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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC
|
Committee on the Rights of the Child
|
Original: FRENCH
|
COMMITTEE ON THE RIGHTS OF THE CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Second periodic reports of States Parties due in 1997
[7 June 2007]
CONTENTS
Paragraphs Page
LIST OF ACRONYMS 5
BASIC INFORMATION ON CHAD 7
INTRODUCTION 1 – 13 13
H. The right not be subjected to torture or other cruel, inhuman
or degrading treatment (art.
37)........................................ 117 – 123 2
V. FAMILY
ENVIRONMENT AND ALTERNATIVE CARE 124 – 151 29
CONTENTS
Paragraphs Page
facilities (arts. 26 and 18, para. 3) 215 44
of education 224 – 226 51
C. Children in situations of exploitation 274 – 300 58
E. Children living or working in the street 301 – 302 61
CONTENTS
Tables
Tableau 1: Basic data on Chad
Tableau 2: Allocation of State budget
Tableau 3: Distribution by category of disability
Tableau 4: Budget of the Ministry of Public Health
Tableau 5: Revenue and expenditure of prefecture health offices
Tableau 6: Neonatal, postnatal, infant, child, and infant/child mortality rates
Tableau 7: Children suffering from malnutrition
Tableau 8: Under-fives exhibiting retarded growth
Tableau 9: State resources allocated to national education
Tableau 10: Gross attendance rates in the first and second cycles of general secondary education
Tableau 11: Retention and drop-out rates in primary education
Tableau 12: Internal performance rates in general secondary education
Tableau 13: Number of primary pupils per teacher
Tableau 14: Number of secondary students per qualified teacher
Tableau 15: Distribution of children deprived of liberty, by detention institution
Tableau 16: Distribution of children deprived of liberty, by place of detention
Tableau 17: Distribution of children deprived of liberty, by reason for arrest
Tableau 18: Distribution of children living or working in the street
Acronyms and Abbreviations
AFJT Chadian Association of Women Lawyers
IDB Islamic Development
Bank
BEAC Bank of Central African States
CAEMC Central African Economic
and Monetary Community
CELIAF Women’s Associations Liaison
Unit
CCSRP College for monitoring and supervision of oil
resources
CEN-SAD Community of Sahel-Saharan States
CNCJ National Youth
Advisory Council
ECOWAS Economic Community of West African
States
ECCAS Economic Community of Central African States
EDST Demographic
and health survey of Chad
EIMT Multiple-indicator survey of
Chad
ENASS National School for Social and Health Workers
EPI Expanded
Programme on Immunization
FGM Female genital mutilation
FOSAP Population
Activities Support Fund
GDP Gross domestic product
HDI Human development
index
ILO International Labour Organization
INSEED National Institute of
Statistics and Economic and Demographic Studies
IUSTA University Institute of
Science and Technology at Abéché (Logone region)
MASF Ministry
of Social Action and the Family
MAT Ministry of Internal
Administration
MEN Ministry of National Education
NGO Non-governmental
organization
PNLS National Programme to Combat HIV/AIDS
PRSP Poverty
Reduction Strategy Paper
UNDP United Nations Development Fund
UNFPA United
Nations Population Fund
UNHCR Office of the United Nations High Commissioner
for Refugees
UNICEF United Nations Children’s Fund
WHO World Health
Organization
Table 1. Basic data on Chad
Administrative data
|
Indicator
|
Value
|
Year
|
Sources
|
||
Area (km2)
|
1 284 000
|
|
|
|||
Regions
|
18
|
2002
|
MAT
|
|||
Departments
|
47
|
2002
|
MAT
|
|||
Sub-prefectures
|
199
|
2002
|
MAT
|
|||
Health offices
|
14
|
2202
|
MSP
|
|||
Departmental education offices
|
29
|
2003-2004
|
MEN
|
|||
|
||||||
Population structure
|
Population (thousands)
|
9 273
|
2005
|
DCAP/MEPC
|
||
Population aged 0-1 year
|
391
|
2005
|
DCAP/MEPC
|
|||
Population aged 6-11 years
|
1 610.5
|
2005
|
DCAP/MEPC
|
|||
Population aged 0-18 years
|
5 032
|
2005
|
DCAP/MEPC
|
|||
Female population (%)
|
52
|
1993
|
RGPH
|
|||
Rural population (%)
|
80
|
1993
|
RGPH
|
|||
Urban population (%)
|
20
|
1993
|
RGPH
|
|||
Natural growth rate
|
3.2%
|
2000
|
DCAP/MEPC
|
|||
|
||||||
Economy
|
Nominal GDP (CFAF 1,000s)
|
2 062 .7
|
2004
|
BEAC
|
||
Non-oil nominal GDP
(CFAF 1,000s) |
1 387
|
2004
|
BEAC
|
|||
Per capita GDP ($US)
|
495
|
2004
|
BEAC
|
|||
Growth rate (real GDP)
|
36
|
2004
|
BEAC
|
|||
Inflation rate (%) (forecast)
|
3
|
2005
|
BEAC
|
|||
|
||||||
Living conditions
|
HDI placing
|
173 out of 177
|
2003
|
UNDP, HDR 2005
|
||
Population below monetary poverty level ($1-2 per day) (%)
|
64
|
1990-2002
|
UNDP, HDR 2005
|
|||
Population with access to drinking water (%)
|
36
|
2004
|
EDST-2004
|
|||
Urban
|
57
|
2004
|
EDST-2004
|
|||
Rural
|
30
|
2004
|
EDST-2004
|
|||
Population with improved latrines or flush toilets (%)
|
4
|
2004
|
EDST-2004
|
|||
Urban
|
17
|
2004
|
EDST-2004
|
|||
Rural
|
1
|
2004
|
EDST-2004
|
|||
|
||||||
Mortality and fertility
|
Infant mortality rate (per 1,000)
|
102
|
2004
|
EDST-2004
|
||
Urban
|
94
|
2004
|
EDST-2004
|
|||
Rural
|
120
|
2004
|
EDST-2004
|
|||
Infant/child mortality rate (per 1,000)
|
191
|
2004
|
EDST-2004
|
|||
Urban
|
179
|
2004
|
EDST-2004
|
|||
Rural
|
208
|
2004
|
EDST-2004
|
|||
Child mortality rate (per 1,000)
|
99
|
2004
|
EDST-2004
|
|||
Urban
|
94
|
2004
|
EDST-2004
|
|||
Rural
|
100
|
2004
|
EDST-2004
|
|||
Maternal mortality rate (per 100,000 live births)
|
1 099
|
2004
|
EDST-2004
|
|||
Life expectancy (years)
|
50
|
1993
|
RGPH
|
|||
Male
|
47
|
1993
|
RGPH
|
|||
Female
|
54.5
|
1993
|
RGPH
|
|||
Summary fertility index (average number of children)
|
6.3
|
2004
|
EDST-2004
|
|||
Health and nutrition
|
Under-fives with weight deficit
|
37
|
2004
|
EDST-2004
|
||
Children with retarded growth (%)
|
41
|
2004
|
EDST-2004
|
|||
Emaciated under-fives (%)
|
14
|
2004
|
EDST-2004
|
|||
Children 6-59 months receiving vitamin-A supplement (%)
|
32
|
2004
|
EDST-2004
|
|||
Children 12-23 months vaccinated against (%):
|
|
|
|
|||
BCG
|
40
|
2004
|
EDST-2004
|
|||
DPT
|
20
|
2004
|
EDST-2004
|
|||
Polio
|
36
|
2004
|
EDST-2004
|
|||
Measles
|
23
|
2004
|
EDST-2004
|
|||
Women having received two or more doses of anti-tetanus vaccine (%)
|
29
|
2004
|
EDST-2004
|
|||
Deliveries attended by qualified health personnel (%)
|
43
|
2004
|
EDST-2004
|
|||
Exclusive breastfeeding rate (children under 6 months) (%)
|
2
|
2004
|
EDST-2004
|
|||
Children 6-9 months receiving food supplement (%)
|
77
|
2004
|
EDST-2004
|
|||
Households consuming sufficient iodized salt (%)
|
56
|
2004
|
EDST-2004
|
|||
Households where under-fives slept under a mosquito net (%)
|
56
|
2004
|
EDST-2004
|
|||
|
||||||
Education
|
Gross attendance rate (%)
|
88
|
2003-2004
|
MEN, DSE 2003-2004
|
||
Boys
|
106
|
2003-2004
|
MEN, DSE 2003-2004
|
|||
Girls
|
69
|
2003-2004
|
MEN. DES 2003-2004
|
|||
CP1 admission rate (start of 2003 school year)
|
107
|
2003-2004
|
MEN, DES 2003-2004
|
|||
Boys
|
123
|
2003-2004
|
MEN, DSE 2003-2004
|
|||
Girls
|
91
|
2003-2004
|
MEN, DSE 2003-2004
|
|||
Drop-out rate
|
13
|
2003-2004
|
MWN, DSE 2003-2004
|
|||
Boys
|
11
|
2003-2004
|
MEN, DSE 2003-2004
|
|||
Girls
|
15
|
2003-2004
|
MEN, DSE 2003-2004
|
|||
Repeated-year rate
|
22
|
2003-2004
|
MEN, DSE, 2003-2004
|
|||
Boys
|
22
|
2003-2004
|
MEN, DSE, 2003-2004
|
|||
Girls
|
23
|
2003-2004
|
MEN, DSE, 2003-2004
|
|||
Children 6-10 in school (%)
|
41.5
|
2004
|
EDST-2004
|
|||
Boys
|
48
|
2004
|
EDST-2004
|
|||
Girls
|
35
|
2004
|
EDST-2004
|
|||
Children 6-15 in school
|
47.5
|
2004
|
EDST-2004
|
|||
Boys
|
57
|
2004
|
EDST-2004
|
|||
Girls
|
38
|
2004
|
EDST-2004
|
|||
Literate women aged 15-59 (%)
|
12
|
2004
|
EDST-2004
|
|||
Literate men aged 15-59 (%)
|
35
|
2004
|
EDST-2004
|
|||
|
||||||
HIV/AIDS
|
Adult HIV rate (%)
|
5
|
2003
|
UNAIDS
|
||
Estimated number of children 0-14 years living with HIV
|
18 000
|
2003
|
UNAIDS
|
|||
Estimated number of women 15-49 living with HIV
|
100 000
|
2003
|
UNAIDS
|
|||
Incidence among pregnant women 15-24 in the capital (%)
|
5
|
2003
|
UNICEF
|
|||
Children 0-17 orphaned by AIDS
|
96 000
|
2003
|
UNAIDS/UNICEF/
USAID |
|||
|
||||||
|
Girls undergoing excision (%)
|
45
|
2004
|
EDST-2004
|
||
Age of excision (years)
|
5-14
|
2004
|
EDST-2004
|
|||
Orphans 0-14 years living in households (%)
|
7
|
2004
|
EDST-2004
|
|||
Protection of children
|
Civil registration of children at birth (%)
|
6
|
2004
|
EDST-2004
|
||
Urban
|
25
|
2004
|
EDST-2004
|
|||
Rural
|
2
|
2004
|
EDST-2004
|
|||
Children 5-17 who work (%)
|
83
|
2004
|
EDST-2004
|
|||
Urban
|
75
|
2004
|
EDST-2004
|
|||
Rural
|
85
|
2004
|
EDST-2004
|
Sources:
- Chad demographic and health survey (EDST), 2004
- Office for Coordination of Population Activities (DCAP) , Ministry of the Economy, the Plan and Cooperation: Chad population projection 2000-2050
- Ministry of Public Health (MSP): Health Statistics Yearbook, 2002
- General population and housing census, 1993 (RGPH)
- Ministry of National Education (MEN): Education statistics, 2003-2004
- UNAIDS: Report on the global HIV/AIDS epidemic, 2004
- UNICEF: The State of the World’s Children, 2005
- Ministry of Internal Administration (MAT): Administrative abstract for October 2002 (Decree No. 415/419/PR/MAT/2002 of 17 October 2002
- UNDP: Human Development Report 2005
- UNAIDS/UNICEF/USAID: Children on the Brink 2004
- BEAC: Principal economic and financial indicators for Chad
INTRODUCTION
1. The realization of children’s rights is a process whose point of
departure dates back to the adoption by the General Assembly
of the United
Nations of the Convention on the Rights of the Child (hereinafter referred to as
“the Convention”). Kofi
Annan has said: “Only as we move
closer to realizing the rights of all children will countries move closer to
their goals of
development and
peace.”[1]
2. The
States which have ratified this international legal instrument have thereby
signalled their adherence to a code of obligations
towards children. For those
States which have placed children’s rights in the front rank of human
rights objectives, compliance
with article 44, paragraph 1, of the Convention,
on reporting, is an imperative.
3. The present report is the response of
the Government of Chad to the obligation of States parties to prepare a periodic
report every
five years. This report was drawn up in accordance with the new
general guidelines adopted by the Committee on the Rights of the
Child on 3 June
2005 (CRC/C/58/Rev.1); it covers the period 1999-2006.
4. Chad prepared
its initial report in 1997 (CRC/C/3/Add.50). That report was considered by the
Committee in 1999 at its 546th and
548th meetings, on 24 and 25 May 1999
(CRC/C/SR.546 and 548). The Committee’s concluding observations are dated
24 August 1999
(CRC/C/15/Add.107).
5. With a population of 9.273 millions
in 2005 Chad remains one of the planet’s poorest countries. Its social and
economic situation
has deteriorated considerably. According to the Human
Development Report 2005 of the United Nations Development Programme (UNDP),
Chad moved from 167th place out of 177 countries in 2000 to 173rd place in
2005.
6. However, it is pointed out in the country’s Poverty
Reduction Strategy Paper (PRSP) that Chad is enormously rich in potential,
especially in natural resources (water, cultivable land, livestock, minerals).
The area of cultivable land is estimated at 2.2 million
hectares and irrigable
land at 5.6 million hectares. Renewable groundwater resources are estimated at
almost 20 billions cubic metres
a year, while the exploitable resources of
the big aquifers are estimated at between 260 and 540 billion cubic metres. The
subsoil
abounds in minerals such as salt, natron, uranium, gold, diamonds,
kaolin, etc., but the most important is the oil which is currently
being
extracted.
7. The abundance of these natural resources stands in contrast
to the people’s standard of living. The PRSP states that Chad’s
social and economic indicators are among the lowest in the countries of
sub-Saharan Africa. Sixty-four per cent of the population
lives below the
poverty threshold; the rate of coverage of child vaccination remains extremely
low. Only 11 per cent of children
aged 12 to 23 months have received all the
vaccinations of the Expanded Programme on Immunization (EPI); a large part of
the population
lives with chronic food insecurity; 90 per cent of the housing
remains vulnerable to bad weather; only 1 per cent of the population
has access
to electricity and 23 per cent to drinking water; less than 10 per cent of the
population enjoys basic sanitation services.
8. The annual per capita
income was $495 in 2005, compared with $193 in 2000. This increase is due mainly
to the exploitation of oil.
However, the oil revenues are not shared equitably,
so that this figure does not automatically imply an improvement in the
people’s
standard of living.
9. The education system has widespread
geographical and gender disparities in terms of access to school and the quality
of the teaching
and learning. The people’s standards of education remain
very low, in particular among women. About 75 per cent of women in
the 15-49 age
group and 47 per cent of men in the 15-59 age group have never been to school.
The gross rates of primary schooling
are 75 and 51 per cent respectively for
boys and girls (EDST-2004).
10. Where health is concerned, life
expectancy at birth is 47 years for males and 50 years for females. The overall
infant/child mortality
rate remains very high at 191 per 1,000. The maternal
mortality rate is estimated at 1,099 per 100,000 live births. Thirty-seven
per
cent of children aged under five years suffer from chronic
malnutrition.
11. Chad is still grappling with a social and economic
crisis marked by uprisings throughout the country and by strikes caused by
irregular payment of wages. It is also having to cope with an influx of refugees
both from Sudan (220,000) in the east of the country
and from the Central
African Republic (over 40,000) in the south.
12. In order to secure the
people’s welfare the Government has undertaken a policy of sustainable
human development which focuses
the country’s development on the promotion
of human rights. In a context of widespread poverty and extreme poverty, the
Government
intends to provide the whole population with access to basic social
services.
13. The Government is working with its national and
international partners to attain the Millennium Development Goals and improve
the living conditions of the people of Chad.
1. GENERAL MEASURES OF APPLICATION
(arts. 4, 42
and 44, para. 6)
14. In response to the Committee’s concluding observations
(CRC/C/15/Add107) the Government adopted a series of measures, some
of which are
currently being put into effect:
(a) The promulgation of Act No.
016/PR/99 containing the Water Code and regulating the management of and
exploitation of surface-water
resources. This Act applies to the water resources
found around the perimeter of the country’s territory and specifies the
uses of water resources. Article 23, for example, contains a list of the
activities prohibited in the perimeter protection zone,
such as the dumping of
wastes, including excrement, and the excessive pumping of water. Article 35
provides for the rational use
of water in the light of the needs of other users
and environmental considerations.
(b) The promulgation, on 15 April
2002, of Act No. 06/PR/2002 on the promotion of reproductive health. This Act
provides for the
freedom of responsible and sensible choice to marry, or not to
marry, and to start a family, as well as for the right to information
and
education. It specifies the right of access to the necessary means of
contraception in knowledge of the advantages, risks and
effectiveness of all
methods of regulating births, the right not to suffer torture and other cruel,
inhuman or degrading treatment
of the body in general and the reproductive
organs in particular. It prohibits all forms of violence such as female genital
mutilation,
early marriage, domestic violence, and sexual violence against the
human person.
15. It must be pointed out, however, that this Act is
difficult to apply in terms of the general legal principle that the criminal
law
must be interpreted strictly. In Act No. 06 the Legislature merely prohibited
female genital mutilation, early marriage, domestic
violence and sexual violence
against the human person without specifying the applicable
penalties.
16. This shortcoming will be corrected in the draft text
revising some of the provisions of the Criminal Code for the benefit of
children;
this text regards these acts as reprehensible and stipulates very
specific penalties for them.
17. In order to make the registration of
civil status obligatory and bring the civil registry offices closer to the
communities, a
revised version of Ordinance No. 03/INT of 2 June 1961,
regulating civil status in the national territory, was approved in 2003,
and the
National Assembly is in the process of adopting it.
18. A study on the
harmonization of the national legislation with the Convention and the African
Charter of the Rights and Welfare
of the African Child was initiated in 2001
with UNICEF support. It facilitated the identification of the legal gaps and the
places
where some of the national legislation was not consistent with the
ratified instruments on children’s rights and the drafting
or revision of
such legislation to bring it into line. It must be stressed that the
ratification of the African Charter in 2000 marked
a new departure, making it
possible to address the specific problems of African children which are not
covered by the Convention.
19. On the topic of ratification, Chad has
also ratified other international legal instruments on the protection of
children:
- The Optional Protocols on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict (28 August 2002);
- ILO Convention No. 182 concerning the worst forms of child labour (August 2002);
- ILO Convention No. 138 concerning the minimum age for admission to employment (August 2002);
- The judicial assistance agreements of the Central African Economic and Monetary Community (CAEMC) and the Community of Sahel-Saharan States (CEN-SAD)
20. The Criminal Code, revised in 2002 but not yet
promulgated, addresses the suppression of attacks on the physical and moral
integrity
of women and children, in particular trafficking in children, sexual
harassment, paedophilia, and incest.
21. The decree giving effect to the
Labour Code, which regulates child labour, was approved in 2004.
22. A
draft code on the protection of children is being prepared under the Chad-UNICEF
programme of cooperation for 2006-2010. Studies
were completed on child domestic
labour in N’Djamena and on the situation of mouhadjirin
children (children entrusted to marabouts (religious teachers) to study
the Koran) in 2005 and 2006 respectively. The National Plan of Action to Combat
the Sexual Abuse and
Exploitation of Children was launched in
2005.
23. But the efforts to promote the Convention are constrained by
the powerful influence of customs and traditions and by difficulties
with the
adoption and application of the new instruments which have been
drafted.
24. Some progress has been made, with the support of partners,
in the collection and centralized processing of data. A multiple-indicator
survey (EIMT) and a demographic and health survey were conducted in 2000 and
2004 respectively, providing data disaggregated by sex,
region and social
stratum in the areas of health, fertility, female genital mutilation,
disabilities, maternal and infant mortality,
AIDS, and a number of aspects of
protection, including the prevention of child labour and the right to be
registered at birth.
25. Where monitoring arrangements are concerned, the
Ministry of Social Action and the Family (MASF), by virtue of the mission
assigned
to it, is responsible for the design, coordination and monitoring of
the Government’s social policies. It plays a crucial role
in the social
advancement and protection of vulnerable groups in general and of children in
particular.
26. The Ministry coordinates all activities for the benefit
of children. It carries out this mission through the Department for Children
created for this purpose in 1994. However, in the light of the mission goals and
owing to the multisectoral nature of the protection
of children, a partnership
system bringing in other sectors, both on the governmental side and from civil
society, has been developed
in order to ensure coordination of the
work.
27. A plan to set up a committee to monitor the application of the
Convention was submitted to the Prime Minister, but nothing has
come of it
yet.
28. In an effort to promote respect for human rights, a department
with special responsibilities in this area was established in the
Office of the
Prime Minister and assigned the mission of defending fundamental rights. This
department also receives complaints from
citizens who have suffered abuse
and violation of their rights.
Preparation of the present
report
29. The process of preparing the present report began with a
two-day information session on the new guidelines for drafting reports
on
the application of the Convention, led by an international consultant, a member
of the United Nations Committee on the Rights
of the Child.
30. The
participants were chosen in the light of the crosscutting nature of the issue of
the protection of children and of the essential
need for the support of certain
institutions in implementing the Convention, such as the Ministry of Finance for
all matters of financial
resources and the Ministry of the Economy, the Plan and
Cooperation through the National Institute of Statistics and Economic and
Demographic Studies (INSEED) for data collection and matters of
international cooperation.
31. Following this two-day session, a working
group set about collecting data for the compilation of all the materials for the
report.
32. The Technical Committee devoted three days to exchanges with
14 NGOs and two days to exchanges with 13 youth associations working
for
children. These meetings produced a balance sheet of the Government's
achievements for children, which indicated that the efforts
will have to be
continued, in particular to develop the health and school infrastructure and
build up capacities in the social and
health fields.
33. The NGOs have
given emphasis to dissemination of the Convention, legal and judicial assistance
for children, assistance with the
social reintegration of vulnerable groups,
capacity building for specialized personnel, and the introduction of formal
arrangements
for coordinating and monitoring the application of the
Convention.
34. Next, a four-day workshop was convened to review and
complete the draft report approved at a national workshop held on 24 and
25 July
2006 in N’Djamena. This workshop was attended by all the persons and
bodies involved in implementing the Convention.
35. The Government has
not, however, lost sight of the Committee’s concerns about the
insufficiency of the financial and human
resources assigned to promote the
exercise of all the rights set out in the Convention. It has thus given priority
to the sectors
regarded as essential in its fight against poverty (public
health, social and family action, education, and infrastructure). The
budgetary
allocations for these sectors are automatically increased by 20 per cent a year,
and the public works investment budget
accounts for almost 20 per cent of total
appropriations under the budget. Between 1998 and 2002 the share of the priority
sectors
in the (projected) disbursement credits allocated to non-personnel
operating costs increased considerably, from 34 per cent in 1994
to 41
per cent in 2001 and 49 per cent in 2002.
Table 2. State budget allocations (CFAF 1,000s)
Year
|
Total budget
|
National education
|
Social Action
|
Health
|
2002
|
409 500 265
|
35 144 377
|
8 192 233
|
27 163 984
|
2003
|
395 724 188
|
46 144 377
|
4 538 276
|
33 408 625
|
2004
|
484 246 759
|
54 667 476
|
6 161 890
|
40 191 281
|
2005
|
527 199 830
|
58 010 947
|
8 936 164
|
|
2006
|
641 299 000
|
30 859 711
|
5 080 934
|
18 894 999
|
Sources: General State Budget, financial years 2002, 2003, 2004, 2005
and 2006.
36. It should be pointed out that Chad has been an
oil-producing country since 2003.
37. The Oil Revenue Management Act
established a College to monitor and supervise oil resources (CCSRP) made up of
representatives
of the Government, the National Assembly, the judicial system
and civil society.
38. Several training courses were organized for the
purposes of publicizing the Convention for:
- 46 labour judges and inspectors in 2002;
- 50 social workers in 1999;
- 190 opinion leaders in 1999;
- 30 leaders of defence associations and 95 marabouts in 2003 and 2004;
- 50 members of social mobilization cells in the intervention zones of the
Chad-UNICEF programme of cooperation in 2005;
- 3 instructors on the rights and protection of children at risk of trafficking in 2005;
- 21 trainers of trainers on the Convention deployed in the country’s six big towns in 2005;
- 200 social workers specializing in psycho-social support in 2003-2005.
39. In addition to these training courses, there
are regular awareness-raising campaigns and radio broadcasts aimed at the grass
roots
on problems affecting children’s rights.
Cooperation with
civil society, including youth groups
40. The new arrangements for
cooperation between the public authorities and civil society prospered under the
process of democratization
of the country launched more than a decade ago, which
enabled civil society increasingly to assert itself as an important and
indispensable
player in sustainable human development. Civil society is often
represented or consulted with regard to the action taken by the Government
to
improve the people’s well-being. In 2005 there were 367 youth
associations and 508 associations for the defence of human
rights.
41. Civil society is deeply involved, for example, in the
preparation of a draft code on the person and the family and of a national
good
governance strategy and it is represented in the CCSRP.
42. The
Government also turns to young people as partners in the search for solutions to
their problems. Youth associations are involved
in the implementation of a
number of youth programmes, in particular the programmes on HIV/AIDS,
reproductive health, and the integration
of young people in society, with the
support of partners such as the Conference of Ministers of Youth and Sport of
the French-speaking
Countries (CONFEJES), the World Bank, the United Nations
Population Fund (UNFPA), and the International Francophone
Organization.
43. Various programmes and projects have been implemented,
including:
- The National Programme to Combat HIV/AIDS (PNLS);
- The Population Activities Support Fund (FOSAP);
- The project “Population and the fight against AIDS” (PPLS);
- The ongoing formulation of the national policy for orphans and children rendered vulnerable by HIV/AIDS;
- Programmes on health/nutrition, education for all, protection of children, and HIV/AIDS, as well as on policies, communication and partnerships, as part of the Chad-UNICEF programme of cooperation;
- The National Plan of Action to Combat the Sexual Abuse and Exploitation of Children;
- The policy for the integrated development of young children;
- The national civil status strategy.
44. Violations of
children’s rights are being reported in increasing numbers to the
competent legal bodies. It is nevertheless
true that some such violations do not
receive punishment proportionate to the gravity of the acts in question, not
through negligence
but because of the legal void faced by the courts. The
Criminal Code was revised and approved in 2005, but the revised version has
not
yet been promulgated.
II. DEFINITION OF THE CHILD (art. 1)
45. A draft code on the person and the family prepared in 1999 raises the
minimum age of marriage to 18 years for boys and 17 years
for
girls.
46. Where consent is concerned, Act No. 06/PR/2002 on the
promotion of reproductive health establishes the freedom to marry, or not
to
marry, and to start a family, as well as the right to information and education.
It also establishes the right of access to the
necessary means of contraception
in the knowledge of the advantages, risks and effectiveness of all methods of
regulating births.
47. Despite the fixing of a minimum legal age, early
marriage remains very widespread in Chad. In practice, 50 per cent of women aged
25 to 49 have contracted a union by the age of 15.9 years (EDST-II, 2004),
a situation virtually unchanged since 1996-1997.
48. Moreover, 71 per
cent of girls marry before age 18 (65 per cent in urban areas and 74 per cent in
rural areas). At age 17, 42
per cent of young women already have a child or are
pregnant for the first time.
49. The Electoral Code fixes the right to
vote at 18 years.
50. The minimum age for admission to employment (14
years) is rarely respected. The endemic poverty in which parents live prompts
them to send their children to the labour market very young, exposing them to
the worst forms of work; the commonest are the use
of children as
livestock-herders or domestic servants; in the latter case they are often
subjected to sexual abuse and exploitation.
51. A survey on child labour
in the informal sector (UNICEF, 1998) estimated the proportion of child workers
aged 6 to 18 at 19 per
cent, including 5 per cent aged 6 to 9 working at least
four hours a day. Three out of four children (75 per cent) had worked, as
had 18
per cent aged 0 to 12 and 28 per cent aged 13 to 14.
52. According
to EDST-2004, 43 per cent of children aged 5 to 7 work in the home, with
13 per cent of them spending over four hours
at such
work.
53. UNICEF and other development partners have supported the
implementation of a project to combat the use of children as herders
and the
National Plan of Action to Combat the Sexual Abuse and Exploitation of
Children.
54. The age of criminal responsibility is 13 years in
Chad.
55. The age of recruitment into the army is fixed at 18 years
(Ordinance No. 001 of 16 January 1991).
III. GENERAL PRINCIPLES
A. Non-discrimination
(art. 2)
56. The principle of non-discrimination is established in articles 13 and
14 of the Constitution of Chad.
57. Pursuant to article 13 Chadians of
both sexes have the same rights and duties. They are equal before the
law.
58. Article 14 provides that all Chadians are equal before the law
without distinction as to origin, race, sex, colour, religion or
social or
political position. The State has a duty to attend to the elimination of all
forms of discrimination against women and
to ensure that their rights are
protected in all areas of private and public life.
59. However,
discrimination between boys and girls persists in practice in
education.
60. There are wide disparities in attendance rates between
boys and girls. In the 6-15 age group the rate of school attendance by
boys is
57 per cent, against only 38 per cent by girls. This gap widens with age and the
level of study. In the 16-20 age group 50
per cent of boys are in education,
against only 17 per cent of girls.
61. Accordingly, despite the efforts
to improve the attendance rate of girls and narrow the gap between girls and
boys, the gap persists.
62. The reasons for the low rate of attendance by
girls can be classified as:
(a) Socio-cultural: early marriage,
domestic work, reluctance of parents to send their daughters to school, and
poverty;
(b) Institutional: insecurity caused by the distance which
must be travelled to school, and unsuitable infrastructure and
equipment.
63. Discrimination is sometimes legitimized by the law. To
give just a few examples, article 277 of the Criminal Code implicitly fixes
the
age of marriage at 13 years, for it prohibits only customary marriage before
that age. Furthermore, rape is implicitly allowed,
for article 289, paragraph 2,
of the Criminal Code provides that if a kidnapped or abducted minor marries her
abductor, he may be
prosecuted only on the basis of an application by persons
having the legal capacity to request annulment and he may not be convicted
until
after such annulment. The persons having the legal capacity to request the
annulment of the marriage are often co-perpetrators
or accomplices in the
abduction of the girl or in marriage by abduction.
64. In addition, the
application of customary law by the courts in civil cases gives rise to a real
problem of the protection of the
rights of women and children, in particular the
right of inheritance, and encourages discrimination between the children of a
marriage.
Articles 70 et seq. of Ordinance No. 6-67 on reform of the
judicial system, partially abrogated by Act No. 04/PR/99, provide inter
alia that “when
the parties are of different legal status, the succession
shall be governed by the custom of the deceased”. The fact is that
according to most such customs a woman does not inherit from her deceased
husband or inherits only one quarter of the goods left
(Islamic law). Girls
inherit only one half of the share inherited by boys.
65. Ordinance No.
03/INT of 2 June 1961, which regulates civil status, does not provide for the
civil registration of children born
to refugee parents. This legal gap is being
filled by a bill providing for the civil registration of all children born in
the national
territory.
66. The Criminal Code and Ordinance No.03/INT/61
have been revised and a draft code on the person and the family has been
prepared
in order to remedy such violations of rights (both instruments are
awaiting promulgation), and measures of awareness raising and
social
mobilization have been introduced at the grass-roots level with a view to
initiating a change of behaviour.
67. Chad’s legislation
accords the same legal status to children born of a marriage and to children
born out of wedlock if they
are acknowledged.
B. Best interests of the child (art. 3)
68. Further to the information given on this subject in the initial
report, the courts attend to the higher interests of the child
under the
protection provisions of the law. Special attention is given to juvenile
offenders under Act No. 07/PR/99 of 6 April 1999
on the procedure for
prosecuting and the trying offences committed by children aged 13 to 18 under
special arrangements which give
priority to measures of assistance and
supervision.
69. The Criminal Code addresses the suppression of certain
acts of violence against children and women, in particular acts of violence
against pregnant women, sexual harassment, incest, paedophilia, prostitution,
and trafficking in children.
70. Visits by rural children to towns and
the terms of their admission to cinemas and bars are regulated by Decree No.
100/PR/AFSOC
of 18 June 1963.
71. Adoption is subject to regulation and
is regarded as a measure for securing a child’s well-being by finding him
or her a
family. Enquiries are made to verify that the capacity and the moral
standing of the adoptive family will enable it to take proper
care of the child
to be adopted.
C. The right to life, survival and development (art. 6)
72. In addition to the legislation guaranteeing the right to life, the
Government has adopted strategies and programmes on children’s
survival
and development. These are:
- The Strategy for Promoting Children’s Survival and Development (SASDE), which is to be a national strategy;
- The Expanded Programme on Immunization (EPI);
- The Programme to Combat Diarrhoea and Acute Respiratory Infections;
- The Programme to Combat Malnutrition and Micronutrient Deficits, including the promotion of breastfeeding.
73. A policy for the integrated
development of young children was also prepared and approved in 2005, setting
the goal of ensuring
by 2015 that 100 per cent of children aged 0 to 8 years
have had their birth registered, enjoy protection against violence, exploitation
and discrimination, and are in good health and developing harmoniously in
physical, cognitive, socio-affective and psychological
terms. To this end, a
project on the education of parents was carried out under the Chad-UNICEF
programme of cooperation for 2006-2010.
74. In addition, a programme to
prevent the transmission of HIV/AIDS from mother to child was introduced in the
health services throughout
the country. The aims are to:
(a) Promote
diagnosis in women attending for voluntary antenatal checks;
(b)
Provide treatment for seropositive women;
(c) Provide treatment for and
monitor children born to seropositive mothers;
(d) Ensure the proper
nutrition of mother and child.
75. Despite the introduction of these
programmes, the infant mortality and malnutrition rates remain high. The
findings of EDST-2004
show that, for every 1,000 live births, 102 children die
before their first birthday. The overall risk of a child’s dying before
its fifth birthday is 191 per 1,000.
76. According to the
multiple-indicator survey (EIMT), the infant and child mortality rates are 105
and 194 per 1,000 respectively.
77. The nutritional situation remains
critical for under-fives. Forty-one per cent of children living with their
mother (against 40
per cent in 1996-1997) suffer from moderate chronic
malnutrition and almost one child in five (23 per cent against 20 per cent in
1996-1997) suffers from severe chronic malnutrition.
78. Births must be
declared within a time limit of two months, by the mother or father, an
ascendant or other close relative, or any
person who was present at the birth,
at the civil registry office in whose jurisdiction the birth took place
(Ordinance No. 03, art.
9).
79. Despite the legislation, the rate of
civil registration of births is declining slightly. Only one child in 10 (10 per
cent) has
been declared, 6 per cent of them within the three months following
the birth, while on the basis of EIMT-2000 (INSEED, 2001) it
was estimated that
one in four of the births of children aged under five years had been registered.
The proportion of declared births
increases with the age of the child, from
8 per cent for age 0-2 years to 11 per cent for age 5-9 years. The older the
child, the
more likely is his or her birth to be registered “late”,
usually when school attendance begins.
80. Declarations of
acknowledgement of a child must be made by the mother in person. They are
receivable only at the time of registration
of the child and may be recorded
only on the birth certificate.
81. Declarations of death must be made
within a time limit of two months, by the surviving spouse, an ascendant or
other close relative
of the deceased, or any person who was present at the
death, at the civil registry office in whose jurisdiction the death occurred.
(Ordinance No. 3, art. 12).
82. In order to help to increase the
registration of civil status, draft legislation on the modernization of the
registration arrangements
and on support for strengthening these arrangements in
Chad has been produced with backing from UNDP and the European
Union.
83. UNICEF has also been supporting since 2002 the
Government’s efforts to improve the rate of civil registration of
births.
D. Respect for the views of the child (art. 12)
84. Children having attained a certain degree of maturity have the right
to express their views before the courts on certain matters
concerning them, in
particular adoption and the award of custody. Such views are assessed
exclusively by the judge, guided by the
best interests of the
child.
85. Respect for children’s views is increasing as a result
of their involvement in the formulation and implementation of policies
and
programmes concerning children. Furthermore, the opportunities for children to
express their views have been increased by the
establishment of the
Children’s Parliament and the formation of children’s associations,
where they can say freely what
they think.
86. However, a child is not
regarded as a subject of law, and a child’s opinion is not required in the
family context on matters
concerning him or her. The parents and/or legal
representatives often decide in a child’s place.
87. In order to
correct this situation, measures have been introduced to raise awareness of the
Convention on the part of parents
and communities, with a view to changing their
behaviour.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and
nationality (art. 7)
88. In order to correct the defects in the present civil-registration
arrangements regulated by Ordinance No. 03/INT of 2 June 1961,
the Government
has prepared, in the context of the draft legislation on modernization of the
registration arrangements, a national
strategy paper on such registration, one
of the aims of which is to raise people’s awareness of the importance of
civil registration,
together with a bill on the civil-registration arrangements
which, if it is promulgated, will constitute a response to the Committee’s
concerns about the registration of births. The new arrangements will include the
compulsory registration of births in both the sedentary
and the nomadic
population, with the possibility of introducing mobile offices for the nomads.
In addition, the time limit for registration
of births has been reduced. It will
be one month instead of two for the sedentary population and two months instead
of four for nomadic
population.
89. The key elements of identity, namely
surnames and forenames, date and place of birth, sex, names of the child’s
father and
mother or of the person acknowledging the child, are recorded at the
time of civil registration.
90. In addition, campaigns have been carried
out to raise the awareness of opinion leaders and the grass roots of the
importance of
registering children at birth, and training courses have been held
for social workers and health workers.
91. District and other local
authorities and village chiefs and the civil-registration offices in the
intervention zones of the Chad-UNICEF
programme of cooperation have been
provided with ledgers for recording declarations of birth, and the offices have
been equipped
to issue birth certificates.
92. All children have a right
to acquire a nationality in accordance with the Nationality Code, which provides
for the granting of
nationality to legitimate and natural children born in Chad
without any other nationality, to children born in Chad of unknown parents,
and
to children born in Chad of foreign parents.
B. Preservation of identity (art. 8)
(See
CRC/C/3/Add.50, paras. 72-77)
C. Freedom of expression (art.
13)
93. The principle affirmed in article 27 of the Constitution remains in
place. This is confirmed by the establishment of the Children’s
Parliament on a permanent footing by Decree No.
634/PR/MASF of 31
December 2000, with the aims of:
- Awareness-raising;
- Mobilization;
- Putting across to children, parents, public authorities and other entities the facts of the situation of children.
94. The Parliament serves
as a space for expression and debate with a view to creating a spirit of
solidarity and cohesion among them.
95. In addition, the Ministry of
Communication and Culture has introduced programming arrangements giving ample
opportunities for
children to participate in radio and television
broadcasts.
96. This freedom of expression, however, is not enjoyed to
the full by all children. In rural areas the weight of tradition and custom
obstructs the full exercise of this right.
D. Freedom of thought, conscience and religion (art. 14)
97. Like the freedom of expression, the freedom of thought, conscience
and religion is guaranteed by article 27 of the Constitution.
98. Under
the programme “Advocacy and promotion of rights” the Ministry of
Communication and Culture has held several
workshops on the rights of the child
for traditional and religious leaders.
99. The provisions of the
Convention concerning the freedom of thought, conscience and religion have
aroused lively debate, especially
with religious leaders, on the fundamental
principles of a secular State. Some parents do not allow their children to
choose a religion
other than the parents’ own.
100. The same
attitudes are also found in the case of marriage, even though Act No. 06/PR/02
of 15 April 2002 on the promotion of
reproductive health accords to all persons
the right to marry or not to marry.
E. Freedom of association and peaceful assembly (art. 15)
101. Freedom of association and peaceful assembly is a principle of the
Constitution. It is regulated by the following national instruments:
- Ordinance No. 27/INT/SUR of 12 July 1962 and Decree No. 165 of 23 August 1962 regulating associations;
- Ordinance No. 45 of 27 October 1962 regulating meetings.
102. New associations have been created to tackle
the increasing violence in schools; they are doing remarkable work on the
ground,
assisted by NGOs owing to the limited resources of the State bodies.
Attention may be drawn inter alia to:
- The Committee for Peace in Schools;
- The children peace ambassadors.
103. In addition, persons
deeply concerned with children’s problems have joined together in
associations for the promotion,
protection and defence of children’s
rights. These associations include:
- The Chadian Association of Volunteers for Training Schoolgirls;
- The Chadian Forum of Women Teachers and the Union of Women for Peace.
104. These two associations have children’s
cells in schools.
105. The Chad Association of Women Lawyers is pursuing
its mission of providing legal and judicial assistance to women and
children.
106. In 2005 the country had 367 youth associations and 508
associations for the defence of human rights.
F. Protection of privacy (art. 16)
107. With reference to the legal provisions protecting children’s
privacy described in the initial report, Act No. 07/PR/99
of 6 April 1999,
containing the procedure for prosecuting and trying offences committed by
children aged 13 to18, reinforced this
protection by prohibiting any reporting
of a trial involving a minor.
108. In addition, with a view to avoiding
stigmatization of children who suffer sexual abuse or exploitation, the medical
and psycho-social
care which they receive is provided confidentially and with
the victim’s consent.
G. Access to appropriate information (art. 17)
109. Access to information is guaranteed by article 27 of the
Constitution.
110. The programming of Chad Television (TVT) and Chad
National Radio (RNT) gives ample opportunities for children to participate
in
broadcasts.
111. On the first Sunday of December every year a
Children’s Radio and Television Day is held by RNT and TVT. Throughout
this
Day children act as the lead presenters of programmes on children’s
topics.
112. Children are involved in the formulation and review of
projects under the Chad-UNICEF programme of cooperation.
113. From to
time child parliamentarians make representations to the country’s highest
authorities on issues related to the
situation of children in
Chad.
114. According to EDST-2004, the younger generation has greater
media access than adults.
115. However, such access is generally very
limited: more than three quarters of women (76 per cent) and a smaller
proportion of men
(42 per cent) have no access. Compared with EDST-I there is a
clear improvement in the case of men and stagnation, even a slight
decline, in
the case of women (women - 76 per cent, against 75 per cent in EDST-I; men - 42
per cent, against 56 per cent in EDST-I).
Radio remains the most widely used of
the media.
116. Twenty-two per cent of women and 56 per cent of men say
that they listen to the radio at least once a week.
H. The right not to be subjected to torture or other
cruel, inhuman
or degrading treatment or punishment (art. 37)
117. The right to life is a principle which applies equally to children.
It is given effect in Act No. 07/PR/99 of 6 April 1999 containing
the
procedure for prosecuting and trying offences committed by children aged 13-18;
the Act protects a child’s dignity and
personality even when the child has
perpetrated an offence. It prohibits the imposition of the death penalty on
minors and stipulates
that imprisonment shall be ordered only as a measure of
last resort.
118. The Act reduced the maximum period during which
children may be held in police custody from 48 to 10 hours.
119. Act No.
06/PR/2002 on the promotion of reproductive health establishes the right to be
protected against the infliction of torture
and other cruel, inhuman or
degrading treatment on the human person in general and on the reproductive
organs in particular. It prohibits
all forms of violence, including female
genital mutilation, early marriage, domestic violence, and sexual violence
against the human
person.
120. All child offenders also receive legal
assistance. However, in practice the right to a defence counsel remains
precarious owing
to the concentration of lawyers in the capital and their lack
of interest in commissions by judges to defend minors who are being
prosecuted.
It must also be stressed that this legal assistance is restricted to criminal
cases, contrary to the spirit of the law,
which is not restrictive in this
way.
121. Despite the protection provided by the legislation, violence is
the common fate of most children in need of special measures
of protection.
Given the legitimacy of tradition, it is a commonplace to see children beaten
for sometimes minor misbehaviour by
their parents, guardians or employers in the
home, in care institutions for children, especially the mouhadjirin, in
schools and in detention centres, as well as in the street. Violence is also
inflicted by children on each other and on adults,
especially
teachers.
122. In order to tackle this problem, associations for the
defence of human rights, children peace ambassadors and students’
councils
have carried out awareness-raising campaigns in the schools, and the topic
“education in peace” has been incorporated
in the
curriculum.
123. In addition, under the programme for the protection of
children the Government is carrying out advocacy and awareness-raising
activities at the grass roots in order to change people’s
behaviour.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
A.
Parental guidance (art. 5)
124. The Government is continuing its efforts to provide education for
parents throughout the country. The Policy for the Integrated
Development of
Young Chadian Children (DIJET), for example, puts the emphasis on the education
of parents and the expansion of prevention
facilities such as nurseries,
kindergartens and social centres. These facilities are backed by private
initiatives.
125. A total of 77 community nurseries has been established,
including 49 in the refugee camps and 28 in other parts of the country.
B. Parental responsibilities (art. 18)
126. The acts constituting abandonment of the family referred to in
article 295 of the Criminal Code have been extended as part of
the revision of
certain provisions of the Code for the benefit of children. For example, not
only will refusal to comply with a maintenance
order made by a court constitute
abandonment of the family but this same interpretation will also be put on
absence from the family
without news for at least a month. The amounts of the
penalties have also been increased.
C. Separation from parents (art. 9)
127. The family is the ideal setting for bringing up children. The
situation remains unchanged since the initial report.
128. In the event
of removal of a child from the family environment, the law provides court
procedures to ensure that due account
is taken of the child’s best
interests and that his or her opinion is sought as well. The parent to whom
custody is not awarded
still has the right to visit and to be visited by the
child.
129. An order for award of custody is not final. It may be
reviewed whenever the child’s best interests so require.
D. Family reunification (art. 10)
130. Chad’s legislation addresses the question of family
reunification in peacetime and in periods of emergency. In practice,
a
child’s entry into Chad for reunification is subject only to the
normal entry formalities.
E. Recovery of maintenance for the child (art. 27)
131. Since this is such a vital matter, applications for maintenance are
always processed under an emergency procedure.
132. In practice, problems
with the recovery of maintenance are rarely brought before the criminal courts
pursuant to article 295
of the Criminal Code.
133. Furthermore, the
problem of the recovery of maintenance when the claimant and the person from
whom the maintenance is due live
in different countries is an acute one, for
Chad has not ratified the Convention concerning the recognition and enforcement
of decisions
relating to maintenance obligations towards children or the 1993
Hague Convention on Protection of Children and Cooperation in respect
of
Intercountry Adoption.
134. The number of applications for maintenance
has increased in the last three years owing to the many campaigns to make women
more
aware of their rights; these campaigns are conducted by women’s
associations, notably the Chadian Association of Women’s
Lawyers
(AFJT).
F. Children deprived of a family environment (art. 20)
135. The Government has not formulated an appropriate strategy for the
placement and care of children.
136. The only facility is the Koundoul
centre established by the State, which currently houses about 60 street children
and children
in moral danger. But this facility is not open to girls since the
design of the centre in 1962 did not take girls into account. However,
there are
some private institutions supporting the State in the care of these
children.
137 These care facilities do not operate properly owing to a
shortage of qualified staff and the absence of standards of protection.
In order
to address these concerns, the Chad-UNICEF programme of cooperation was planning
to work on the drafting of such standards
in 2006.
G. Adoption (art. 21)
138. For national adoption the legal basis is the Civil Code, but
concerns persist in the case of international adoption, for Chad
has still not
ratified the 1993 Hague Convention.
139. This legal lacuna makes it
impossible to monitor children adopted by foreigners and it exposes such
children to the risks of
exploitation in a context of increasing trafficking in
children.
140. The N’Djamena court of first instance granted three
adoptions to foreign couples in 2005 and a further eight from January
to June
2006.
141. The adoption procedure is rarely respected in practice. The
traditional method of adoption to which the Committee drew attention
is
unfortunately expanding as a result of the increasing numbers of orphans and
children rendered vulnerable by HIV/AIDS, who are
taken in by families without
any legal proceedings.
H. Illicit transfer and non-return (art. 11)
142. The bill revising the Criminal Code increases the amounts of the
penalties which may be imposed on persons who kidnap or abduct
children.
143. Since the increased trafficking in children is a
transboundary problem, Chad began to tackle this scourge at the regional
level,
where the efforts resulted in the signature, on 6 July 2006 at
Abuja, of a multilateral agreement on regional cooperation and a joint
ECOWAS/ECCAS plan of action to combat trafficking in persons, in particular
women and children.
144. A national project to combat the exploitation of
child workers as herders, which has been identified as a form of trafficking
in
children, has been implemented in the regions affected by this problem.
I. Abuse and neglect (art. 19)
145. Chad’s criminal legislation condemns all forms of violence
against the person, and when such violence is inflicted on a
minor the courts
automatically deem that circumstance to be aggravating. Other forms of violence
against children, such as trafficking
in children, torture, maltreatment and
cruel, inhuman or degrading treatment are being addressed in the revision of the
Criminal
Code.
146. In application of ILO Convention No. 182 concerning
the worst forms of child labour, the Government and its development partners
established a project on the prevention of child labour and the protection of
children in the workplace as a means of combating the
worst forms of child
labour, which seem to occur in peculiar ways in Chad.
147. A network has
been established to combat this problem and rescue the child victims in the
affected regions. In 2004 and 2005
a total of 386 child herders were rescued and
restored to their families.
J. Physical and psychological recovery and social reintegration (art. 39)
148. In partnership with NGOs and with UNICEF support, the Government is
working to ensure the physical and psychological recovery
of children in need of
special protection. For example, in the case of the education and social
reintegration of such children in
the care of NGOs, the care facilities were
furnished with school supplies and equipment in the period 2002-2004, enabling
1,450 such
children to exercise their right to education: 1,163 of them were
provided with school necessities and 105 were placed in vocational
training
workshops, with their fees paid and tool kits provided. It should be noted that
97 of these children have returned to their
families.
149. In addition,
70 Koranic teachers received training in the rights of the child in 2004 in
order to ensure the quality of the education
and respect for the rights of the
children known as mouhadjirin who are looked after by
marabouts.
150. The persons in charge of the care facilities for
children in need of special care, including children victims of exploitation,
have received training in psycho-social support to help the children recover
from their trauma.
151. It should be noted, however, that the action does
not measure up to the scale of the problem, and efforts will be continued to
provide adequate care of a large number of the children in need of special
protection.
K. Periodic review of placement (art. 25)
152. There are two kinds of placement: administrative and
judicial.
153. Administrative placement for a period of two years may be
ordered by the Director for Children of the Ministry of Social Action
and the
Family in the light of a report on the investigations carried out by the social
workers making the proposal.
154. Such placements are monitored by means
of periodic observation reports. In the absence of specialized teachers, this
task is
entrusted to the centre’s social workers.
155. The reports
provide information on both the social behaviour and the adaptation of the
child. Social behaviour is the decisive
factor in the decisions taken on the
child, in particular the possibility of attending secondary school away from the
centre.
156. If it is established that the child frequently runs away,
the social considerations take precedence over the continuation of
schooling.
157. Judicial placement may be ordered by a juvenile judge
pursuant to Act No. 07/PR/99 of 6 April 1999 containing the procedure for
prosecuting and trying offences committed by children aged 13-18, which gives
priority to educational measures over a sentence of
imprisonment, which is a
measure of last resort.
VI. BASIC HEALTH AND WELFARE
A. Survival and
development (art. 6, para. 2)
158. The Government has introduced the Strategy for Promoting
Children’s Survival and Development (SASDE) in three districts
in the form
of the national programmes to combat diarrhoea and acute respiratory diseases,
the Expanded Programme on Immunization
(EPI), and the programmes on health
and nutrition, promotion of breastfeeding, integrated treatment
of childhood diseases (PCIME),
and the fight against
malaria.
159. The SASDE is designed to reduce infant mortality and
mortality among under-fives by targeting the chief causes of death and using
a
combination of effective health measures, with special attention given to the
most vulnerable and marginalized groups.
160. The key measures are the
EPI-Plus, the PCIME-Plus, and the CPN-Plus. They are implemented at three
levels: care in the family
and the community; the mobile strategy; and clinical
treatment in the health centres.
161. The implementation of the SASDE has
produced the following results:
(a) Significant increases in the three
districts between 21001 and 2003 in the EPI health indicators, in particular
with regard to
DPT3 and vitamin A: from 42 to 103 per cent in
Béré; from 43 to 97 per cent in Gounou-Gaya; and from 56 to 65 per
cent
in Kélo, according to the routine administrative
data.
(b) The rates are 71.41 per cent in Béré and 69.7
per cent in Kélo. The national DPT3 coverage was 47 per cent
in
2002.
162. In view of these positive results the SASDE is being extended
as a national strategy for the survival and development of Chad’s
children.
163. The Policy for the Integrated Development of Young Chadian
Children (DIJET), which was formulated and approved in 2005, has the
following
goals: by 2015, 100 per cent of children aged 0 to 8 years to be registered,
protected against violence, exploitation and
discrimination, in good health, and
developing harmoniously in physical, cognitive, socio-affective and
psychological terms.
164. In addition, a programme to prevent the
transmission of HIV/AIDS from mother to child has been introduced in health-care
facilities
throughout the country. The aims are to:
- Promote diagnosis in women attending for voluntary antenatal checks;
- Provide treatment for seropositive women;
- Provide treatment and monitoring for children of seropositive mothers;
- Provide nutritional support for the mother and child.
B. Children with disabilities (art. 23)
165. A total of 5.3 of the population has at least one disability. Vision
(2.3 per cent) and motor (1.6 per cent) problems are commoner
than hearing (1.2
per cent) and speech or language (0.5 per cent)
problems.
166. Disabilities at birth fall into the following
categories:
Table 3. Distribution by category of disability
Disability
|
Proportion (%)
|
Missing limbs or parts of limbs
|
6.2
|
Deformed limbs
|
13
|
Vision problems
|
5.6
|
Auditory problems
|
11.5
|
Speech or language problems
|
54
|
Loss of certain extremities
|
8.8
|
Behavioural problems
|
25
|
167. Very few children aged 0 to 4 years have disabilities (1.6 per
cent).
168. A special centre, the Resource Centre for Blind Young
People, houses and cares for 53 children with vision
disabilities.
169. A project is under way to construct a building for the
care of mentally ill persons at the N’Djamena General
Hospital.
3. Children attending normal schools
170. With a view
to preventing and combating discrimination against children with disabilities
Order No. 136/PR/MCFAS/94 of 6 June
1994 grants them free enrolment in the
public schools or a reduction of the enrolment fees in private
schools.
4. Children attending special schools
171. There are
schools for the blind in N’Djamena, Moundou, Doba and Sarh.
172. An
Office for the Social Integration of Disabled Persons was created to address
their specific needs and a national plan of action
is being
drafted.
173. The action taken by the Government is reinforced by NGOs
working for persons with disabilities by providing vocational training
(sewing,
knitting, tanning) and by monitoring them in the family.
C. Health and health services (art. 24)
174. The overall objective of Chad’s national health policy is to
“guarantee the population access to quality basic
services”.
175. In 2003 the country had:
- 18 regional health offices;
- 56 health districts, of which 49 were operational and seven non-operational;
- 862 health zones, representing a rate of health coverage of 73.4 per cent.
176. There is little information about the private
sector and the health units of the armed forces, but the personnel of the public
health services consists of:
- 301 doctors;
- 1,608 qualified nurses;
- 203 midwives.
177. Where material resources are concerned,
only the six hospitals covering the 56 districts have a capacity equal to or
higher than
one bed for every 1,000 inhabitants.
178. Funding for the
services comes from three sources: the State, development partners, and the
people through grass-roots participation.
Resources of the
State
179. Table 4 shows the evolution of the forecast budget of the
Ministry of Public Health over the period 2002-2006.
Table 4. Budget of the Ministry of Public Health (CFAF 1,000s)
Year
|
Total budget
|
Health budget
|
Budget share (%0
|
2002
|
409 500 265
|
27 163 984
|
7
|
2003
|
395 724 188
|
33 408 625
|
8,5
|
2004
|
484 246 759
|
40 191 281
|
8.5
|
2005
|
527 199 830
|
42 593 272
|
9
|
2006
|
641 299 000
|
18 894 999
|
3
|
Sources: General State Budget, financial years 2002 to
2006.
180. The European Union has invested 18 billion, followed by the
World Bank (5.5 billion), the World Health Organization (2.8 billion),
and
Switzerland and FAC (1 billion each). The Islamic Development Bank contributed
943 million for the construction of a health school
and 20 health centres in
Biltine region.
Grass-roots participation
181. Table 5
shows the total revenue and expenditure for grass-roots participation of the
prefecture health offices and the percentage
of this revenue allocated to the
purchase of medicines (medicine costs/total revenue (mc/tr)).
Table 5. Revenue and expenditure of prefecture health offices (CFAF 1,000s)
Prefecture
|
Revenue
|
Expenditure
|
mc/tr (%)
|
||
Batha
|
Medicines
|
206 674 330
|
Medicines
|
16 459 241
|
54.41
|
|
Other a/
|
957 291
|
Other b/
|
15 066 802
|
|
Biltine
|
Medicines
|
17 280 373
|
Medicines
|
11 972 116
|
39.39
|
|
Other
|
13 115 955
|
Other
|
12 134 670
|
|
BET
|
Medicines
|
5 814 630
|
Medicines
|
2 644 775
|
35.34
|
|
Other
|
1.668.210
|
Other
|
1.363.975
|
|
Chari Baguirmi
|
Medicines
|
78 838 462
|
Medicines
|
53 109 587
|
44.51
|
|
Other
|
40 480 705
|
Other
|
42 412 731
|
|
Guera
|
Medicines
|
22 105 925
|
Medicines
|
21 170 071
|
51.17
|
|
Other
|
19 268 384
|
Other
|
12 272 700
|
|
Kanem
|
Medicines
|
49 960 055
|
Medicines
|
41 730 473
|
84.89
|
|
Other
|
7 441 059
|
Other
|
9 696 442
|
|
Lac
|
Medicines
|
116 967 658
|
Medicines
|
21 204 877
|
17.31
|
|
Other
|
5 558 439
|
Other
|
7 746 794
|
|
Logone Occidental
|
Medicines
|
97 702 244
|
Medicines
|
58 524 350
|
42.51
|
|
Other
|
29 966 231
|
Other
|
58 360 141
|
|
Logone Oriental
|
Medicines
|
108 474 401
|
Medicines
|
70 402 638
|
42.25
|
|
Other
|
58 174 950
|
Other
|
65 195 841
|
|
Mayo Kebbi
|
Medicines
|
263 959 583
|
Medicines
|
143 829 367
|
49.78
|
|
Other
|
97 578 255
|
Other
|
152 431 704
|
|
Moyen Chari
|
Medicines
|
134 841 455
|
Medicines
|
110 508 180
|
38.8
|
|
Other
|
153 725 911
|
Other
|
264 512 266
|
|
Ouaddai
|
Medicines
|
29 290 949
|
Medicines
|
22 970 580
|
41.92
|
|
Other
|
25 500 513
|
Other
|
16 513 252
|
|
Salamat
|
Medicines
|
11 747 422
|
Medicines
|
8 447 571
|
53.8
|
|
Other
|
3 955 013
|
Other
|
4 475 980
|
|
Tanjilé
|
Medicines
|
115 955 991
|
Medicines
|
105 561 698
|
65.48
|
|
Other
|
45 244 125
|
Other
|
7 998 536
|
|
Totals
|
Medicines
|
1 073 613 480
|
Medicines
|
688 535 524
|
43.17
|
|
Other
|
521 252 041
|
Other
|
743 063 833
|
|
Source: DSIS, 2003.
a/. Other revenue: total revenue less sale of medicines.
b/ Other expenditure: fixed costs plus (variable costs less purchase
of medicines).
182. Pursuant to Order No. 363/MSP/SGDGAS/DPML/2003 of 2 November 2003 on
harmonization of the tariffs for certificates and medicines
in regional supply
pharmacies, the revenue from the sale of pharmaceutical products in hospitals
and health centres must provide
75 per cent of the cost of replacing these
products in order to safeguard the supply to the health
facilities:
183. A number of national programmes have also been
introduced:
- National Programme to Combat AIDS (PNLS);
- National Programme to Combat Blindness;
- National Programme to Combat Tuberculosis;
- National Programme to Combat Trypanosomiasis;
- National Programme to Combat Diarrhoea and Acute Respiratory Infections;
- National Reproductive Health Programme;
- Expanded Programme on Immunization (EPI);
- Health/Nutrition Programme;
- National Programme to Promote Breastfeeding;
- National Programme on Integrated Treatment of Childhood Diseases (PCIME);
- National Programme to Combat Malaria.
184. Although the
introduction of these programmes was supposed to make an effective contribution
to improving the people’s
health and well-being, the health indicators
have failed to advance owing to the persistence of a number of epidemic diseases
such
as measles, meningitis and cholera and the limited access to basic social
services, a situation borne out by the indicators discussed
in the following
paragraphs.
(a) Infant and under-five mortality
rates
185. In the period 1999-2004, 102 children out of every 1,000
born alive died before their first birthday, and 99 out of every 1,000
children
aged one year did not reach their fifth birthday. A total of 191 children
out of every 1,000 born alive died before age
five. In rural areas the mortality
rate was 208 per 1,000, against 179 per 1,000 in urban areas. Table 6 shows the
neonatal, postnatal,
infant, child and infant/child mortality rates for the
10-year period preceding the survey broken down for a number of
socio-demographic
characteristics of the mother and child.
Table 6. Neonatal, postnatal, infant, child and infant/child mortality rates
Socio-dem. characteristic
|
Infant
|
Child
|
Infant/child
|
---|---|---|---|
Residence
|
|
|
|
N’Djamena
|
78
|
92
|
163
|
Other towns
|
103
|
96
|
189
|
Total urban
|
94
|
94
|
179
|
Rural
|
120
|
100
|
208
|
Mother’s education level
|
|
|
|
None
|
116
|
95
|
200
|
Primary
|
121
|
117
|
225
|
Secondary and above
|
66
|
83
|
143
|
Economic status quintile
|
|
|
|
Bottom
|
109
|
75
|
176
|
Second
|
123
|
98
|
208
|
Middle
|
117
|
107
|
212
|
Fourth
|
122
|
117
|
225
|
Top
|
101
|
95
|
187
|
Sex of child
|
|
|
|
Male
|
122
|
96
|
207
|
Female
|
108
|
101
|
198
|
Mother’s age at delivery
|
|
|
|
<20
|
135
|
120
|
239
|
20-29
|
111
|
97
|
197
|
30-39
|
105
|
82
|
178
|
Birth order
|
|
|
|
1
|
129
|
100
|
216
|
2-3
|
109
|
105
|
202
|
4-6
|
106
|
94
|
189
|
7+
|
129
|
95
|
212
|
Interval since previous delivery
|
|
|
|
<2 years
|
173
|
120
|
273
|
2 years
|
100
|
101
|
191
|
3 years
|
49
|
79
|
124
|
4+ years
|
58
|
46
|
101
|
Totals
|
115
|
99
|
203
|
Source: EDST-2003, pp. 215 and 218.
(b) Proportion of
underweight children
186. Forty-one per cent of children aged under
five exhibit retarded growth, almost half of them to a severe degree, and 14 per
cent
exhibit acute malnutrition.
187. Fifty-four per cent of children
aged 24 to 35 months are too small for their age.
188. It should be noted
that the incidence of weight deficit is particularly high (59 per cent) among
children in BET, Kanem and Lac.
189. Tables 7 and 8 show the proportion
of under-fives considered to be suffering from malnutrition according to the
three anthropometric
indicators of nutritional state (height for age, weight for
height, and weight for age) and the proportion exhibiting retarded
growth.
Table 7. Children suffering from malnutrition
|
Height for age
|
Weight for height
|
Weight for age
|
||||
---|---|---|---|---|---|---|---|
Numbers
|
|
|
|
||||
|
%<-3SD
|
%<-2SD
|
%<-3SD
|
%<-3SD
|
%<-3SD
|
%<-2SD
|
|
Socio-dem. characteristic
|
|
|
|
|
|
|
|
Age (months)
|
|
|
|
|
|
|
|
<6
|
572
|
0.9
|
3.2
|
1.8
|
9.5
|
0.4
|
3.0
|
6-9
|
363
|
4.8
|
12.1
|
4.2
|
18.8
|
4.9
|
22.8
|
10-11
|
137
|
11.5
|
27.7
|
0.9
|
26.2
|
13.6
|
33.0
|
12-23
|
853
|
24.1
|
48.1
|
5.3
|
23.8
|
23.1
|
52.0
|
24-35
|
902
|
33.3
|
54.0
|
3.0
|
13.4
|
22.6
|
51.0
|
36-47
|
819
|
31.08
|
53.0
|
2.8
|
9.6
|
14.6
|
40.0
|
48-59
|
987
|
27.2
|
47.1
|
2.2
|
6.7
|
9.2
|
33.0
|
Sex
|
|
|
|
|
|
|
|
Male
|
2 337
|
23.6
|
40.5
|
3.0
|
14.7
|
13.9
|
36.7
|
Female
|
2 297
|
22.7
|
41.4
|
3.3
|
12.4
|
14.2
|
36.8
|
Birth order
|
|
|
|
|
|
|
|
2-3
|
764
|
20.2
|
32.9
|
2.4
|
13.0
|
12.0
|
34.0
|
4-5
|
1 436
|
24.8
|
43.3
|
2.6
|
12.2
|
14.9
|
35.7
|
+6
|
1.107
|
22.1
|
41.8
|
3.9
|
15.4
|
13.9
|
37.6
|
Residence
|
|
|
|
|
|
|
|
N’Djamena
|
335
|
12.3
|
26.8
|
4.4
|
16.3
|
9.0
|
26.5
|
Other towns
|
547
|
18.1
|
35.6
|
3.1
|
13.2
|
9.6
|
32.1
|
Total urban
|
882
|
|
32.3
|
3.6
|
14.4
|
9.4
|
29.9
|
Rural
|
3 753
|
24.9
|
43.0
|
3.0
|
13.3
|
15.1
|
38.3
|
Mother’s education
|
|
|
|
|
|
|
|
None
|
3 539
|
26.3
|
44.3
|
3.5
|
14.9
|
16.6
|
40.5
|
Primary
|
902
|
13.5
|
31.9
|
1.7
|
9.4
|
5.8
|
25.7
|
Secondary and above
|
194
|
10.9
|
22.1
|
2.2
|
8.3
|
5.3
|
20.3
|
Ensemble
|
4 636
|
23.2
|
40.9
|
3.1
|
13.5
|
14.0
|
36.7
|
NB.: Each indicator is expressed in terms of the number of units of standard deviation (SD) from the mean of the NCHS/CDC/WHO international reference population. The table shows the percentages below -3SD and below -2SD from the median of the reference population.
Source: EDST-2004, p.
201.
Table 8. Under-fives exhibiting retarded growth
Source: EDST-2004, pp. 202 and 203.
(c) Proportions of households lacking access to hygienic sanitation
facilities and to drinking water
190. Thirty-six per cent of
Chad’s households use safe water. In urban areas the proportion is
57 per cent, against 30 per cent
in rural areas, where 15 per cent of
households use unsafe water from a river or stream.
191. Seventy-four per
cent of households have no lavatory. The figure is 88 per cent in rural
areas.
(d) Proportion of children aged one year fully immunized against
tuberculosis, diphtheria, whooping cough, tetanus, poliomyelitis and
measles
192. The national vaccination coverage is 11 per
cent.
(e) Maternal mortality rate and chief causes of death
193. The
maternal mortality rate was estimated at 1,099 deaths per 100,000 live births in
the period 1997-2004, against 827 per 100,000
in the period 1989-1997. The chief
causes are excessively early pregnancy, insufficient spacing of pregnancies,
unattended confinements,
and lack of antenatal
checks.
(f) Proportion of pregnant women having access to antenatal
and postnatal care
194. Recourse to antenatal checks varies widely in
Chad according to the woman’s level of education. Pregnancy is monitored
in the case of almost all women with secondary education or above (92 per cent).
A little under one fifth of mothers-to-be (18 per
cent) attend for at least four
of the checks recommended by WHO. The first visit is made before the fourth
month of pregnancy in
only 17 per cent of cases.
195. Very few (8 per
cent) of the births which do not take place in a health facility are followed by
any postnatal checks. This failure
to monitor mother and child is commoner in
rural areas (93 per cent of births), especially when the mother has no
education (94 per
cent of births).
(g) Proportion of babies born in
hospital
196. Over the last five years only 13 per cent of births
took place in a health facility. Almost all rural women (93 per cent) and
women
with no education (91 per cent) give birth at home.
(h) Proportion of
hospital personnel trained in childbirth care and techniques
197. The
data on medical coverage show that Chad has four doctors for every
100,000 inhabitants and 11 midwives for every 100,000
women of childbearing
age. These figures are lower than the WHO standards of one doctor for every
10,000 inhabitants and one midwife
for every 5,000 women of childbearing
age. On the other hand, the ratio of population to qualified nursing staff
meets the WHO standard.
198. In recent years this shortage of qualified
personnel has prompted a particular interest in training health workers in
order to
reduce the deficit.
199. In 2003, for example, 19 doctors and 39
paramedics received specialized training outside the country.
200. In
2003 the Medical Faculty had 316 students for the whole country, including 60
studying for doctorates. The University Institute
of Science and Technology at
Abéché (IUSTA) trained 25 senior technicians in pharmacy and
medical laboratory analysis.
201. In order to ease the shortage of
middle-level personnel, the National School for Social and Health Workers
(ENASS) and the decentralized
initial training bodies supplied the Ministry with
46 State-registered nurses, 21 midwives, 16 laboratory technicians, 159 health
technicians, and 31 birth attendants, making a total of 273 qualified
staff.
(i) Proportion of exclusive breastfeeding and duration of
breastfeeding
202. Exclusive breastfeeding is almost non-existent.
Only 2 per cent of children aged under six months are fed exclusively on their
mother’s milk. Between six and nine months, 77 per cent of children are
given food supplements in addition mother’s milk.
Disaggregated
data
(a) Number and percentage of children infected by
HIV/AIDS
203. The number of children aged 0-14 years living with
HIV/AIDS is estimated at 18,000 (UNAIDS, 2003).
204. However, the number
of AIDS orphans is estimated at 96,000 (UNAIDS, 2003). Data on AIDS orphans
cared for in institutions are
not available.
(b) Number and
percentage of children affected by AIDS receiving medical
treatment
205. No data are available on such children.
(c) Number and percentage of children living with parents, foster parents,
in institutions, or in the street
206. Seven per cent of orphan
children live in households, according to EDST-2004.
(d) Number of
households where the children must take charge as a result of
HIV/AIDS
207. No data available.
Disaggregated
data
(a) Number of adolescents affected by early pregnancy, sexually
transmitted diseases, mental health problems, drug addition or
alcoholism
208. It is apparent from Chad’s Health Statistics
Yearbook 2004 that the country’s women have their first pregnancy at
an early age and that their fertility rate is very high from their early
years:
194 births are recorded for every 1,000 girls aged 15 to 19. Girls aged 12 to 15
account for 15.3 per cent of the birth rate
and for 13 per cent of the
fertility rate.
209. It should also be noted that female genital
mutilation is still very much present in Chad: an overall rate of 45 per
cent (43
per cent in urban areas and 46 per cent in rural areas). Most girls
undergo excision between the ages of five and 14 years in the
regions where this
practice is widespread.
(b) Number of programmes and services for preventing and treating health
problems among adolescents
210. There is a national strategic
framework and a three-year plan. This strategy is focused on prevention work
among young people
and, when they fall ill, on antiretroviral treatment and
monitoring. The relevant health facilities are equipped to provide this
treatment, but breakdowns occur from time to time.
211. There is a
shortage of centres for voluntary examination and diagnosis, and people show
little enthusiasm for the free diagnostic
tests.
212. The National
Reproductive Health Programme regards female genital mutilation as a priority
area of its work. Projects on such
problems as adolescent health, repair of
fistulas, and the social reintegration of victims are being carried out. The
prevention
and treatment of female genital mutilation have been incorporated in
the ENASS vocational training programmes.
213. Several women’s
associations (CELIAF, CONACIAF-Chad, ASTBEF and AFJT) conduct awareness-raising
campaigns among various
population groups in an effort to eradicate this
practice.
Tobacco
214. Chad has signed the WHO Framework
Convention on Tobacco Control, and awareness-raising activities are carried out,
especially
by associations seeking to combat drug addiction among young people,
but much remains to be done to reduce the harmful effects of
tobacco and alcohol
on the country’s youth.
D. Social security and child-care services and facilities (arts. 26 and 18, para. 3)
215. See the initial report (CRC/C/3/Add.50, paras. 145-148).
E. Standard of living (art. 27, paras. 1-3)
216. Chad is still one of the poorest countries on the planet. Its situation
has worsened considerably. According to the Human Development Report
2005, Chad moved from 167th place out of 177 countries in 2003 to 173rd
place in 2005, with a human development index of 0.341. Sixty-four
per cent of
the population lives below the threshold of monetary poverty with incomes of one
to two United States dollars a day.
217. The per capita GDP is $495
(BEAC, 2004), as compared with $193 in 2000.
218. Life expectancy at
birth is 47 years for males and 50 years for females (EDST-2004).
219. A
large part of the population lives with chronic food insecurity; 90 per cent of
the housing remains vulnerable to bad weather,
and only 1 per cent of the
population has access to electricity and 23 per cent to safe drinking water;
less than 10 per cent of
the population has basic sanitation services.
VII. EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
A. Education, including vocational training and guidance
(art. 28)
220. Articles 35 and 36 of the Constitution of 31 March 1996 proclaim the
right to education. It is stipulated that public education shall be secular
and free and that the State
shall create the conditions and institutions to
provide and guarantee the education of children.
221. The fundamental
goal of the education sector is to ensure the appropriate provision of education
for all.
222. The following are the priority measures for the attainment
of this goal, according to the Poverty Reduction Strategy
Paper:
(a) Promotion of equality of access to education and schooling
without discrimination on the basis of sex or physical
disability;
(b) Enhancement of the efficiency and quality of the
education system;
(c) Reinforcement of the capacity to plan, manage and
steer the development of the education system;
(d) Adaptation of the
profile of school leavers to the needs of the labour market by means of specific
measures.
223. The following are the main projects and programmes which
have been introduced:
- The project on eradication of illiteracy in Chad;
- The programme on support of bilingual education (PAEB I, II, III, IV and V);
- The classroom construction project;
- The project on development of bilingual primary education;
- The “Education” programme;
- The programme of technical education and vocational training;
- The project on support of Chad’s reforms in the education system.
224. Funding for the education system comes from the
State, development partners, and parents’ associations.
Table 9. State resources allocated to national education
Year
|
Total budget
|
National education budget
|
National education’s share of budget (%)
|
2002
|
409 500 265
|
35 144 377
|
9
|
2003
|
395 724 188
|
46 144 377
|
12
|
2004
|
484 246 759
|
54 667 476
|
12
|
2005
|
527 199 830
|
58 010 947
|
11
|
2006
|
641 299 000
|
30 859 711
|
5
|
Sources: General State Budget, financial years 2002 to
2006.
Figure VII.1: Proportion of girl students by simple status,
background and level
Table 10. Gross attendance rates (GAR) in the first and
second cycles
of general secondary education (%)
|
GAR 1st cycle 2003/2004
|
GAR 2nd cycle 2003/2004
|
||||
Boys
|
Girls
|
Total
|
Boys
|
Girls
|
Total
|
|
Assongha
|
6.0
|
1.9
|
3.9
|
1.4
|
0.9
|
1.1
|
Baguirmi
|
8.7
|
2.0
|
5.3
|
2.6
|
0.5
|
1.6
|
Bahr el Gazal
|
6.7
|
1.3
|
4.0
|
7.1
|
1.4
|
4.3
|
Bahr Koh
|
41.1
|
16.1
|
28.6
|
25.5
|
6.8
|
16.2
|
Batha Est
|
8.7
|
2.1
|
5.4
|
6.6
|
0.6
|
3.6
|
Batha Ouest
|
5.5
|
2.0
|
3.8
|
3.5
|
0.5
|
2.0
|
Biltine
|
7.0
|
2.5
|
4.7
|
2.7
|
0.6
|
1.7
|
Borkou
|
16.3
|
4.6
|
10.5
|
10.1
|
2.3
|
6.2.
|
N’Djamena Com.
|
77.1
|
45.0
|
61.6
|
67.0
|
24.9
|
46.0
|
Dababa
|
3.6
|
1.2
|
2.4
|
0.4
|
0.0
|
0.2
|
Ennedi
|
10.7
|
3.6
|
7.1
|
0.8
|
0.3
|
0.6
|
Guera
|
17.8
|
4.3
|
11.1
|
16.2
|
2.8
|
9.5
|
Hadjer Lamis
|
14.2
|
4.6
|
9.4
|
7.3
|
1.8
|
4.6
|
Kabbia
|
53.7
|
11.8
|
32.8
|
22.4
|
2.5
|
12.5
|
Kanem
|
2.1
|
0.6
|
1.3
|
3.6
|
0.8
|
2.2
|
Lac
|
6.1
|
1.6
|
3.8
|
2.8
|
0.6
|
1.7
|
Lac Iro
|
18.9
|
6.7
|
12.8
|
6.2
|
3.1
|
4.7
|
Logone Occidental
|
40.7
|
14.7
|
27.7
|
19.8
|
5.4
|
12.7
|
Logone Oriental
|
64.3
|
15.2
|
39.8
|
25.6
|
5.2
|
15.4
|
Mandoul
|
30.8
|
9.9
|
20.4
|
11.1
|
2.5
|
6.8
|
Mayo Beneye
|
43.2
|
11.0
|
27.1
|
29.0
|
5.0
|
17.1
|
Mayo Dallah
|
86.5
|
28.9
|
57.8
|
45.0
|
5.6
|
25.4
|
Monts de Lam
|
40.1
|
5.2
|
22.7
|
14.1
|
2.1
|
8.1
|
Ouaddai
|
13.6
|
8.0
|
10.8
|
10.6
|
3.9
|
7.3
|
Salamat
|
5.9
|
1.4
|
3.6
|
3.0
|
0.5
|
1.7
|
Sila
|
1.7
|
0.6
|
1.1
|
0.2
|
0.0
|
0.1
|
Tandjilé Est
|
33.8
|
8.7
|
21.3
|
9.0
|
1.6
|
5.3
|
Tandjile Ouest
|
42.6
|
13.6
|
28.1
|
18.3
|
2.9
|
10.6
|
Tibesti
|
31.0
|
8.9
|
20.0
|
0.0
|
0.0
|
0.0
|
Totals
|
31.8
|
11.3
|
21.6
|
17.8
|
4.4
|
11.2
|
Sources: Education statistics, 2002-2003.
1. Retention and drop-out rates for primary and secondary
schools and
vocational training schools
Table 11. Primary retention and drop-out rates
|
Promotion rate (%)
|
Repeated-year rate (%)
|
Drop-out rate (%)
|
||||||
Level
|
Boys
|
Girls
|
Total
|
Boys
|
Girls
|
Total
|
Boys
|
Girls
|
Total
|
CP1
|
64.79
|
62.80
|
64.37
|
22.21
|
23.20
|
22.63
|
13.00
|
14.00
|
13.00
|
CP2
|
66.97
|
62.10
|
64.61
|
22.03
|
22.90
|
22.39
|
11.00
|
15.00
|
13.00
|
CE1
|
68.95
|
62.56
|
66.39
|
22.05
|
23.44
|
22.61
|
9.00
|
14.00
|
11.00
|
CE2
|
69.10
|
61.75
|
66.19
|
20.90
|
23.25
|
21.81
|
10.00
|
15.00
|
12.00
|
CM1
|
69.20
|
61.48
|
66.21
|
19.80
|
22.52
|
20.79
|
11.00
|
16.00
|
13.00
|
CM2
|
46.33
|
38.78
|
43.84
|
20.67
|
22.22
|
21.16
|
33.00
|
39.00
|
35.00
|
Totals
|
67.48
|
62.14
|
64.95
|
21.52
|
22.86
|
22.05
|
11.00
|
15.00
|
13.00
|
Sources: Education statistics, 2002-2003.
Table 12. Internal performance rates in general secondary education (%)
|
6th
|
5th
|
4th
|
3rd
|
2nd
|
1st
|
Termin.
|
Total
|
Promotion
|
||||||||
Boys
|
60.7
|
72.3
|
74.1
|
62.4
|
66.3
|
63.6
|
31.1
|
62.9
|
Girls
|
57.3
|
68.5
|
69.1
|
51.3
|
58.8
|
60.9
|
31.1
|
58.8
|
Totals
|
59.3
|
71.4
|
72.9
|
59.8
|
64.7
|
63.1
|
31.1
|
61.9
|
Repeated years
|
||||||||
Boys
|
19.4
|
15.9
|
16.2
|
19.3
|
20.6
|
18.2
|
36.6
|
20.0
|
Girls
|
23.3
|
19.4
|
20.5
|
21.8
|
22.8
|
19.2
|
35.3
|
22.6
|
Totals
|
20.4
|
16.8
|
17.2
|
19.9
|
21.1
|
18.4
|
36.3
|
20.6
|
Drop-outs
|
||||||||
Boys
|
19.9
|
11.8
|
9.8
|
18.3
|
13.1
|
18.2
|
32.3
|
17.1
|
Girls
|
19.4
|
12.1
|
10.4
|
26.9
|
18.3
|
19.8
|
33.5
|
18.6
|
Totals
|
19.7
|
11.9
|
9.9
|
20.3
|
14.2
|
18.5
|
32.5
|
17.5
|
Sources: Education statistics, 2002-2003.
2. Average numbers of pupils per teacher, with indication
of any significant
disparity between regions and between rural and
urban areas
221. In the school year 2003-2004 the country had 18,510 primary
teachers, i.e. an average of one teacher for every 69 pupils.
Table 13. Number of primary pupils per teacher
Region
|
Public
|
Private
|
Community
|
Nomad
|
Total
|
Assongha
|
96
|
61
|
115
|
--
|
101
|
Baguirmi
|
63
|
--
|
64
|
--
|
63
|
Bahr el Gazal
|
66
|
82
|
67
|
48
|
66
|
Bahr Koh
|
76
|
56
|
56
|
--
|
68
|
Bahr Est
|
58
|
63
|
109
|
58
|
63
|
Batha Ouest
|
73
|
46
|
91
|
71
|
76
|
Biltine
|
68
|
118
|
80
|
--
|
71
|
Borkou
|
66
|
31
|
43
|
--
|
65
|
N’Djamena Com.
|
76
|
45
|
51
|
--
|
58
|
Dababa
|
59
|
93
|
68
|
--
|
64
|
Ennedi
|
40
|
104
|
54
|
--
|
42
|
Guera
|
65
|
59
|
78
|
--
|
65
|
Hadjer Lamis
|
77
|
48
|
58
|
32
|
71
|
Kabbia
|
72
|
53
|
52
|
--
|
64
|
Kanem
|
67
|
87
|
89
|
--
|
74
|
Lac
|
66
|
46
|
56
|
--
|
64
|
Lac Iro
|
83
|
--
|
73
|
--
|
81
|
Logone Occidental
|
84
|
50
|
104
|
--
|
87
|
Logone Oriental
|
71
|
58
|
55
|
--
|
67
|
Mandoul
|
70
|
45
|
59
|
--
|
65
|
Mayo Beneye
|
70
|
58
|
52
|
--
|
64
|
Mayo Dallah
|
69
|
40
|
45
|
--
|
62
|
Monts de Lam
|
69
|
57
|
61
|
--
|
66
|
Ouaddai
|
98
|
68
|
93
|
41
|
93
|
Salamat
|
63
|
115
|
84
|
61
|
69
|
Sila
|
83
|
--
|
85
|
--
|
84
|
Tandjile Est
|
70
|
44
|
52
|
--
|
65
|
Tandjile Ouest
|
69
|
50
|
56
|
--
|
64
|
Tibesti
|
89
|
--
|
--
|
--
|
89
|
National average
|
72
|
55
|
66
|
55
|
69
|
Sources: Education statistics, 2002-2003.
Table 14. Number of secondary pupils per qualified teacher
Region
|
Ratio
|
Assongha
|
37
|
Baguirmi
|
37
|
Bahr el Gazal
|
42
|
Bahr Koh
|
77
|
Bahr Est
|
25
|
Batha Ouest
|
38
|
Biltine
|
50
|
Borkou
|
28
|
N’Djamena Comm.
|
47
|
Dababa
|
15
|
Ennedi
|
39
|
Guera
|
122
|
Hadjer Lamis
|
45
|
Kabbia
|
168
|
Kanem
|
42
|
Lac
|
64
|
Lac Iro
|
57
|
Logone Occidental
|
90
|
Logone Oriental
|
124
|
Mandoul
|
144
|
Mayo Beneye
|
93
|
Mayo Dallah
|
203
|
Monts de Lam
|
126
|
Ouaddai
|
73
|
Salamat
|
37
|
Sila
|
30
|
Tandjile Est
|
117
|
Tandjile Ouest
|
158
|
Tibesti
|
229
|
Overall rate
|
77
|
Sources: Education statistics, 2002-2203.
3. Percentage of children in the informal education system
222. No data available.
4. Percentage of children in pre-school education
223. At the national level, 2.4 per cent of children receive pre-school
education.
B. Aims of education (art. 29), including the quality of
education
224. With a view to providing quality universal education by 2015, the
Government and its partners adopted a 10-year programme to
support the reform of
the education system for the period 2004-2015; the aims are to secure a
significant improvement in the retention
rates in primary education, train
community teachers, formulate innovative programmes to combat illiteracy,
enhance the quality of
learning, and increase substantially school attendance by
girls. To this end the State committed itself to take the following key
actions:
- To increase substantially the share of GDP allocated to education (at least 4 per cent by 2015);
- To allocate at least 50 per cent of the education budget to the development of basic education;
- To increase the operational budget of education by at least 20 per cent every year for the duration of the programme;
- To establish the National Curriculum Centre to formulate the national bilingual programmes, with the production of Chadian textbooks to be distributed free to all children by 2011.
225. By order No. 290/MEN of 25
November 2005 the Government upgraded the girls’ education unit to the
status of division.
226. This division has the following mission:
- To design and formulate strategies and plans of action for improving and accelerating school attendance by girls and retaining them in school;
- To design and conduct activities relating to studies on and /or experience of the education of girls;
- To organize and promote information, social mobilization and advocacy activities for advancing the schooling of girls;
- To coordinate and promote the activities undertaken by the various players or under the auspices of technical partners with regard to girls’ education;
- To provide technical assistance for the managerial and technical services, and social and educational stakeholders and partners for the formulation of programmes and their implementation and evaluation;
- To produce periodic or more detailed ad hoc reports on the education of girls.
C. Leisure, recreation and cultural activities (art. 31)
227. With reference to article 31 of the Convention (right to rest,
leisure, recreation and cultural activities), Ordinance No. 27/INT/SUR/62
of 28
July 1962 is still in force.
228. This ordinance deals with authorization
freely to form associations. In partnership with the youth associations and
movements,
the Department of Youth and Sports established a youth platform known
as the National Youth Advisory Council (CNCJ). The primary
aim of this body is
to enable young people to defend their moral and material well-being and to
guarantee them equitable treatment.
It also seeks to raise projects and
proposals for legislation concerning aspects of young people’s lives, in
particular in
the area of leisure and cultural activities.
And it endeavours to bring young people together in an appropriate
framework for discussion
of their aspirations.
229. Following
the CNCJ example, another youth organization is working at the grass roots.
It consists of youth representatives from
local districts and areas. These
are young boys and girls aged 12 to 17 (juniors) and young people aged 19 to 30
(seniors) elected
by their fellows in balloting organized by CNCJ in conjunction
with Coopération Française.
230. The task of these youth
representatives is to lead social, cultural and sports activities in their local
districts and areas
and to represent young people in bodies which take decisions
on construction in their localities.
231. The Youth Ministry and its
development partners built and equipped a number of “Plateaux
Omnisports” for the practice of sports close to the places where young
people live, especially young people who do not attend school.
In addition, the
Government envisages opening more youth and cultural centres in the
country’s big towns to facilitate the
implementation of vocational
training, employment, crafts, health, and sports and leisure programmes. A youth
bill is passing through
the adoption process.
VIII. SPECIAL PROTECTION MEASURES
A. Children
in situations of emergency
1. Refugee children (art. 22)
232. Where legislation is concerned, Chad has ratified the Geneva
Convention relating to the Status of Refugees of 28 July 1951, the
New York
Protocol relating to the Status of Refugees of 31 January 1967, the Convention
Governing the Specific Aspects of Refugee
Problems in Africa of the Organization
of African Unity (OAU), signed at Addis Ababa on 10 September 1969, and the
Convention on
the Rights of the Child. Children seeking refugee status enjoy the
protection and humanitarian assistance provided for in these ratified
international legal instruments.
233. Chad established a National Refugee
Commission (CNR) by a decree dated 31 December 1996. This decree created a
sub-commission
on eligibility responsible for awarding refugee status on an
individual basis in accordance with article 1 of the Geneva and OAU
refugee
conventions.
234. Protection and humanitarian assistance are furnished to
refugee children in the exercise of their civil rights and their economic,
social and cultural rights.
235. Chad is having to cope with an influx of
refugees as a result of the conflicts which broke out in 2003 in Darfur and the
Central
African Republic.
236. In 2005, the east of the country was
sheltering 220,000 refugees from Darfur, 60 per cent of them aged under
18.
237. In the south, Chad is sheltering some 40,000 refugees from the
Central African Republic. Some 5,500 refugees are estimated to
be living in
urban areas. They are from the Democratic Republic of the Congo, Liberia, Sierra
Leone and Rwanda, as well as from Sudan
and the Central African
Republic.
238. These refugees are cared for by the Government with the
support of United Nations institutions and international refugee
organizations.
239. In the case of unaccompanied children, arrangements
for identification, care, monitoring, family search and family reunification
have been put in place in order to protect them against sexual abuse and
exploitation and recruitment in the camps and the host
communities.
240. A memorandum of understanding was signed in 2005 by the
International Committee of the Red Cross, UNHCR and UNICEF on the monitoring
of
separated or unaccompanied Sudanese children in Chad.
241. Totals of 437
separated and 104 unaccompanied Sudanese children have been identified and taken
into care.
242. There are no specific data available on children in the
south and in the urban areas.
243. It should be noted that
“Djanjaweed” incursions and rebel attacks have caused the internal
displacement of 115,677
persons in the regions of Wadi Fira (Department of Dar
Tama), Ouaddai (Departments of Assongha and Dar Sila), and Salamat (Department
of Bahr Azoum). This total is estimated to include 48,578 children of pre-school
age and 34,817 of school age (Source: UNHCR/N’Dj.,
31 January
2007).
244. Between 2004 and 2006 UNICEF, in partnership with UNHCR and
NGOs, established an education system in the refugee camps both in
the east and
in the south of the country.
245. In 2005 there were approximately 75,000
children attending pre-school and primary school in the east of the
country.
246. Some 360 classrooms have been built and 135 are under
construction.
247. In the south of the country some 360 refugee children
have been enrolled in secondary schools in the host communities of Maro
and
Goré. They also enjoy basic social services and sanitation
services.
248. Social workers and humanitarian personnel have been
trained in listening and counselling techniques and in humanitarian law and
children’s rights in general. Recreational activities to help the children
to overcome their trauma have also been developed.
2. Children in armed conflicts (art. 38), including
physical
and psychological recovery and social reintegration (art.
39)
249. Chad ratified the Optional Protocol to the Convention on the Rights of
the Child on the involvement of children in armed conflict
on 28 August
2002.
250. Although no figures are available, throughout the first half
of 2006 cases of the recruitment of children were unfortunately
recorded in the
Sudanese refugee camps and in the east of Chad. Awareness-raising campaigns have
been carried out by United Nations
institutions and international NGOs in order
to check this problem.
251. In the period 2004-2006 United Nations
institutions, in particular UNICEF and UNHCR, in partnership with NGOs
established an
education system in the refugee camps both in the east and in the
south of the country. There are about 75,000 children attending
pre-school and
primary school in the east. Some 360 classrooms have been built and 135 are
under construction.
252. This education system established to help
refugee children also benefits children affected by armed
conflicts.
253. The figures given in paragraph 246 also relate to
children affected by armed conflicts.
B. Children in conflict with the law
1. The
administration of juvenile justice (art. 40)
254. Act No. 04/PR/98 of 7 August 1998 on the organization of the
Judiciary and Act No. 07/PR/99 of 6 April 1999 on the procedure
for
prosecuting and trying offences committed by children aged 13 to 18 are the
framework instruments for the administration of juvenile
justice
in Chad.
255. Act No. 04/PR/98 provides for the establishment of
children’s divisions in the courts of first instance and Act No. 07/PR/99
sets out the procedures for prosecuting and trying minors.
256. Pursuant
to Act No. 07/PR/99 minors may be held in custody for a maximum of 10 hours.
This Act gives priority to educational
measures and compulsory legal assistance
and prohibits the press from publishing details of a minor’s identity.
Hearings are
held in judge’s chambers. The judge has the preferred option
of ordering educational measures instead of a sentence of imprisonment,
which is
a measure of last resort.
257. When a criminal sentence is deemed
necessary, it may not exceed one half of the minimum legal penalty.
2. Children deprived of their liberty, including any form
of detention
(art. 37 (b), (c) and (d))
258. Deprivation of liberty may be imposed during a preliminary
investigation. As pointed out in the preceding section, minors may
be held in
custody for a maximum of 10 hours and imprisonment is a measure of last resort.
In practice, once referred to the Criminal
Investigation Department and brought
before a juvenile judge, accompanied children who have committed offences are
entrusted to their
families if the latter offer sufficient guarantees of
representation.
259. Given the shortage of supervised institutions,
unaccompanied children are kept in local prisons with adults in violation of the
national and international instruments.
260. In order to improve the
knowledge of the categories of child requiring special protection, which include
children deprived of
their liberty, and with a view to the proposal of targeted
measures, in 2003 the Government carried out with UNICEF support a quantitative
and qualitative study of children in need of special protection in seven of the
country’s big towns.
261. The findings of this study are reported
in the following paragraphs.
(a) Numbers of children aged under 18 arrested by the police for
infringing the law (no disaggregated data)
Table 15. Distribution of children deprived of their liberty, by detention facility
Detention facility
|
Children deprived of liberty
|
|
Numbers
|
Percentages
|
|
Police stations
|
5
|
6.8
|
Gendarmerie posts
|
3
|
4.1
|
Prisons
|
66
|
89.2
|
Total
|
74
|
100
|
Source: Study on children in need of special protection,
UNICEF, 2003.
262. Where the detention of minors is concerned,
Chad’s prisons do not comply with the Standard Minimum Rules for the
Administration
of Juvenile Justice (The Beijing Rules).
263. The figures
given above are low for the following reasons: the police, gendarmerie and
justice services apply the legislation
giving priority to educational measures
for minors only as well as may be expected, and the police and gendarmerie
services do not
encourage the detention of minors because there is insufficient
room in their premises.
264. With regard to place of detention, the
police and gendarmerie services place minors held in custody in units intended
for adults
(74.3 per cent); the smallest children sleep in the yard or in
dilapidated or abandoned offices. Girls are housed in cramped quarters
in
company with women.
Table 16. Distribution of children deprived of their liberty, by place of detention
in police stations and gendarmerie posts
Place of detention
|
Children deprived of liberty
|
|
Numbers
|
Percentages
|
|
Children’s unit
|
1
|
1.4
|
Unit holding children and adults
|
55
|
74.3
|
Offices
|
4
|
5.4
|
Women’s unit
|
5
|
6.8
|
No reply
|
9
|
12.2
|
Total
|
74
|
100
|
Source: Study on children in need of special protection,
UNICEF, 2003.
(b) Percentages of cases in which legal or other assistance is provided (no disaggregated data)
(c) Numbers and percentages of persons aged under 18 found guilty of an offence by a court and sentenced to deprived of liberty
265. The chief reasons for the detention of children are theft of goods
or money (43.3 per cent), murder or other serious crimes (25.7
per cent),
physical attacks or beating or wounding (16.2 per cent), rape and attempted rape
( 6.8 per cent) and illegal possession
of weapons of war (4.1 per cent).
Table 17. Distribution of children deprived of their liberty, by reason for arrest
Reason for arrest
|
Children deprived of liberty
|
|
Numbers
|
Percentages
|
|
Theft
|
32
|
43.2
|
Rape or attempted rape
|
5
|
6.8
|
Physical attacks, beating or wounding
|
12
|
16.2
|
Murder or other serious crimes
|
19
|
25.7
|
Illegal possession of weapons of war
|
3
|
4.1
|
Reason not specified
|
2
|
2.7
|
No reply
|
1
|
1.4
|
Total
|
74
|
100
|
Source: Study on children in need of special protection,
UNICEF, 2003.
266. According to the police, gendarmerie and justice
services, all these offences except for the first and third categories usually
lead to prosecution and consideration by an examining magistrate, unless the
offender is not criminally responsible for his act.
As pointed out above, the
police and gendarmerie services are more likely to keep offenders in custody
while they investigate thefts
and to release minors even if they sometimes
require their parents to pay financial compensation when the offence is found to
have
been committed.
267. One of the reasons for the commission of
offences (25.9 per cent) seems to be drinking and smoking and, to lesser extent,
the
use of soft drugs, amphetamines and solvents.
(d) Numbers of persons aged under 18 participating in trial programmes of
special rehabilitation
268. A new study of the situation of children
deprived of liberty is being carried out with UNICEF support in order to
determine appropriate
action in the context of the administration
of juvenile justice.
(e) Recidivism
rate
269. Although no data are available, children deprived of
liberty who have been convicted and detained in a prison tend to re-offend
as a
result of their contact with adult prisoners.
270. It should be noted
that a project to provide a facility for housing minors is under way.
3. The sentencing of juveniles, in particular the
prohibition of
capital punishment and life imprisonment (art. 37
(a))
271. The principle of the imposition of criminal sentences on minors
finds its legal basis in Act No. 07/PR/99 of 6 April 1999. However,
if a minor
incurs the death penalty, this penalty is replaced by a sentence of 10
years’ imprisonment without possibility of
remission. Sentences of life
imprisonment are not imposed on minors.
272. Article 23 of the Act also
stipulates that, if a custodial sentence is imposed on a child aged at least 13
but under 18, the
juvenile courts may order one of the measures of supervision
or re-education provided for in the Act.
4. Physical and psychological recovery and social reintegration (art. 39)
273. The Government’s action with regard to the physical and
psychological recovery of detained children remains for the moment
very limited
owing to the lack of appropriate care facilities. A number of NGOs are
supporting the Government with the education
of children detained in
prisons.
C. Children in situations of exploitation
1.
Economic exploitation, including child labour (art. 32)
274. The national legislation takes into account some of the provisions of
ILO Conventions Nos. 138 and 182, in particular the Constitution of 31 March
1996 (arts. 20, 32, 35 and 38) and Act No. 38 of 11 December 1996 containing the
Labour Code (arts. 18, 52, 206, 208
and 210). Decree No. 55/PR/PM-MTJS-DTMPOPS
of 8 February 1969 on child labour has just been revised to take account of the
provisions
of ILO Convention No. 182.
(a) Numbers and percentages, disaggregated by type of employment of
children under the minimum age for admission to employment within
the meaning of
ILO Convention No. 138 concerning the minimum age for admission to employment
and ILO Convention No. 182 concerning
the worst forms of child
labour.
275. The survey of child labour in the informal sector
(UNICEF, 1998) estimated at 19 per cent the proportion of child workers aged
six
to 18, including 5 per cent aged six to nine, 18 per cent aged under 12, and 28
per cent aged 13 to 14.
276. The findings of EDST-2004 showed that 3.3
per cent of children aged five to 14 engage in paid work, while 23.3 per cent
engage
in unpaid work for a person other than a member of their household. A
total of 73.9 per cent of children does domestic work such
as cooking, fetching
water and looking after babies for less than four hours a day, while 7.3 per
cent spend more than four hours
a day on such tasks.
277. Overall, 65.5
per cent of children are currently regarded as workers. The difference between
boys and girls is very slight (66.5
per cent of boys and 64.6 per cent of
girls). Children in rural areas are much more likely to work than urban children
(69.5 against
52.3 per cent). This situation is a result of the traditional
nature of rural jobs themselves (work connected with agriculture, herding
animals at pasture, etc.), which do not require any particular
qualifications.
278. Boys (58.5 per cent) are more numerous than girls (
52 per cent) in the category of children doing work connected with agriculture,
livestock-raising and commerce. Disaggregation by place of residence shows that
61.6 per cent of rural children work in agriculture
or livestock-raising,
compared with only 34.3 per cent of urban children.
279. Studies were
also conducted in 2005 on the problem of child domestic workers in
N’Djamena and of mouhadjirin in the refugee camps and the
communities in the east of the country; these studies have made it possible to
understand the problem
better and target measures on these children.
(b) Numbers and percentages of these children having access to assistance
with readaptation and reintegration, including free access to
basic education
and/or vocational training
280. The Government formulated and
introduced in collaboration with NGOs a programme of family and socio-economic
reintegration for
children in need of special protection, including victims of
the worst forms of child labour. Care facilities for these children
have been
established and furnished with school equipment and supplies. In the period
2002-2004 a total of 1,450 children were thus
able to exercise their right to
education: 1,163 were given places in school under the programme and provided
with school necessities,
while a further 105 were placed in vocational training
workshops, with their fees paid and tool kits provided.
2. Drug abuse (art. 33)
281. The legal context remains unchanged from the one described in the
initial report. There are no disaggregated data on the numbers
of children using
drugs and those receiving treatment and assistance and having access to
rehabilitation services.
3. Sexual exploitation and sexual abuse (art. 34)
282. In accordance with the recommendations adopted at international
meetings, including Stockholm (1996), Rabat (2001 and 2004) and
Bamako (2202),
Chad has prepared a national plan of action to combat sexual exploitation and
sexual abuse.
283. The revision of some of the provisions of Criminal
Code to improve the situation of children took into account the need to suppress
sexual exploitation and sexual abuse by imposing stiffer penalties when the
victims are minors.
284. The punishment of sexual exploitation is
addressed in articles 271 to 277 of the Criminal Code. A bill amending and
supplementing
certain provisions of the Code is being processed in order to
bring the Code into line with the Convention.
285. Rape is treated as
sexual exploitation and addressed in article 28. The Code also covers: sexual
harassment (arts. 36-38); paedophilia
(arts. 42-44); soliciting (arts. 45 and
46); and the prostitution of minors and early marriage.
286. The project
to combat sexual exploitation gives emphasis to raising young people’s
awareness of the dangers of sexual exploitation,
early marriage and endogamic
marriage, and female genital mutilation; a national plan of action to combat the
sexual exploitation
of children was drafted, and approved in April
2005.
287. Among the initiatives taken by civil society, attention may be
drawn to:
- Research on sexual harassment in schools and the exodus of girls (studies commissioned by CELIAF in 2005);
- Dissemination of the rights of the child, and counselling and legal assistance.
288. Although there are no national statistics,
the qualitative and quantitative study of children in need of special
protection,
with the focus on victims of abuse, carried out in 2003 with UNICEF
support in seven of the country’s towns facilitated a better
understanding
of the scope of the problem.
289. The study found that a total of 155
cases of sexual abuse had been recorded by the State and private services. The
following
are the categories of such abuse revealed by the official services:
rape, which is the leading category with a rate of 71.4 per cent,
followed by
attempted rape (13.1 per cent), sexual harassment (9.7 per cent), fondling (1.7
per cent) and indecent assault (4 per
cent).
290. The principal victims
are girls (97 per cent), in particular street vendors, domestic servants and
schoolgirls, but boys living
in the street are also affected (4.5 per
cent).
291. However, according to the study children are often abused in
the family (42.2 per cent, in school (10.3 per cent) and in other
locations such
as the workplace, care centres, the street and the abuser’s home. Since
the perpetrators of the abuse come from
the victims’ own environment or
for the most part have authority over them, almost one half (47 per cent) of the
perpetrators
escape any particular legal action.
4. Other forms of exploitation (art. 36)
292. The other forms of exploitation identified in Chad are female
genital mutilation, early marriage, and the use of children to
smuggle goods
across borders, and the exploitation of children in guardianship. Once the bill
revising the Criminal Code has been
enacted, it will be possible to prosecute
female genital mutilation and early marriage before the criminal courts. But the
civil
courts already hear cases of early marriage and may order their
annulment.
293. As part of the fight against female genital mutilation,
awareness-raising campaigns are carried out in conjunction with CONACIAF-Chad,
and networks have been established in areas where this practice is common. The
curricula for the training of doctors, nurses and
social workers have
incorporated the topic of female genital mutilation.
5. Sale, trafficking and abduction (art. 35)
294. Chad, long cited as a country where trafficking in children is unknown,
is no longer free of this problem as a result of the
emergence of the use of
children as herders, which is regarded as a form of trafficking, and the cases
of theft of children reported
here and there.
295. The surveys of the use
of children as herders (UNICEF, 1999 and 2001), i.e. the recruitment of rural
children to guard livestock
with the promise of payment in kind (beef, goat
meat, etc.) were unable to quantify the number of victims but they did reveal
the
series of transactions which justify regarding the problem as the sale of
children, as well as the violent treatment of these children.
296. In
their efforts to tackle the economic exploitation of children, especially child
herders, the Government and its partners have
put the emphasis on advocacy,
social mobilization, and “Communication to Change Conduct”. To this
end they formulated
an integrated communication plan on the use of children as
herders, which addresses all the stakeholders; it was put into effect
in 2002
with UNICEF support.
297. The activities carried out under this plan have
led to the involvement of the administrative and religious authorities in the
campaign. Positive results have been obtained, including the reduction of the
problem in some areas and the rescue of child herders
and their return to their
families. A total of 264 children was rescued and returned in 2004 and 2005. In
order to put these activities
on a sustainable footing, a network to combat the
use of child herders was established in March 2006 with UNICEF
support.
298. In addition, in view of the cross-cutting nature of
trafficking in children, a team of three trainers of Chadian trainers received
instruction in Cameroon under the auspices of international cooperation in the
rights and the protection of children victims of trafficking.
299. Chad
also took part in the meeting of experts on the question of trafficking in
persons, in particular women and children, which
examined the regional plan of
action and the agreement on multilateral cooperation to combat this
problem.
300. The regional plan of action and the multilateral agreement
were submitted for signature to the Ministerial Conference of the
countries
members of ECOWAS and ECCAS held on 6 and 7 July 2006 in Abuja. Chad attended
the meeting and signed the documents.
D. Children belonging to a minority or an indigenous group
(art. 30)
(see CRC/C/3/Add.50, para. 203)
E. Children living
or working in the street
301. According to the report on the 2003 UNICEF study on children in need
of special protection, 7,031 such children were identified
in the seven towns
surveyed. Table 18 sets out data by town.
Table 18. Distribution of children living or working in the street
Town
|
Children living or working in the street
|
|
Numbers
|
Percentages
|
|
Abéché
|
467
|
6.6
|
Bongor
|
505
|
7.2
|
Doba
|
222
|
3.2
|
Kélo
|
1 103
|
15.7
|
Moundou
|
582
|
8.3
|
N’Djamena
|
3 570
|
50.8
|
Sarh
|
582
|
8.3
|
Totals
|
7 031
|
100
|
Source: Study on children in need of special protection, UNICEF,
2003.
302. N’Djamena leads the way in numbers of street children
over the other towns surveyed, accounting for half of the numbers
recorded. It
is followed by Kélo (15.7 per cent) and Sarh and Moundou (8.3 per
cent each). The town least affected by this
problem appears to be Doba (3.2 per
cent). Bongor and Abéché account for 7.2 and 6.6 per cent
respectively.
-----
[*] Reissued for technical
reasons.
** For the initial report submitted by the
Government of Chad, see CRC/C/3/Add.50; for
its consideration by the Committee, see CRC/C/SR.546 and 548; and for the Committee’s concluding observations, see CRC/C/15/Add.107.
[**]* In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services.
GE.07-45779 (EXT)
[1]
UNICEF: The State of the World’s Children 2005, Foreword, p.
vii.
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