Submitted by crinadmin on
Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
- Discrimination against girls, particularly in relation to education
- Female genital mutilation
- Juvenile justice: Detention of children with adults in poor conditions
- Birth registration
- Trafficking of children
- Sexual violence, exploitation and abuse affecting children
- Children involved in armed conflict
- Child labour
- Poverty/low standard of living
- Education: High drop out rates and high levels of illiteracy
- Corporal punishment
- Early marriage
Discrimination against girls, particularly in relation to education
UN Committee on the Rights of the Child (Concluding Observations, January 2009)
The Committee welcomes that the draft law provides for the registration of all children born on the State party's territory, including children of refugees. The Committee notes with regret that while articles 13 and 14 of the State party's Constitution affirm the principle of non-discrimination, including equality between the sexes, de facto discrimination between boys and girls exists, particularly in the areas of education and succession and inheritance.
The Committee urges the State party to continue and strengthen its efforts to eradicate all discriminatory laws from its legislation. In particular, the Committee urges the State party to adopt legislation with a view to ensuring that the practical application of the Constitution's provisions guaranteeing the principle of non-discrimination are in full compliance with article 2 of the Convention. The Committee also encourages the State party to adopt a comprehensive strategy, including awareness-raising, to eliminate discrimination on any grounds and against all vulnerable groups, in particular regarding education and succession and inheritance rights (paragraphs 30 and 31).
UN Committee on Economic, Social and Cultural Rights
Last reported: 4 and 5 November 2009
Concluding Observations published: 16 December 2009
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).
Independent Expert on the human rights situation in Chad
Mónica Pinto
Country visit: 7-17 October 2004
Report published: 27 January 2005
There is no gender equity in Chad. In Chadian tradition, girls are brought up with a view to marriage. Yet at home and in family relations, the division of responsibilities generally favours the man. The roles are not interchangeable. During conversations in the refugee camps in Farchana region, where the population belongs to the same ethnic groups as in Chad, men complained that women who left the camp to collect wood were raped. Yet it occurred to none of them to accompany the women in future or even to carry out the task in their place (paragraph 50).
As a result of socio-cultural inertia, women are viewed as mothers, spouses and housewives, so that they hardly participate at all in national decision-making. In October 1999, 30 per cent of women explained that their husbands did not want them to work, and 21 per cent said that their husbands refused to allow them to go to their work. This view of society gives rise to discrimination in favour of boys at the time of school enrolment. In this way, women receive no education, even though they make up the largest part of the country's labour force, and this holds back output. They are generally unable to own or inherit land. Yet it is they who have to cope when poverty worsens (paragraph 55).
Universal Periodic Review (May 2009)
21. Review possible discriminatory laws from its legislation, with a view to guaranteeing the effective promotion and protection of the rights of vulnerable groups, such as women and children (Brazil); (accepted)
UN Committee on the Rights of the Child (Concluding Observations, January 2009)
The Committee welcomes efforts taken by the State party to eradicate female genital mutilation (FGM), including through the integration of prevention and management of FGM into professional training programmes and awareness-raising campaigns carried out by women's associations targeted at all sectors of society. Nevertheless, the Committee is deeply concerned that FGM remains very prevalent (45% in total) in the society with majority of girls being excised between the age of 5 and 14. The Committee also regrets that despite legislation forbidding FGM (Law 06/2002), there are no sanctions for perpetrators of this crime and that the decree giving effect to this legislation has not yet been elaborated (paragraph 61).
UN Human Rights Committee
Last reported: 16 and 17 July 2009
Concluding Observations published: 11 August 2009
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).
UN Committee on Economic, Social and Cultural Rights
Last reported: 4 and 5 November 2009
Concluding Observations published: 16 December 2009
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).
UN Committee on the Elimination of Discrimination against Women
Concluding Observations published: 21 October 2011
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).
UN Committee against Torture
Last reported: 29 and 30 April
Concluding Observations published: 4 June 2009
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).
Independent Expert on the human rights situation in Chad
Mónica Pinto
Country visit: 7-17 October 2004
Report published: 27 January 2005
Article 9 of Act No. 006/PR/2002 on the promotion of reproductive health prohibits all forms of violence such as female genital mutilation, early marriage, domestic violence and sexual abuse of individuals. Yet matters are different in practice (paragraph 51).
[A]ccording to the Islamic authorities, only natural excision is permitted under Koranic law, which also offers a justification for it. While the political authorities did not wish to speak of excisions "as they are forbidden by law", the Muslim authorities emphasised that there are no cases where such practices are refused or rejected. Neither side accepted or commented on the arguments put forward by the Independent Expert concerning the possibility of improving sterilisation of the instruments used in such practices, or the possibility that they might be carried out in hospital (paragraph 53).
Report of the Secretary-General on children and armed conflict (February 2011)
SRSG Coomaraswamy
Sexual and gender-based violence, encompassing rape, attempted rape, sexual harassment and exploitation, female genital mutilation, early and forced marriages, undesired/early pregnancies with associated mistreatment, as well as other gender- based violence against women and girls, continued to be a widespread phenomenon in Chad. (para. 30)
Universal Periodic Review (May 2009)
27. Implement further measures to stop female genital mutilation altogether. (Sweden); (accepted)
28. Take all necessary measures to effectively implement the national legislation prohibiting female genital mutilation (Slovenia); (accepted)
29. Prescribe female genital mutilation as an offence, in addition to its present prohibition by law, and take effective measures to eradicate it (Spain); (accepted)
30. Fully implement the 2002 legislation banning female genital mutilation and enhance awareness raising campaigns so as to combat this practice and other traditions harmful to women's health and dignity (Italy); (accepted)
31. Take all necessary measures to protect women, and especially girls, from sexual violence in the context of armed conflict (Slovenia); (accepted)
34. Take measures to ensure the protection of all women from rape and sexual violence, including female genital mutilation (Austria); (accepted)
35. Fully implement legislation, prohibiting female genital mutilation and violence against women and widely disseminate knowledge of it through awareness raising campaigns (Czech Republic); (accepted)
Juvenile justice: Detention of children with adults
UN Committee on the Rights of the Child (Concluding Observations, January 2009)
The Committee is concerned that the State party does not have an appropriate mechanism to monitor the effective application of pre-trial detention, that children may be held in custody together with adults, and that detention centres are overcrowded. The Committee is further concerned that children in conflict with the law may receive penalties of up to ten years in prison for serious crimes (paragraph 85).
UN Human Rights Committee
Last reported: 16 and 17 July 2009
Concluding Observations published: 11 August 2009
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).
UN Committee against Torture
Last reported: 29 and 30 April 2009
Concluding Observations published: 4 June 2009
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 pre-trial 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).
Independent Expert on the human rights situation in Chad
Mónica Pinto
Country visit: 7-17 October 2004
Report published: 27 January 2005
The prison, which was inherited from colonial times, houses around 900 persons, including 20 women and a dozen minors. More than half the inmates are awaiting trial. The perimeter is guarded by 15 members of the security forces whose role is limited to ensuring security along the perimeter. Inside, the prison is run by the inmates. The prisoners are organised in a hierarchy on the basis of the prevailing power structure. At the time of the Independent Expert's visit, women, girls and their children were housed in a separate wing. The same was true of minors, though the CNDH report states otherwise. A group of former officials were also held separately from the remaining prisoners. The authorities indicated that there is a 24-hour clinic with only one nurse. Visits to prisoners have to be paid for, except in the case of lawyers. It is worth noting the disparity between the amount indicated by the Director, on average 100 CFA francs [around 20 US cents], and that mentioned in the CNDH report, of between 500 and 700 CFA francs; each prisoner pays 50 CFA francs by the State; it consists largely of ground millet rolled into balls (paragraph 27).
UN Committee on the Rights of the Child (Concluding Observations, January 2009)
The Committee welcomes progress made with regard to the birth registration of Chadian children. The Committee also notes the adoption in 2003 of a birth registration law providing for free birth registration. Nevertheless, the Committee remains concerned that the State party has the lowest birth registration rate in west and central Africa. The Committee is also concerned at the absence of supplies at registration centres, the lack of precise information on the children to be registered and the distance of state registration offices from population centres. The Committee expresses additional concern at problems regarding the birth registration of Sudanese and other children born in the State party despite their official right to be registered and to acquire the nationality (paragraph 39) .
UN Human Rights Committee
Last reported: 16 and 17 July 2009
Concluding Observations published: 11 August 2009
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).
Representative of the Secretary General on the human rights of internally displaced persons
Walter Kälin
Report published: 22 December 2009
The Representative expressed his concerns about the fact that the majority of displaced children do not have a birth certificate and about the recurring problems of birth registration, including those of Sudanese children and other children born in the Republic of Chad who, however, have the official right to be registered and acquire Chadian nationality. In accordance with the recommendation of the Committee on the Rights of the Child, the Representative encourages the Government of Chad to continue its registration efforts, even if late, of the birth of all children, including children of refugees, especially Sudanese children born in the country and displaced and nomadic children (paragraph 63).
Report of the Secretary-General on children and armed conflict (February 2011)
SRSG Coomaraswamy
Identification of minors [involved in armed conflict] is hampered by the fact that the majority of child
UN Committee on the Rights of the Child (Concluding Observations, January 2009)
The Committee expresses concern over reports that children have been kidnapped and trafficked abroad. The Committee expresses further concern over the lack of information or statistics on trafficking cases and the fact that perpetrators of trafficking of children are not brought to justice.
The Committee urges the State party to take all measures to ensure the protection of children from trafficking and that it ensures that perpetrators of child trafficking are brought to justice without delay. The Committee urges the State party to carry out awareness-raising activities in order to make both parents and children aware of the dangers of trafficking (paragraphs 79 and 80).
UN Human Rights Committee
Last reported: 16 and 17 July 2009
Concluding Observations published: 11 August 2009
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.
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;
Investigate kidnappings and cases of missing children;
Enact a legal framework and [implement] regulations for the adoption of children in accordance with article 24 of the Covenant; and
Strictly enforce its criminal laws by punishing the perpetrators of crimes and violence against children and providing the necessary assistance to victims (paragraph 31)
UN Committee on the Elimination of Discrimination against Women
Concluding Observations published: 21 October 2011
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).
UN Committee against Torture
Last reported: 29 and 30 April 2009
Concluding Observations published: 4 June 2009
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).
Report of the Secretary-General on children and armed conflict (February 2011)
The displacement of families as a result of both the volatile security situation and the economic situation has resulted in the movement of children, within some areas in eastern Chad, as well as into the Sudan, in extremely vulnerable conditions, making them potential targets for exploitation, recruitment and trafficking. Several incidents of child abduction and trafficking for forced labour and commercial sexual exploitation purposes have been brought to the attention of the Task Force. (para. 11)
Universal Periodic Review (May 2009)
38. Take all measures to address and prevent abduction of children, child trafficking, sexual abuse and exploitation and child labour, including the prosecution of perpetrators of such acts, and to protect and reintegrate child victims (Slovenia); (accepted)
39. Take all measures to ensure the protection of children from trafficking and bring perpetrators of child trafficking to justice (Angola); (accepted)
Sexual violence, exploitation and abuse affecting children
UN Committee on the Rights of the Child (Concluding Observations, January 2009)
The Committee notes with concern ... reports of sexual abuse and exploitation of children. The Committee regrets the lack of statistics at national level on sexual abuse and exploitation.
The Committee recommends that the State party:
- Develop and strengthen appropriate legislative measures to address the issues of sexual abuse and sexual exploitation;
- Take appropriate measures to ensure the prosecution of perpetrators of sexual offences against children;
- Ensure that child victims of sexual exploitation or abuse are not criminalised or penalised;
- Systematically gather quantitative and qualitative data on sexual exploitation of children, vulnerable groups and root causes for such exploitation (paragraphs 81 and 82)
UN Committee on Economic, Social and Cultural Rights
Last reported: 4 and 5 November 2009
Concluding Observations published 16 December 2009
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).
UN Committee on the Elimination of Discrimination against Women
Concluding Observations published: 21 October 2011
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).
UN Committee against Torture
Last reported: 29 and 30 April 2009
Concluding Observations published: 4 June 2009
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:
- 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;
- 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;
- Set up a rehabilitation and assistance scheme for victims;
- 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;
- 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)
Representative of the Secretary General on the human rights of internally displaced persons
Walter Kälin
Report published: 22 December 2009
The gender-based violence, including rape by armed groups or members of their communities, early marriage, female genital mutilation and domestic violence suffered by displaced girls and women, remain a real challenge. But violence cases based on gender remain very poorly documented and require more attention from the Chadian authorities and the international community in order to provide better protection for displaced women and girls (paragraph 65).
In this context, the Representative welcomes the fact that this issue is specifically provided in the mandate of MINURCAT, the recent deployment of an OCHA expert on gender in Abeche and the beginning of a mission by the NGO International Internal Displacement Monitoring Centre (IDMC), which aims to assess the situation of women and girls in displacement sites. It encourages the Government of Chad to systematically gather qualitative and quantitative data on gender-based violations and put in place the strategies and legislative measures needed to address the issue of sexual violence (paragraph 66).
Report of the Secretary-General on children and armed conflict (February 2011)
SRSG Coomaraswamy
Sexual and gender-based violence, encompassing rape, attempted rape, sexual harassment and exploitation, female genital mutilation, early and forced marriages, undesired/early pregnancies with associated mistreatment, as well as other gender- based violence against women and girls, continued to be a widespread phenomenon in Chad. Women and girls face these forms of sexual violence by unknown individuals, armed groups and the national army, and fellow refugees or internally displaced persons in camps. However, there is insufficient evidence to suggest that sexual violence against children is a systematic feature of the conflict in Chad. Underreporting, among other challenges, has meant that there is a lack of comprehensive data and information with regard to this violation in the context of conflict. (para. 30)
Universal Periodic Review (May 2009)
72. Call for the support of the international community to assist it in addressing the challenge of armed conflict with its rebel armed groups, which has brought about human right abuses, including sexual violence, recruitment of child soldiers, problems of refugees and internally displaced persons, poverty illiteracy and ignorance among others (Nigeria); (accepted)
83. P 1. Ensure that appropriate penalties are applied for acts such as female genital mutilation, forced marriages and sexual violence (Netherlands); (pending)
Report of the Secretary-General on children and armed conflict (February 2011)
SRSG Coomaraswamy
Recommendation
I am deeply concerned with the continued incidents of rape and other forms of sexual violence, including those perpetrated by members of the armed forces. I strongly encourage the Government to prioritize the investigation and prosecution of perpetrators of rape and other crimes of sexual violence, and to strengthen prevention and response strategies. (paragraph 70)
Children involved in armed conflict
UN Committee on the Rights of the Child (Concluding Observations, January 2009)
The Committee welcomes the signing of a protocol of agreement on protecting child victims of armed conflict and reintegrating them into communities and families. The Committee also welcomes steps already taken by the State party to end child recruitment in its national army. Nevertheless, it expresses grave concerns about the persistence of widespread violations and abuses committed against children, the continuation of recruitment and use of children by all parties to the conflict, in particular the Sudanese rebel movement (JEM) and certain local commanders of the Chadian armed forces. It notes with regret that only a small number of children have been demobilised since 2007.
The Committee is also concerned by the increased number of children killed and maimed by anti-personnel landmines and unexploded ordinance.
The Committee urges the State party to take immediate and adequate measures to ensure observance of legislation setting the minimum age of 18 for recruitment into military forces and release underage fighters from its military, and to facilitate contact between armed groups operating in Chad and the United Nations in order to demobilise and prevent recruitment of children, particularly the practice of recruitment of children in refugee camps. In this regard, the Committee urges the State party to extend the DDR programme, placing a particular emphasis on demobilisation and reintegration of the girl child. The Committee recommends that, in its efforts, the State party take into account the recent Conclusions on children and armed conflict of the Security Council Working Group on Children and Armed Conflict (S/AC.51/2008/15). The Committee also recommends that the State party collaborate with the United Nations and NGOs in awareness-raising campaigns combating the involvement of children in armed conflict.
The Committee further urges the State party to take all necessary measures to protect children against land-mines, including through mine clearance programmes and programmes for mine awareness and physical rehabilitation of child victims (paragraphs 69-72).
UN Human Rights Committee
Last reported: 16 and 17 July 2009
Concluding Observations published: 11 August 2009
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).
UN Committee on Economic, Social and Cultural Rights
Last reported: 4 and 5 November 2009
Concluding Observations published: 16 November 2009
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).
UN Committee against Torture
Last reported: 29 and 30 April 2009
Concluding Observations published: 4 June 2009
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:
- 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;
- Criminalise the illicit recruitment and use of children in armed conflicts;
- Investigate and prosecute persons responsible for recruiting child soldiers in order to put an end to impunity;
- 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)
Representative of the Secretary General on the human rights of internally displaced persons
Walter Kälin
Report published: 22 December 2009
The Representative was also informed of the militarisation and the loss of the humanitarian nature of IDP camps near the border between Sudan and Chad by the various parties to the conflict. The presence of armed groups in and around sites has led to higher levels of forced recruitment of children, gender-based violence and in some refugee sites, the suspension of humanitarian aid because of the insecurity (paragraph 58).
The Representative is particularly concerned by reports that displaced children are still being recruited by armed groups, sometimes at a very young age. In this regard, the Representative was informed that on 1 November 2008, five children between the age of 13 and 16 were recruited by the Chadian National Army (Armée Nationale Tchadienne, ANT) on the IDP site of Koubigou. He is also worried about the reports received on the sale of children to armed forces, which is a serious human rights violation. He reminds the Government, as a party to the Convention on the Rights of the Child and its two Optional Protocols, of its obligation to prosecute all violations against children's rights. In addition, the Representative notes that the weakness of school infrastructure, the inadequate education provided, the lack of extracurricular activities and vocational education makes children an easy target for armed groups (paragraph 60).
In this context, the Representative welcomed the memorandum of understanding on the protection of child victims of armed conflict and their long-term reintegration into their communities and their families, signed in April 2007 between the Government of Chad and UNICEF, under which both parties have agreed to work together to ensure protection and services to children associated with armed forces of the ANT and armed groups. It urges the Government to take immediate steps to facilitate the demobilisation of children in all parts of the ANT and other Chadian security forces, and child soldiers identified among the fighters as prisoners of war in clashes in early May 2009. In this regard, he calls on all concerned actors to respect their obligations under international humanitarian law, to proceed urgently with the demobilisation of children and to refrain from any attempt to enlist them in armed groups (paragraph 61).
Finally, the Representative is concerned about reports received in 2008 about 95 people, most of whom would be displaced children who became victims of attacks on their physical integrity by the explosion of mines or unexploded ordinance (paragraph 64).
Universal Periodic Review (May 2009)
43. Continue its efforts to stop the recruitment and use of children by all parties involved in the conflict in the country and work closely with OHCA, UNICEF and other relevant parties to demobilise children from the military and other armed groups (Malaysia); (accepted)
72. Call for the support of the international community to assist it in addressing the challenge of armed conflict with its rebel armed groups, which has brought about human right abuses, including sexual violence, recruitment of child soldiers, problems of refugees and internally displaced persons, poverty illiteracy and ignorance among others (Nigeria); (accepted)
83. Step up efforts to stop and to prevent that parties to the conflict continue to recruit children (Sweden, Canada, Italy); (accepted)
84. Formally criminalise in domestic law the recruitment and use of child soldiers by non-governmental armed groups, if it has not already done so, and enforce such laws if they already are on the books and devote resources to and partner with international organisations to prioritise the reintegration of child soldiers (United States of America); (accepted)
P8. Intensify its efforts and reinforce all institutions and mechanisms concerned with the reintegration of demobilised child soldiers into Chadian society (Canada); (pending)
Report of the Secretary-General on children and armed conflict (February 2011)
SRSG Coomaraswamy
Recommendations
At the outset, I reiterate the recommendations of my two previous reports on the situation of children and armed conflict in Chad (S/2007/400, S/2008/532). I also urge the immediate implementation by all parties of subsequent conclusions of the Working Group on Children and Armed Conflict in Chad (S/AC.51/2007/16, S/AC.51/2008/15). (paragraph 66)
I commend the efforts of the Government to address the recruitment and use of children by its armed forces, including newly integrated elements. Nevertheless, I am concerned by the slow progress in the dialogue towards the action plan to halt the recruitment and use of children, and, in this connection, urge it to engage, as a matter of immediate priority, in dialogue with the United Nations to finalize the preparation and implementation of a concrete time-bound action plan in line with Security Council resolutions 1539 (2004), 1612 (2005) and 1882 (2009). (paragraph 67)
The Government of Chad should issue clear orders to its military chain of command, including at the local level, prohibiting the recruitment and use of children in line with its obligations under international human rights and humanitarian law, and ensuring the immediate and unconditional release of all children. (paragraph 68)
The Government of Chad must make every effort to ensure that children’s rights are respected by all armed groups present in its territory and to continue to facilitate, by all means necessary, unhindered access for United Nations actors to all military centres and camps, particularly Moussoro, for the identification and release of children from these groups. (paragraph 69)
Finally, all opposition armed groups must stop using anti-personnel mines, which cause the death and maiming of children. I also appeal to the Government to ensure that humanitarian demining programmes are in line with international standards, that appropriate attention is afforded to child victims and that mine-risk education programmes are in place. (paragraph 71)
I am encouraged by the measures put in place by the Chadian authorities to ensure the increased security and protection of civilian populations in and around refugee camps and internally displaced persons sites. This has resulted in a diminishing number of child recruitment incidents; and the Government should, through the Détachement intégré de sécurité, maintain its security deployment in these sites. The Government should also take immediate steps towards the ratification of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa. (paragraph 72)
In the light of the withdrawal of MINURCAT, I encourage the donor community to provide support to the Task Force on Monitoring and Reporting in order to maintain, to the extent possible, the Mission’s previous monitoring and reporting coverage. I also appeal to the donor community to provide additional support to the programmatic interventions of national authorities, United Nations agencies, funds and programmes and non-governmental organizations. (paragraph 73)
UN Committee on the Rights of the Child (Concluding Observations, January 2009)
The Committee welcomes the development and implementation of a family and socio-economic reinsertion programme for vulnerable children, including child victims of the worst forms of labour. Nevertheless, the Committee notes with concern reports that a very high percentage of children in the State party, including children as young as 5 years of age, are working/labourers, with children in rural zones being particularly vulnerable to this problem. The Committee also expresses concern over the problems of "les enfants bouviers", the mouhadjirin children, including those from refugee camps, and child domestic workers (paragraph 77).
UN Committee on Economic, Social and Cultural Rights
Last reported: 4 and 5 November 2009
Concluding Observations published: 16 December 2009
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).
UN Committee against Torture
Last reported: 29 and 30 April 2009
Concluding Observations published: 4 June 2009
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).
Independent Expert on the human rights situation in Chad
Mónica Pinto
Country visit: 7-17 October 2004
Report published: 27 January 2005
Aside from the question of girls, there is in Chad a practice of exploiting boys to look after cattle as "enfants bouviers". Rather than the sale of a person, this involves a contract for the hire of services concluded between the child's parents or guardians and a cattle-owning pastoralist. The boy is paid in kind - one animal at the end of the year - but he is placed in semi-slavery where it is difficult to maintain his identity and personality. The report of a mission to investigate human rights in the Mandoul region issued by CNDH in August 2004 provides a detailed account of this practice, and attaches copies of "contracts" which have been signed. The report states that such children, who are aged between 6 and 15, die and are abandoned in the bush (paragraph 57).
Steps must be taken to ensure protection for the most vulnerable groups. The practice of employing "enfant bouviers" must be abolished The recruitment of young girls as domestic servants must be supervised by the authorities (paragraph 86).
Report of the Secretary-General on children and armed conflict (February 2011)
SRSG Coomaraswamy
The displacement of families as a result of both the volatile security situation and the economic situation has resulted in the movement of children, within some areas in eastern Chad, as well as into the Sudan, in extremely vulnerable conditions, making them potential targets for exploitation, recruitment and trafficking. Several incidents of child abduction and trafficking for forced labour and commercial sexual exploitation purposes have been brought to the attention of the Task Force. (para. 11)
Universal Periodic Review (May 2009)
38. Take all measures to address and prevent abduction of children, child trafficking, sexual abuse and exploitation and child labour, including the prosecution of perpetrators of such acts, and to protect and reintegrate child victims (Slovenia); (accepted)
Poverty/Low standard of living
UN Committee on the Rights of the Child (Concluding Observations, January 2009)
The Committee welcomes initiatives taken by the State party to combat poverty, such as the creation of a State Secretariat for micro-credit and the creation of the National Solidarity Fund to combat extreme poverty in Chad. While the Committee notes with appreciation the efforts of the State party to ensure access to clean drinking water for the population, it expresses concern that still much of the population lacks adequate shelter, clean drinking water and basic sanitation facilities, particularly in rural areas. The Committee notes with regret that the standard of living in Chad is very low (and continues to deteriorate) and that a large part of the population lives in a situation of chronic food insecurity.
The Committee recommends that the State party strengthen the application of its poverty reduction strategies and other measures, in order to provide economically disadvantaged families with, inter alia, adequate nutrition, drinking water, housing, and sanitation facilities, as well as basic social security services. The Committee further urges the State party to see technical assistance in this regard from, inter alia, UNDP (paragraphs 65 and 66).
UN Committee on Economic, Social and Cultural Rights
Last reported: 4 and 5 November 2009
Concluding Observations published: 16 December 2009
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; land-less 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).
Representative of the Secretary General on the human rights of internally displaced persons
Walter Kälin
Report published: 22 December 2009
Currently 40% of displaced children are not enrolled in primary school. Moreover, in many cases children have no access to medical and health services, including routine immunisation and follow up on their malnutrition. Pending the securing of areas of return, the Representative encourages the Government and development actors to facilitate the integration of the displaced persons by the host communities and implement self-sufficient programs that benefit communities affected by the move (paragraph 69).
Education: High drop-out rate and high levels of illiteracy
UN Committee on the Rights of the Child (Concluding Observations, January 2009)
Although, according to information provided in the dialogue, more classrooms have been built and more teachers have been recruited and trained, the Committee notes with concern the inadequate teacher to student ratio, the widespread lack of learning materials, the low rate of school attendance of girls as compared to boys, the high drop-out rate, the extremely low enrolment rates in secondary schools, and the low percentage of children receiving pre-school education. The Committee notes with additional concern the gap between the compulsory education age and the minimum age for employment (paragraph 67).
UN Committee on Economic, Social and Cultural Rights
Last reported: 4 and 5 November 2009
Concluding Observations published: 2009
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 drop-out rate in the poorest regions of the country, particularly rural areas (paragraph 32).
UN Committee on the Elimination of Discrimination against Women
Concluding Observations published: 21 October 2011
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 30).
Independent Expert on the human rights situation in Chad
Mónica Pinto
Country visit: 7-17 October 2004
Report published: 27 January 2005
It was emphasised during almost all the meetings attended by the Independent Expert that one of the causes of underdevelopment and failure to respect human rights is the fact that 80 per cent of the population is illiterate. Infrastructure is inadequate. Chad has 3,653 primary schools, of which 3,100 are in the interior, 209 secondary schools and 36 high schools. On average there are 70 pupils per class and per teacher. Only 57 per cent of children aged between 6 and 11 go to school. The school curriculum does not correspond to the needs of the country or to the modern age (paragraph 60).
Representative of the Secretary General on the human rights of internally displaced persons
Walter Kälin
Report published: 22 December 2009
Regarding the issue of education, the Representative notes with concern that many children are deprived of their rights for reasons that are in themselves violations of child rights, such as early marriage, forced recruitment or child labour (paragraph 69).
Universal Periodic Review (May 2009)
62. Continue its efforts and initiatives to spread education (Saudi Arabia); (accepted)
63. Strengthen policies to promote education and address educational gender imbalances (Angola); (accepted)
64. Continue its efforts to ensure education for all children and to proceed, with the support and the assistance of the international community, to the necessary arrangements for the improvement of its educational system (Algeria); (accepted)
66. Ensure that, in practice, girls have equal access to education (Netherlands); (accepted)
67. Take all possible measures with the assistance of the international community to eradicate illiteracy and to ensure access to education especially for girls and women (Azerbaijan); (accepted)
UN Committee on the Rights of the Child (Concluding Observations, January 2009)
While the Committee welcomes the fact that corporal punishment has been forbidden in schools, it notes with concern that children are still subjected to corporal punishment in schools, particularly Koranic schools. The Committee also notes with concern that corporal punishment remains lawful in the home, in alternative care centres and as a disciplinary measure in penal institutions.
The Committee recommends that the State party explicitly prohibit by law corporal punishment in all settings, including in the family, in all forms of schools, alternative childcare and places of detention for juveniles, and implement those laws effectively. It also recommends that the State party intensify its awareness-raising campaigns in order to promote the use of alternative forms of discipline in a manner consistent with the child's human dignity and in accordance with the Convention, especially article 28, paragraph 2, taking into account the Committee's general comment No.8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8, 2006) (paragraphs 45 and 46).
UN Committee against Torture
Last reported: 29 and 30 April 2009
Concluding Observations published: 4 June 2009
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).
Universal Periodic Review (May 2009)
37. Take all necessary legislative and policy measures to address and prevent all forms of violence against children in all settings, including corporal punishment, and to strengthen the awareness-raising activities (Slovenia); (accepted)
UN Committee on the Rights of the Child (Concluding Observations, January 2009)
The Committee regrets that the Draft Code on the Person and the Family sets the minimum age for marriage at 18 for boys and 17 for girls, that legally set minimum ages for marriage are not respected and early marriages are widespread in the State party's territory. It is also concerned about the conflict between customary law and the principles and provisions of the Convention in these areas, particularly with regard to the age of the child and the minimum age for marriage.
The Committee urges the State party to ensure the swift adoption of the draft Code on the Person and the Family, which should provide an equal minimum age of 18 for marriage for both boys and girls (paragraphs 28 and 29).
UN Human Rights Committee
Last reported: 16 and 17 July 2009
Concluding Observations published: 11 August 2009
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).
UN Committee on the Elimination of Discrimination against Women
Concluding Observations published: 21 October 2011
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).
Independent Expert on the human rights situation in Chad
Mónica Pinto
Country visit: 7-17 October 2004
Report published: 27 January 2005
Article 9 of Act No. 006/PR/2002 on the promotion of reproductive health prohibits all forms of violence such as female genital mutilation, early marriage, domestic violence and sexual abuse of individuals. Yet matters are different in practice. Information supplied by the Association of Women Jurists, which is a component of the women's associations' Liaison and Information Unit, and the explanations given to the Independent Expert by the Chair of the Higher Council of Islamic Affairs, are inconsistent. While the women lawyers argue for women's right to inherit from their husbands and not to marry against their will, the Higher Council of Islamic Affairs maintains that "in our Chadian customs, there is no forced marriage". Indeed, it points out that a father must consult his daughter before giving her in marriage. Yet the national poverty reduction strategy indicates that, even if the law permits girls to marry from the age of 13, 30 per cent of women say they were forced to marry against their will (paragraph 51).
Report of the Secretary-General on children and armed conflict (February 2011)
SRSG Coomaraswamy
Sexual and gender-based violence, encompassing rape, attempted rape, sexual harassment and exploitation, female genital mutilation, early and forced marriages, undesired/early pregnancies with associated mistreatment, as well as other gender- based violence against women and girls, continued to be a widespread phenomenon in Chad. (para. 30)