CHAD: Children's Rights in UN Treaty Bodies Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purposes of clarity.

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• UN Human Rights Committee
• UN Committee on Economic, Social and Cultural Rights
• UN Committee on the Elimination of Discrimination against Women
• UN Committee against Torture
• UN Committee on the Elimination of Racial Discrimination
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee

CCPR/C/CO/TCD/2

Last reported: 20 July 2012

Concluding observations published: 15 April 2014

Concerns raised:

• Female Genital Mutilation. While taking note of the different measures taken by the Stat party, including Act No. 06/PR/2002 of 15 April 2002, the Committee remains concerned by the persistent practice of female genital mutilation (FGM). The Committee is also concerned by the lack of information on sanctions faced under the law by those responsible for FGMs. (articles 2, 3, 7 and 26 of the Covenant) (paragraph 8). 
• Corporal punishment. The Committee notes with concern that corporal punishments are still inflicted on children in some Koranic schools, despite article 113, Act n°16/2006 of 13 March 2006 that forbids corporal punishment and any other forms of violence or humiliation towards students. It also notes with concern that corporal punishment is tolerated in homes. (articles 7 and 24 of the Covenant). (paragraph 14).
• Pre-trial detention of juveniles. While noting that the State party delegation committed to settle Khadidja Ousmane Mahamat's situation, and despite the Committee's previous recommendation, the Committee deplores that Khadidja is still in pre-trial detention. The Committed received alarming information according to which Khadidja, still detained and not tried since 2004, has given birth to a second child while her rapist who fathered her first child has still not been prosecuted or tried. (articles 2, 7, 9, 14, 24 of the Covenant). (paragraph 16).
• Detention. The Committee is concerned that the detainees are not separated according to age. (articles 9 and 10 of the Covenant). (paragraph 17).
• Early marriage.  The Committee notes with concern that the legislation and practice regarding minimum age for marriage lacks clarity and favours early marriages, frequent in some regions. 
• Child soldiers. While taking note of the efforts to end the recruitment of children in armed forced and to reintegrate them into society, the Committee fears that some children might not have been identified and reintegrated. (article 24). (paragraph 21).
• Child trafficking. The Committee notes with concern the persistence of human trafficking. It further notes the lack of information on this phenomenon, on the implementation and the results of the national action plan to fight the worst forms of labour, traffic and child exploitation, as well as on the prosecutions and sentences against theses responsible for trafficking. Finally, the Committee is concerned about the situation of children herders. (article 8). (paragraph 21).

(CCPR/C/TCD/CO/1)

Last reported: 16 and 17 July 2009

Concluding Observations published: 11 August 2009

Concerns raised:

• Internal displacement. The Committee notes with concern that, between 2007 and 2008, some 160,000 Chadians were internally displaced, primarily in the Dar Sila and Ouaddai regions. It regrets that measures have not been taken to protect displaced persons and to enable them to return home in safety and dignity. The Committee notes with concern that most displaced persons are under the age of 18 and that displaced women have been victims of rape and other forms of sexual violence perpetrated by militias and armed groups (articles 2, 3, 7, 12 and 24 of the Covenant) (paragraphs 13).
• Female Genital Mutilation. While taking note of Act No. 06/PR/2002 of 15 April 2002, the Committee remains concerned that female genital mutilation is practised on a considerable number of women in Chad and that, in violation of human dignity, it is carried out in one of its most severe forms (infibulation) (articles 3, 7 and 24 of the Covenant).
  The State party should strictly enforce Act No. 06/PR/2002 and bring perpetrators of genital mutilation to justice. It should also take the necessary measures to raise the Chadian population's awareness with a view to the total eradication of this practice, particularly in border communities in the eastern part of the country, where it is still very widespread (paragraph 15).
• Detention of juveniles with adults. The Committee notes with concern that, while the principle of separating accused persons from convicted persons is established in article 234 of the Chadian Code of Criminal Procedure, detention centres do not have suitable structures for separating accused persons from convicted persons or juveniles from adults (art. 10).
  The State party should institute a system for ensuring that accused persons are separated from convicted persons and juveniles are separated from other detainees, in accordance with article 10 of the Covenant (paragraph 24).
• Unregistered births. The Committee notes with concern that a very large number of births go unregistered, particularly in rural areas (articles 16 and 24 of the Covenant).
  The State party should take the necessary budgetary and other measures to guarantee that all births and all unregistered adults are registered. The deployment of mobile registration units of the civil registry should be strengthened. The Committee invites the State party to provide, in its next report, information on the results of the projects to modernise the civil registry and support measures to strengthen it, which are being implemented with support from the specialised agencies of the United Nations and the European Union (paragraph 27).
• Sexual abuse and trafficking of children. The Committee is concerned about the situation of Chadian children, which is characterised by human rights violations such as commercial sexual exploitation, kidnapping, trafficking, early marriage and modern forms of slavery in the case of child cattle-herders and domestic workers. In addition, the Committee notes that kidnappings can easily be disguised as adoptions and that street children are especially likely to be victims of such acts.
  (a) Eradicate the exploitation of child-cattle herders and domestic workers and find lasting solutions for poor families so that they can properly care for and protect such children;
  (b) investigate kidnappings and cases of missing children;
  (c) Enact a legal framework and [implement] regulations for the adoption of children in accordance with article 24 of the Covenant; and
  (d) Strictly enforce its criminal laws by punishing the perpetrators of crimes and violence against children and providing the necessary assistance to victims (paragraph 31)
• Early marriage. The Committee expresses its concern about the case of one child, Khadidja Ousmane Mahamat, who was forced into an early marriage at the age of 13½ and was accused of poisoning her 70-year-old husband. While no decision has yet been handed down in her case, since 2004 she has been in prison, where she has been raped by a prison official and has borne a child as a result, and continues to be sexually abused (articles 2, 7, 8 and 24 of the Covenant).
  The State party should protect Khadidja Ousmane Mahamat, provide her with all necessary assistance and prosecute and punish those who have committed violence against her. The State party is invited to include information on this case in its next periodic report (paragraph 32).
• Child-soldiers. The Committee notes with concern the presence of child soldiers in armed groups and the recruitment of children into the Chadian National Army, particularly from displaced person camps (articles 8, 9 and 24 of the Covenant).
  The State party should put a stop to all recruitment of child soldiers, including girls, into armed groups. To this end, it should set up a monitoring system, including regular follow-up visits to military camps and military training centres, to prevent any further recruitment of minors. The State party should take steps to assist and reintegrate children who have been in the army (paragraph 33).

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UN Committee on Economic, Social and Cultural Rights

(E/C.12/TCD/CO/3

Last reported: 4 and 5 November 2009

Concluding Observations published: 16 December 2009

Concerns raised:

• Female Genital Mutilation. The Committee is concerned about the prevalence of traditional practices that violate the physical integrity and human dignity of women and girls and notes with concern that Act No. 06/PR/2002 on the promotion of reproductive health, which prohibits female genital mutilation, early marriage, domestic violence and sexual violence, does not specify penalties for the perpetrators of such acts. The Committee notes with concern that 45 per cent of women and girls are victims of some form of genital mutilation, according to the report of the Secretary-General on children and armed conflict in Chad (S/2007/400).
  The Committee recommends that the State party launch awareness-raising campaigns to combat harmful traditional practices and educate parents, particularly mothers, and children and community leaders on the harmful effects of genital mutilation, which constitutes cruel, inhuman or degrading treatment, and that it amend Act No. 06/PR/2002 as a matter of urgency to stipulate penalties consistent with the seriousness of the offences defined in the Act. The Committee calls on the State party to take the necessary measures to eliminate harmful traditional practices such as female genital mutilation and to provide detailed information on that subject in its next periodic report (paragraph 19).
• Sexual violence. The Committee is seriously concerned about the extent of sexual violence, including rape, against women and girls, particularly in and around sites for internally displaced persons and refugee camps. It is particularly concerned about reports that women and girls in communities of refugees and internally displaced persons are not afforded appropriate protection from, or remedies in respect of, violence in all its forms. It is also concerned about the use of traditional conflict-resolution methods that perpetuate impunity and open the way for violence.
  The Committee requests the State party to provide comprehensive information in its next report on the situation of refugee and internally displaced women and children in Chad, in particular on the means used to protect these women and children from all forms of violence and the mechanisms to offer them remedies and opportunities for social reintegration. It further urges the State party to take steps to investigate and punish all perpetrators of violence against refugees and internally displaced women and children. The Committee urges the State party to assign more staff to, and include more women in, the police forces responsible for security at camps for refugees and internally displaced persons. It also encourages the State party to continue working with the United Nations Mission in the Central African Republic and Chad (MINURCAT) and United Nations specialised agencies in the field (paragraph 20).
• Child labour. The Committee is deeply concerned about the prevalence of child labour, particularly the economic exploitation and frequent ill-treatment of children who tend the herds of nomadic herders (enfants bouviers), of Koranic students who are sent out to beg (muhajirin) and of child domestic workers.
  The Committee urges the State party to provide information in its next periodic report on the measures taken to combat child labour and to put an end to the practice of employing child livestock-herders, muhajirin and domestic workers, together with details on the outcome of such measures and the assistance provided to victims of these practices and their families (paragraph 21).
• Child soldiers. The Committee notes with concern the presence of child soldiers, including girls, in military camps and armed groups and the method of recruitment whereby families are encouraged to send their children in exchange for payment.
  The State party should put a stop to all recruitment of child soldiers, including girls, by armed groups. To this end, it should set up a monitoring system comprising regular follow-up visits to military camps and military training centres in order to prevent any further recruitment of minors. The State party should step up efforts to assist and reintegrate children who have been involved in the army (paragraph 22).
• Poverty. The Committee notes with concern that, notwithstanding the poverty reduction strategy, a high percentage of the State party's population lives in poverty or extreme poverty, particularly the inhabitants of rural and deprived urban areas; landless persons; women; children; households headed by women; families living with HIV/AIDS; persons with disabilities; and internally displaced persons. It notes in particular that the State party has yet to create an effective coordination mechanism to combat poverty (paragraph 24).
• Maternal, infant and under-5 mortality. While taking note of the detailed and informative statistics provided in paragraphs 193 to 206 of the State party's report, on the subject of article 12 of the Covenant, the Committee is concerned about the high maternal, infant and under-five mortality rates, the high prevalence of HIV/AIDS, the shortage of health professionals in rural areas and the mediocre quality of health services. The Committee regrets that no information on the results of the national health policy launched in 1998 has been provided (paragraph 29).
• Education. While noting that article 35 of the Constitution guarantees that every citizen has the right to education, that public education is free of charge and that basic education is compulsory, the Committee regrets that the State party has not provided an adequate reply concerning the application of these provisions, particularly with regard to poor children from rural and urban areas and indigenous children, thus preventing the Committee from assessing the implementation of this constitutional guarantee. The Committee commends the 10-year programme adopted by the State party to support the reform of the education system over the period 2004–2015, but notes with concern the high school dropout rate in the poorest regions of the country, particularly rural areas (paragraph 32).
• Illiteracy. The Committee is concerned about the persistently high illiteracy rate in the State party, which is higher among women than men. It also notes with concern the preference traditionally given to male children where education is concerned.
  The Committee urges the State party to take all effective measures to improve the literacy rate, particularly among women. It recommends that the State party step up its efforts to provide girls and boys with equal access to education. It urges the State party to implement a comprehensive national plan on education for all, as required under paragraph 16 of the Dakar Framework for Action, taking into account the Committee's general comments Nos. 11 and 13 (1999) and general comment No. 1 (2001) of the Committee on the Rights of the Child on the aims of education. The Committee also requests the State party to provide detailed information in its next periodic report on the measures taken to improve the quality of education and to promote equal opportunities for all in education, including in vocational training. The Committee encourages the State party to consider ratifying the 1960 UNESCO Convention against Discrimination in Education (paragraph 33).

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UN Committee on the Elimination of Discrimination against Women

(CEDAW/C/TCD/CO/1-4)

Concluding Observations published: 21 October 2011

Concerns raised:

• Stereotypes. The Committee also expresses serious concern about the persistence of entrenched harmful cultural norms and practices, including female genital mutilation (FGM), early marriages, sororate (a widower marries the sister of his deceased spouse), levirate ("wife inheritance" in which a man takes on in marriage the widow of his deceased brother) and polygamy in Chad (paragraph 20).
  The Committee urges the State party to:
  (b) Use innovative and effective measures targetting young people and adults to strengthen understanding of the equality of women and men, and to work with the educational system, both formal and informal, as well as with the mass media, to enhance a positive and non-stereotypical portrayal of women; (paragraph 20)
• Female Genital Mutilation. The Committee expresses its serious concern at the high prevalence of sexual and gender-based violence, including FGM, rape and domestic violence in the State party, It is deeply concerned that violence against women is accompanied by a culture of silence and impunity that has impeded the investigation, prosecution and punishment of sexual and gender-based violence perpetrators, regardless of their ethnic group, for acts committed during conflict and post-conflict times. In this context, it also notes with concern that the vast majority of cases of domestic and sexual violence remain under-reported due to cultural taboos and the victims' fear of being stigmatised by their communities. It is further concerned that at least 45% of women in Chad have been subjected to FGM and it deeply regrets the lack of implementation of the Law on Reproductive Health (2002), which prohibits FGM, early marriages, domestic and sexual violence. Likewise, the Committee regrets the lack of information on the impact of the measures and programmes in place to reduce incidences of all forms of violence against women and girls. The Committee is also concerned about the availability of social support services, including shelters, for the victims (paragraph 22).
• Trafficking, exploitation and prostitution. While taking note of the National Plan against Trafficking, the Committee is concerned at the lack of information about the extent of the phenomenon of trafficking in women, despite the acknowledgement of the State party of the occurrence of this phenomenon within its territory. It is also concerned at reports about cases of children, particularly girls who are sold by their parents to relatives or strangers, as well as about cases of girls who are kidnapped and sent to N'Djamena or other regions. In this context, it expresses its concern about the fact that trafficking in persons is not defined as an offence in the Criminal Code. It also notes with concern the lack of statistics on the number of women and girls who are victims of trafficking for sexual and economic exploitation. In addition, it regrets the lack of detailed information provided on the existence and implementation of regional and bilateral memoranda of understanding and/or agreements with other countries on trafficking and the inadequate information provided on prosecution and punishment of traffickers (paragraph 24).
• Education. The Committee welcomes the measures taken to address the gaps between boys and girls with respect to primary and secondary education, such as the reduction of school fees for girls compared with those of boys. However, it is concerned about the extremely low participation of girls at the secondary level and in technical vocational institutions and about the prevalence of a range of issues which impede their participation. These include parents' prejudices against modern schools and prioritisation of their son's education; early marriages and pressure on teenage pregnant girls to leave school; sexual harassment in schools; poverty and girls involvement in income-generating activities; the lack of adequate infrastructure, including water and separated sanitation facilities for girls; the long distance to school and the risk of sexual harassment and violence that girls face on the way. It is deeply concerned at the low literacy rate in the State party and that adult women are disproportionately affected with twice as many adult women being illiterate in comparison to men (paragraph 20).
• Sexual violence. While noting the improvement in the security situation in eastern Chad and the efforts of the State party to protect refugee camps and internally displaced persons (IDPs) sites, the Committee is particularly concerned about the high risk faced by refugee and internally displaced women and girls to be victims of sexual and gender-based violence, including rape inside and outside the refugee camps and the IDPs sites. It is further concerned about similar risks faced by refugee and internally displaced women and girls in other parts of the country, particularly in the South. The Committee is deeply concerned about reports indicating that a considerable number of the victims are children, including girls, and that some of them are as young as 5 years old. It regrets that most of the cases remain unreported and that even those who are reported, approximately 430 up to mid- 2011, are solved through traditional dispute mechanisms due to the absence of legal protections for victims and a fragile judiciary system, which perpetuates impunity for perpetrators (paragraph 40).
• Early marriage. The Committee also notes with concern the inconsistencies regarding the minimum age of marriage for women contained in article 144 of the Civil Code which sets it on 15 years, as well as on article 277 of the Criminal Code according to which customary law marriages of girls above 13 years are legal. It is further concerned that even though both provisions are contrary to international standards, they discriminate, particularly, against girls between 13 and 15 years and girls between 15 and 18 years. Furthermore, it regrets that the draft Personal and Family Code proposes to raise the minimum age of marriage only to 17 years for girls (paragraph 42).

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UN Committee against Torture

(CAT/C/TCD/CO/1)

Last reported: 29 and 30 April 2009

Concluding Observations published: 4 June 2009

Concerns raised:

• Sexual violence and abuse. The Committee is seriously concerned at the extent of sexual violence, including rape, against women and children, particularly in and around sites for displaced persons and refugee camps, committed with impunity whether by militias, armed groups, the armed forces or any other person. The Committee is also concerned that cases of rape are usually not dealt with as criminal offences but settled amicably, through financial compensation, under the supervision of tribal or village chiefs, and that the guilty parties are rarely brought to justice (arts. 2 and 16).
  The State party should redouble its efforts to prevent, combat and punish sexual violence and abuse against women and children. To this end, the State party should, inter alia, and in collaboration with the United Nations Mission in the Central African Republic and Chad (MINURCAT) and United Nations specialised agencies in the field:
  (a) Conduct major information campaigns to raise awareness among the population and all parties to the conflict that acts of sexual violence are offences under criminal law, to break the taboos on sex crimes and to eliminate the stigmatisation and exclusion of victims, which discourages them from lodging a complaint;
  (b) Continue with, and reinforce, the deployment of the Détachement intégré de sécurité (Integrated Security Detachment) (DIS) near sites for displaced persons and camps for refugees in order to guarantee protection for them, especially for women and children, to provide a simple mechanism for lodging complaints to which all have access and to ensure that complaints are systematically and immediately transmitted to the relevant authorities and that victims are protected;
  (c) Set up a rehabilitation and assistance scheme for victims;
  (d) Amend Act No. 06/PR/2002 on the promotion of reproductive health to include penalties for the perpetrators of sex crimes, or incorporate offences of sexual violence in the Criminal Code, providing for penalties proportional to the seriousness of the crimes;
  (e) Ensure that customary laws and practices are not invoked to justify violating the absolute prohibition of torture, as the Committee recalled in its general comment No. 2 (2007) on implementation of article 2 by States parties (paragraph 20)

• Separation of children and adults in detention. The Committee is concerned about reports of a failure to separate juvenile from adult prisoners and persons awaiting trial from convicted prisoners. It is also concerned at the reference in legislation governing pretrial detention to the undefined concept of a reasonable period and at reports that some persons awaiting trial have been detained in a remand centre for a period longer than the sentence incurred (paragraph 25).
• Female genital mutilation and early marriage. While welcoming the promulgation of Act No. 06/PR/2002 to eradicate female genital mutilation, early marriage, domestic violence and sexual violence (the most severe form of female genital mutilation, infibulation, is practised in eastern Chad), the Committee remains concerned about the widespread occurrence of traditional practices which violate the physical integrity and human dignity of women and girls. The Committee also notes with concern that Act No. 06/PR/2002 does not provide penalties for perpetrators of such crimes and that no decree giving effect to this legislation has yet been drafted (art. 16) (paragraph 30).
• Child labour. While taking note of the State party's efforts, including at the legislative level, to eliminate ill-treatment of children and, in particular, to prevent their economic exploitation, the Committee remains alarmed at the persistence of these practices and regrets the lack of information provided on their scale (arts. 2, 12 and 16).
  The State party should take effective measures to combat and eradicate the exploitation and degradation of children and ensure the protection of children, in particular of the most vulnerable children, including child livestock-herders, muhajirin and child domestic workers (paragraph 31).
• Corporal punishment. While noting that corporal punishment in schools is prohibited in the State party's legislation, the Committee remains concerned at the absence of legislation prohibiting it within the family, in alternative care institutions and as a disciplinary measure in penal institutions. The Committee is also concerned at the frequent resort to this practice in education, in particular in Koranic schools (art. 16).
  The State party should extend legislation prohibiting corporal punishment to apply also to families, educational and religious establishments, alternative care institutions and places of juvenile detention. The State party should ensure that the legislation prohibiting corporal punishment is strictly enforced, and should conduct awareness-raising and educational campaigns to that end (paragraph 32).
• Child trafficking. The Committee is concerned at reports of children being kidnapped by traffickers and removed abroad. It is also concerned at reports from the State party suggesting that trafficking in children is widespread. It regrets the lack of information or statistics on these phenomena and on related prosecutions and convictions (art. 16).
  The State party should take all possible measures to protect children from trafficking and to ensure that traffickers are prosecuted without delay (paragraph 33).
• Child soldiers. The Committee welcomes the protocol of agreement signed by the State party and the United Nations Children's Fund (UNICEF) in April 2007 on the liberation and sustainable reintegration of all children involved in armed groups in Chad. The Committee nevertheless remains deeply concerned at the continued and, according to some allegations, increased recruitment of child soldiers by all parties to the conflict, in particular in sites for displaced persons and refugee camps. The Committee also regrets that only a small number of children have been demobilised since the signing of the agreement with UNICEF, including only very few of the children involved in the Chadian armed forces (art. 16).
  The State party should:
  (a) With the support of the United Nations and civil society, draft a time-bound plan of action to prevent the illicit recruitment of child soldiers and to facilitate their rehabilitation and reintegration into society and institute transparent procedures for the liberation and monitoring of the demobilisation of children involved in armed groups operating in Chadian territory;
  (b) Criminalise the illicit recruitment and use of children in armed conflicts;
  (c) Investigate and prosecute persons responsible for recruiting child soldiers in order to put an end to impunity;
  (d) Launch a public information campaign to ensure that all members of the armed forces are aware of Chad's international obligations to prevent the use and recruitment of child soldiers in armed conflicts; (paragraph 34)

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UN Committee on the Elimination of Racial Discrimination

(CERD/C/TCD/CO/15)

Last reported: 20-21 August 2009

Concluding Observations published: 21 September 2009

No mention of children's rights

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UN Committee on Migrant Workers

Not yet signed or ratified.

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UN Committee on the Rights of Persons with Disabilities

Not yet signed or ratified.

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UN Committee on Enforced Disappearance

Signed in 2007, but not yet ratified.

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