Secretary-General’s report, since the agreement was signed, 512 child soldiers have been released to UNICEF, which has provided support at five transit centres. So far 265 children have voluntarily returned to or been reunited with their families, and 220 have been placed in schools and 85 in professional activities. Most of the demobilized children were associated with non-governmental armed groups. Very few children associated with the Chadian armed forced have been released. According to the Secretary-General’s report, negotiations are under way for placing the demobilized children in vocational training institutions and providing them with gainful employment. Some NGOs which are partners of UNICEF are currently working on the reintegration programme. Moreover, the encouraging start of disarmament, demobilization and reintegration activities in Chad is likely to lead to the release of another estimated 2,500 children associated with armed forces and groups.

The Committee also noted that, according to the Secretary-General’s report, Chad undertook to release as a matter of priority children associated with armed groups held in detention. Moreover, it decided that an inter-ministerial task force would be established to coordinate and ensure effective reintegration of children. The Committee on the Rights of the Child, in its concluding observations of February 2009 (CRC/C/TDC/CO/2, paragraph 71), urged the Government to take the necessary measures immediately to facilitate contact between armed groups operating in Chad and the United Nations in order to promote the demobilization of children and prevent the recruitment of children, particularly in refugee camps. In this regard, the Committee on the Rights of the Child urges the Government to extend the disarmament, demobilization and reintegration programme, placing particular emphasis on the demobilization and reintegration of girls.

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

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