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Comments adopted by the CEACR: Chad

Adopted by the CEACR in 2021

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 2(2)(a) of the Convention. Work in the general interest imposed in the context of compulsory military service. In its previous comments, the Committee noted that, according to section 14 of Ordinance No. 001/PCE/CEDNACVG/91 of 1991 reorganizing the armed forces within the framework of compulsory military service, conscripts who are fit for service are classified into two categories, one of which remains at the disposal of the military authorities for two years and may be called upon to perform work in the general interest by order of the Government. The Committee recalled that, to be excluded from the scope of application of the Convention and not considered to be forced labour, any work or service exacted under compulsory military service laws must be of a purely military character. The Committee therefore requested the Government to take measures to amend the provisions of section 14 and noted the Government’s indication that those provisions would be brought into conformity with the Convention.
The Government once again indicates in its report that it will take the necessary measures to bring the provisions of section 14 of Ordinance No. 001/PCE/CEDNACVG/91 into conformity with the Convention. The Committee notes that section 14 of the Ordinance of 1991 reorganizing the armed forces was reproduced in section 32 of Act No. 012/PR/2006 of 10 March 2006 reorganizing the armed and security forces.
The Committee notes with regret the continued absence of measures bringing the provisions of the legislation on compulsory military service into conformity with the Convention, despite the Committee’s requests in this regard over several years. The Committee urges the Government to amend the legislation setting out the rules applicable to compulsory military service in order to limit the work or services exacted as part of compulsory military service to that of a purely military character, without including work in the general interest, in conformity with Article 2(2)(a) of the Convention. The Committee also requests the Government to provide a copy of the legislation currently in force governing compulsory military service. Lastly, it requests the Government to provide information on the number of persons performing work in the general interest by order of the Government and on the nature of such work.
Article 2(2)(c). Work imposed by an administrative authority. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for the relocation, internment or expulsion of persons whose activities constitute a danger for public order and security, under which the administrative authorities may impose work on persons subject to a prohibition of residence once they have completed their sentence. This section provides that a person with a criminal conviction involving the prohibition of residence may be used for work in the public interest for a period the duration of which is determined by order of the Prime Minister.
The Committee notes with regret that the Government reiterates in its report that it will take the necessary measures to amend or repeal section 2 of Act No. 14 of 1959, without reporting any progress in this regard. The Commission recalls that, under Article 2(2)(c) of the Convention, mandatory work exacted from convicts is not considered forced labour only when it is exacted as a consequence of a conviction in a court of law and subject to certain conditions. Consequently, the Committee strongly urges the Government to take the necessary measures to amend or repeal section 2 of Act No. 14 of 13 November 1959 so that persons subjected to a prohibition of residence who have completed their sentence are not sentenced to work in the public interest by administrative authorities. In the meantime, the Committee requests the Government to provide information on the application in practice of section 2 of Act No. 14 of 1959, particularly on the number of sentences imposed under this section.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 1(1), 2(1), and 25 of the Convention. Trafficking in persons. The Committee previously noted the establishment of an inter ministerial committee in 2013 with responsibility, among other matters, for proposing amendments to the national laws and regulations in force and coordinating all activities by ministerial departments involved in combating trafficking in persons. The Committee requested the Government to provide information on the measures taken to raise awareness about the phenomenon of trafficking and to strengthen its legislative framework.
The Government indicates once again in its report that it is experiencing difficulties arising from a lack of training among legal professionals as well as financial and material difficulties to prevent, repress and punish trafficking in persons. The Committee notes that, according to information provided by the Government to the United Nations Human Rights Council in its report of 30 August 2018, Ordinance No. 006/PR/2018 on combating human trafficking in Chad was adopted on 30 March 2018 (A/HRC/WG.6/31/TCD/1, paragraph 11). The Committee also notes that, according to the May 2018 report of the Working Group on the issue of discrimination against women in law and in practice on its mission to Chad, internally displaced and refugee women are victims of trafficking in persons (A/HRC/38/46/Add.2, paragraph 66). While noting the difficulties experienced by the Government, the Committee requests it to continue its efforts to prevent, repress and combat trafficking in persons. The Committee requests the Government to take measures to strengthen the capacity of the bodies responsible for enforcing the law in order to improve the identification and protection of victims of trafficking and ensure that all persons who commit acts of trafficking and related crimes are investigated and prosecuted. The Committee requests the Government to provide information in this regard and to communicate without delay a copy of Ordinance No. 006/PR/2018 on combating trafficking in persons in the Republic of Chad.
Articles 1(1) and 2(1). 1. Freedom of career members of the armed forces to leave their employment. The Committee previously noted that, under sections 104 and 105 of Ordinance No. 006 PR/92 of 28 April 1992 issuing the general conditions of service of military personnel, in cases where a member of the armed forces “has received specialized training and has not reached the term of the period during which he undertook to remain in service” or “has not reached the end of the period required for entrance into military training schools”, the request for resignation (provided for in section 103 of the above-mentioned Ordinance) will only be accepted “for exceptional reasons”. The Committee requested the Government to provide information on the manner in which career members of the armed services have the right to terminate their employment. The Committee also requested the Government to provide information on the period of engagement that is required after receiving specialized training and for entry into military school.
The Committee notes that the Government has not provided any information on this matter in its report. The Committee recalls that career members of the armed forces, who signed up voluntarily, must be able to leave the service in times of peace, within a reasonable period, either at specified intervals, or with previous notice, or subject to proportional reimbursement over the remaining period of service of the cost of the training received. The Committee therefore requests the Government to send information without delay on the application in practice of the provisions of sections 104 and 105 of the Ordinance issuing the general conditions of service of military personnel, with an indication of the “exceptional reasons” for which a career member of the armed forces would be allowed to resign and the number of resignation requests accepted and denied, as well as the reasons for refusal, where applicable. Furthermore, the Committee requests the Government once again to indicate the period of engagement that is required for entry into the military school and the period required after receiving specialized training.
2. Suppression of vagrancy. The Committee notes that, under the provisions of section 184 of Act No. 2017-01 of 8 May 2017 issuing the Penal Code of 2017, the fact of not having a fixed abode or livelihood, of not being habitually engaged in a trade or profession, and of being found in a place that is public or open to the public is an offence punishable by a term of imprisonment. The Committee observes that the wording of section 184 of the Penal Code is general enough to allow it to be used as an indirect compulsion to work, penalizing the mere refusal to work. Such a definition, which is not limited to penalizing illicit activities or those likely to cause public disorder, runs counter to the provisions of the Convention. The Committee therefore requests the Government to provide information on the application in practice of section 184 of the Penal Code, as well as on any measures envisaged to expressly eliminate from legislation any compulsion to labour for vagrants.
Article 2(2)(c). Prison labour. The Committee previously noted the adoption in 2011 of a new Act on prisons and Ordinance No. 032/PR/2012 on the organization of prisons, and requested the Government to provide copies of these two texts.
The Committee notes that, according to the Government’s 30 August 2018 report to the Human Rights Council, Act No. 019/PR/2017 establishing the prison system was adopted on 28 July 2017 (A/HRC/WG.6/31/TCD/1, paragraph 11). The Committee requests the Government to send without delay a copy of the legislation currently in force governing prison labour in Chad.
Article 25. Imposition of effective penal sanctions. The Committee previously recalled the importance of penalties of a penal and dissuasive nature in the case of the exaction of forced labour and expressed the hope that the Government would take the opportunity of the adoption of the new Penal Code to criminalize and establish penalties for forced labour.
The Committee notes that section 327 of Act No. 2017-01 of 8 May 2017 issuing the Penal Code provides for imprisonment of one to five years and/or a fine for any person who imposes upon others any work or service for which they did not voluntarily offer themselves. Section 331 stipulates that the penalty is doubled in the event of threats, recourse to violence or other forms of compulsion, abduction, fraud, deception, abuse of authority or advantage being taken of a situation of vulnerability or exploitation. Referring to paragraph 319 of its General Survey of 2012 on the fundamental Conventions, the Committee recalls that in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive, legislation providing for the possibility of a fine alone cannot be considered to be effective. The Committee requests the Government to provide information on the manner in which sections 327 and 331 of the Penal Code are applied in practice, providing specific information on penalties imposed on persons convicted under sections 327 and 331 of the Penal Code.

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their administration and activities. In its previous comments, the Committee drew the Government’s attention to the need to take measures to amend the following provisions of Act No. 008/PR/007, of 9 May 2007, regulating the exercise of the right to strike in public services.
– section 11(3) of the Act, which imposes the obligation to declare the “possible” duration of a strike (the Committee recalls that trade unions should be able to call strikes of unlimited duration if they so wish); and
– sections 20 and 21 of the Act, under which the public authorities have discretion to determine the minimum services and the number of officials and employees who will ensure their maintenance in the event of a strike in the services enumerated in section 19. In this regard, the Committee notes the conclusions and recommendation of the Committee on Freedom of Association in Case No. 3004 (see 375th Report), which emphasized the need to amend Act No. 008/PR/007 to ensure the determination of a minimum service in accordance with the principles of freedom of association and requested the Government to provide detailed information to the Committee of Experts. The Committee notes with regret that the Government confines itself in its report to indicating extremely briefly that measures have been adopted to take into account the Committee’s comments. In the absence of information from the Government, the Committee recalls that the maintenance of minimum services in the event of a strike should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole of part of the population (or essential services “in the strict sense of the term”); (ii) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; or (iii) in public services of fundamental importance. Such a minimum service should meet at least two requirements: (i) it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see the 2012 General Survey on the fundamental Conventions, paragraphs 136 and 137).
The Committee trusts that the Government will make every effort to adopt the necessary measures in the near future with a view to amending Act No. 008/PR/007 of 9 May 2007 in accordance with the principles recalled above.

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, which allege violations of the trade union rights in law and in practice, as well as the Government’s response thereto, dated 11 October 2019.
The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2016, which are of a general nature. It also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, relating to: (i) the legal procedures governing the right to strike; (ii) cases of serious violations of trade union and fundamental rights; and (iii) the determination of essential services. The Committee requests the Government to provide its comments in this regard.
Articles 2 and 3 of the Convention. Labour Code. In its previous comments, the Committee requested the Government to take measures to amend section 294(3) of the Labour Code, under the terms of which minors under 16 years of age may join a union, unless their father, mother or guardian objects, with a view to recognizing the trade union rights of minors who have reached the statutory minimum age to enter the labour market in accordance with the Labour Code (14 years), either as workers or apprentices, without the intervention of their parents or guardians. The Committee also drew the Government’s attention to the need to take the necessary measures to amend section 307 of the Labour Code, to ensure that monitoring by the public authorities of trade union finances does not go beyond the obligation of organizations to submit periodic reports. The Committee noted the Government’s indication that this provision has never been applied and that it was removed in the draft revision of the Labour Code. The Committee notes the Government’s statement that the concerns of the Committee have been taken into account in the revision of the Act issuing the Labour Code, even though the latter has not yet been promulgated. The Committee trusts that the Labour Code will be promulgated in the near future and that it will give full effect to the provisions of the Convention on the points recalled above. It requests the Government to provide a copy of the text as adopted.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1(a) of the Convention. Imposition of prison sentences involving an obligation to work as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee recalls that the Convention protects persons who express certain political views or views opposed to the political, social or economic system by establishing that in the context of activities they carry on for these purposes they may not be punished by sanctions involving an obligation to work. The Committee noted in this connection that section 57 of Decree No. 371/77/CSM/MJ of 9 November 1977 issuing the prison regulations of Chad specifies that labour is compulsory for all ordinary law prisoners. To the extent that this provision refers to ordinary law prisoners, the Committee requests the Government to indicate in an unequivocal manner whether persons sentenced for political offences are exempt from the obligation to perform prison labour. Please provide information on offences deemed to be political in nature.
In its previous direct request the Committee took note of several texts regulating the exercise of civil liberties which the Committee had not as yet examined. It noted that breach of certain provisions of these texts is punishable by penalties of imprisonment which as indicated above, involve an obligation to work. The Committee again asks the Government to specify whether the texts below, some of which are fairly old, are still in force. Furthermore, so that it can assess the scope of the provisions mentioned below, the Committee asks the Government to provide information on the manner in which the courts rely on these provisions (frequency with which they apply them, circumstances allowing characterization of the offences and nature of the sentences imposed). The Committee has to satisfy itself that no penalties of imprisonment involving an obligation to work are imposed under these provisions, on persons who, without resorting to violence, express political views or views opposed to the established political, social or economic system. Please provide copies of any court decisions handed down under these provisions.
– Ordinance No. 27 of 28 July 1962 regulating associations: under section 6, members of an association which has not been declared are liable to prison sentence ranging from one month to one year; the same penalty may be imposed on the founders, directors, or administrators of an association which has been dissolved (section 8); the penalties established in section 6 are doubled in the case of unlawful reestablishment of an association that has been dissolved (section 9).
– Ordinance No. 45 of 27 October 1962 on public meetings: section 6 establishes penalties of imprisonment for failure to notify the holding of meetings (two weeks); the holding of a meeting on the public thoroughfare (from one month to three months); the holding of a meeting beyond the time normally determined for its closure (from two weeks to one month); the holding of a meeting without appointment of officers (from two weeks to two months); the organization of a prohibited meeting (from one month to three months).
– Ordinance No. 46 of 28 October 1962 on unlawful assembly: section 5(1) establishes a penalty of between two month and one year for any unarmed person who, as a participant in an unarmed unlawful assembly, does not leave following the first order to do so; and section 7(1) for any direct provocation of an unarmed unlawful assembly through speeches delivered in public or in writing, or through the posting or distribution of printed tracts.
– Decree No. 193/INT.-SUR of 6 November 1962 regulating demonstrations on the public thoroughfare: section 4 establishes various penalties of imprisonment for incomplete or inaccurate notification of the conditions relating to the planned demonstration; the organization of the demonstration prior to the submission or following its prohibition; participation in the organization of a demonstration that has not been notified or is prohibited, or participation therein in full knowledge of the situation.
– Act No. 45/PR/94 of 14 December 1994 issuing the charter of political parties: under section 41, whosoever founds, directs or administers a political party in breach of the law is liable to a sentence of imprisonment of between two and 18 months and whosoever directs, administers or is a member of a political party which is maintained during its suspension or which is re-established after it has been dissolved is liable to a penalty of between three months and three years.
The Committee further notes that Act No. 029 of 12 August 1994 on provisions governing the press in Chad has been repealed by Ordinance No. 005/PR/2008 of 26 February 2008 of the same name. The Committee notes that this ordinance was adopted under the emergency powers granted to the President of the Republic by Decree No. 194/PR/2008 of 14 February 2008. It notes with regret that the Ordinance has increased certain penalties and imposed restrictions on the exercise of freedom of the press by introducing new offences, including contempt of the President of the Republic and contempt of foreign Heads of State or Government, these offences being punishable by a prison term of from one to five years (section 48). Consequently, the Committee likewise asks the Government to provide information on the manner in which the courts apply section 48 of the Ordinance (contempt), as well as sections 41 (dissemination of false information) and 43 and 44 (libel and slander); frequency with which these provisions are invoked by the courts, circumstances allowing characterization of the offences and nature of the penalties imposed.
Furthermore, the Committee had the opportunity to become acquainted with the text of the Penal Code adopted in 1967 (Ordinance No. 12-67-PR-MJ). The Committee notes that the Penal Code has repealed Act No. 15 of 13 November 1959 punishing acts of resistance, disobedience and misdemeanours towards members of the Government, deputies and the administrative and judicial authorities, on which the Committee has been commenting for many years. Having examined the Code, the Committee requests the Government to provide information on the manner in which the courts apply section 100, under which any unarmed person participating in an unarmed unlawful assembly who fails to leave it following the first order to do so is liable to a sentence of imprisonment of between two months and one year, and section 118 which establishes a prison sentence of between two weeks and two years for contempt of a member of the Government or the National Assembly or a magistrate in the performance of their duties or on the occasion of such performance.
Article 1(d). Imposition of penalties of imprisonment involving an obligation to work as punishment for having participated in strikes. The Committee previously noted that, according to section 131 of the Penal Code, public employees who have decided by deliberation to resign in order to prevent or suspend either the administration of justice or the administration of a service, shall be punished by a penalty of imprisonment ranging from two months to two years. According to section 157, the use of deception (manœuvres frauduleuses) to bring about or maintain, or to attempt to bring about or maintain, a concerted work stoppage for the purpose of forcing an increase or a decrease in wages, or to impede the free performance of industry or of work, shall be punished by a prison term of from six days to three years. The Committee asks the Government to indicate whether the courts have applied these provisions recently in the context of strike action and to specify the actions that were punished and the penalties imposed. Please provide copies of court decisions handed down so as to allow the Committee to assess the scope of these provisions and so satisfy itself that no penalties of imprisonment involving an obligation to work may be imposed on workers exercising their right to peaceful strike action.

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. Adoption and implementation of an active employment policy. The Committee notes the Government’s first report on the application of the Convention. It notes in particular that the Government reports the adoption of the “National employment policy declaration” (DNPE) of 11 April 2002, established by Decree No. 176/PR/MFPTPEM/02. Subsequently, in 2014, the Government, with the support of the National Committee for the Formulation of National Employment Policy and in collaboration with the ILO, drew up a new “National employment and vocational training policy” (PNEFP). The goal of the PNEFP is to contribute to the growth of decent employment opportunities and thereby ensure strong economic growth. The Committee also understands that the Government has taken a decision to update and adopt a new version of the PNEFP. The Committee requests the Government to provide in its next report information on any progress made in the implementation of the “National employment and vocational training policy” (PNEFP) and on its impact in terms of full, productive and freely chosen employment. The Committee also requests the Government to keep the Office informed of developments regarding the new version of the PNEFP and to send a copy of it once it has been adopted.
Employment services. The Committee notes that, according to section 494 of the Labour Code of Chad (1996), the National Employment Promotion Office (ONAPE) has sole authorization to carry out job placement operations throughout Chad. In this regard, the PNEFP indicates that ONAPE has a monopoly over placement throughout the country, through its offices located in N’Djamena, Moundou, Sarh, Abéché, Bongor, Mongo, Moussoro and Doba. The Committee also notes that section 503 of the Labour Code imposes fines and imprisonment for any persons who violate the ONAPE placement monopoly, as defined in section 494 of the Code. In this regard, the Committee refers to paragraph 728 of its 2010 General Survey concerning employment instruments, in which it re-emphasized that public employment services and private agencies are both actors in the labour market and that their common aim is to contribute to a functioning labour market and the achievement of full employment. The Committee therefore encourages the Government to consider the possibility of ratifying the Private Employment Agencies Convention, 1997 (No. 181). The Committee reminds the Government that it may avail itself of ILO technical assistance in this regard.
Article 2. Education and vocational training. Policy coordination. Employment trends. Information on the labour market. The Committee notes that the 2014 PNEFP 2014 refers to the inadequacy of training centres and indicates that the capacities of the vocational and technical training system are far too limited to meet national demand for training. It also indicates that obstacles to the development of technical instruction and vocational training in Chad are caused in particular by the absence of curricula geared to the labour market, the inadequacy of the training proposed, the absence of an effective coordination strategy, the lack of a mechanism to provide information on occupations and the lack of vocational guidance. In this regard, the Government indicates in its report that steps have been taken to improve education policies and training, particularly providing and renewing skills for trainers and increasing and diversifying the training available. Moreover, the Government indicates that new areas of training have been established in existing centres and occupational instruction programmes have been developed. Other training strategies have been designed and implemented to strengthen ongoing training in the public and private sectors and to enable persons excluded from other training systems to improve their employability. The Committee notes that, for this purpose, existing establishments have been rehabilitated to become functional and new training establishments have been created. It also notes that steps have been taken to develop a training partnership with enterprises and ensure that work-linked training is developed and operational. The Committee requests the Government to continue providing information, including statistics disaggregated by age and sex, on the impact of measures taken, in consultation with the social partners and representatives of groups affected by the measures, to update and reinforce the coordination of technical instruction and vocational training programmes so that instruction and training courses are designed and implemented in such a way as to meet labour market demand. The Committee also requests the Government to provide information on the nature and scope of vocational guidance and training for young men and women, particularly those living in rural areas.
Employment for women. The Committee notes that the 2014 PNEFP highlights major inequalities between men and women, in both the education system and the labour market, which obstruct the full realization of the socio-economic potential of women in Chad. With regard to employment, the PNEFP indicates in particular that women employed in the oil industry account for only 8.2 per cent of senior and middle managers and 26.9 per cent of manual workers and junior employees. In addition, according to the PNEFP, vocational training proposed to women by the public training market is limited to traditionally “female” occupations, such as hairdressing, dressmaking and service sector jobs. Moreover, the PNEFP reports a very high illiteracy rate in the country, with a significant disparity between men and women (69 per cent and 86 per cent, respectively). In this regard, the Committee notes that articles 13 and 14 of the Constitution of the Republic of Chad, promulgated on 4 May 2018, grants women the same political rights as men and guarantees non-discrimination before the law. It also notes that the PNEFP underlines the need to take measures to improve access to vocational training systems and programmes for women. The Committee requests the Government to provide information on specific measures taken or contemplated to combat gender-based occupational segregation in its horizontal form (where women are concentrated in certain sectors) and vertical form (where women are concentrated at the lower levels), including measures taken to provide women with a wider choice of educational and vocational training possibilities, in sectors such as information technology and various types of engineering. The Committee also requests the Government to provide detailed information, including statistics disaggregated by age and sex, on the nature and impact of technical and vocational training programmes in terms of wider employment possibilities for women, and also information on measures to improve the situation of rural women regarding access to education, training and employment, including basic education and training in setting up businesses.
Youth employment. The PNEFP indicates that, after agriculture, the urban economy (informal, semi-formal, urban craft sector, SMEs) is one of the areas of employment that offers more possibilities of socio-occupational and economic integration to young people in the cities who are not or no longer in school. It also refers to the high rate of youth unemployment, indicating that 60 per cent of job applications, for both sexes, are from young graduates between 25 and 35 years of age who form a massive presence in the formal labour market. In this regard, the Committee notes the statistics provided by the third series of “Surveys of consumers and the informal sector in Chad” (ECOSIT3) of June 2013, which indicate ever-increasing graduate unemployment and hence poor performance levels for youth employment. According to the results of ECOSIT3, the unemployment rate is 22 per cent and generally affects the 15-30 age group. In this regard, the Government indicates that it has implemented measures to promote possibilities for the creation of decent jobs for the young unemployed. However, the Committee notes that the Government does not provide any information on specific programmes aimed at promoting youth employment. The Committee requests the Government to provide information on all measures taken or contemplated to promote decent, productive and sustainable employment for young persons, particularly those belonging to disadvantaged groups (women, persons with disabilities and unskilled young people), and young persons working in agriculture or the informal economy, in order to reduce inequalities in the labour market. The Committee also requests the Government to provide up-to-date, detailed information on the impact of these measures on full employment for young persons, in particular young graduates. The Committee further requests the Government to provide statistical data, disaggregated by age, sex and economic sector, on trends in employment, unemployment and underemployment for young persons.
Persons with disabilities. The Committee refers to its comments relating to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), as regards the application of Act No. 007/PR/2007 of 9 May 2007 establishing protection for persons with disabilities. This Act contains provisions relating to socio-economic integration rights, according to which the State and regional authorities have the obligation to create conditions conducive to promoting employment for persons with disabilities in the public and private sectors and to ensure protection for these persons against all forms of exploitation and discrimination (section 15). The Act also provides for tax incentives for private companies employing “a reasonable proportion of persons with disabilities” (section 16). The Committee requests the Government to provide information on the measures taken or contemplated to give effect to section 15 of Act No. 007/PR/2007 establishing protection for persons with disabilities and to indicate whether enterprises have availed themselves of the arrangements established by section 16 of the aforementioned Act, clarifying the interpretation of the expression “a reasonable proportion of persons with disabilities”. It also requests the Government to provide up-to-date statistics, disaggregated by age and sex, indicating the number of persons with disabilities employed in the public and private sectors.
Rural development. The 2014 PNEFP underlines the need to develop employment and training capacity in the rural sector and indicates that one of the main challenges facing the Government is modernization of the rural sector. In this regard, the Government describes in its report the measures taken to reduce the costs of setting up businesses (SMEs) in rural areas and to reinforce the capacities of local authorities by providing them with resources to finance infrastructures to support the development of SMEs and by helping the communes to set up business kiosks for SMEs in the major cities. The Committee requests the Government to provide information on the impact of initiatives taken to generate growth and create jobs in rural areas, particularly to promote self-employment and entrepreneurship for women and men. It also requests the Government to provide information on all measures taken or contemplated to promote the creation of microenterprises, cooperatives and other forms of associative enterprises to promote business development in rural areas. Referring to the Promotion of Cooperatives Recommendation, 2002 (No. 193), the Committee requests the Government to supply information on the measures taken to promote decent and productive work through cooperatives.
Informal economy. The PNEFP indicates that the informal economy accounts for over 80 per cent of jobs in Chad and makes a major contribution to generating added value at the national level. The Committee requests the Government to provide detailed, up-to-date information on the nature and impact of measures taken to organize the informal economy and integrate informal economy workers into the formal labour market, particularly young workers and women, taking into account the guidance of the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204).
Promotion of micro, small and medium-sized enterprises (MSMEs). The Government reports on overall and sectoral policies and also on labour market policies whose aim is to promote job creation by facilitating the establishment of small and medium-sized enterprises (SMEs) and small and medium-sized industries by means of fiscal, para-fiscal and administrative measures. In this regard, the Government indicates that tax incentives have been introduced for enterprises which create jobs. The Committee notes that these tax measures consist in particular of reducing the rate of company taxation to a sustainable level for SMEs, eliminating various para-fiscal and administrative deductions, in particular those collected by ministries and other administrations, and granting public aid to SMEs and enterprises in the “green economy” to create jobs. The Committee requests the Government to provide up-to-date information on the effectiveness of measures and programmes implemented to support SMEs and small and medium-sized industries and on their impact on the number and nature of enterprises established and the number of jobs created by such enterprises.
Labour market information system. Employment trends. The Government reports the strengthening and implementation of an effective information system at the national, regional and community levels for providing reliable, regular and relevant statistics, facilitating a mechanism for regular monitoring and appropriate analysis of the labour market. In this regard, the Government indicates that it intends, firstly, to set up a mechanism that enables national coordination of the activities of existing institutional structures such as the National Institute of Statistics and Economic and Demographic Studies (INSEED), the Education, Training and Employment Observatory (OBSEFE), the National Employment Promotion Office (ONAPE) and the National Vocational Training Support Fund (FONAP) and, secondly, to create regional branches of the employment observatory to decentralize the labour market information system. In this regard, the Committee notes that statistical activities in Chad are regulated by Act No. 013/PR/99 of 15 June 1999, establishing the National System of Statistics (SSN) with INSEED as its central body. The Committee also notes that INSEED is currently carrying out the “Fourth survey of household living conditions and poverty in Chad” (ECOSIT4) for 2018–19, in order to obtain indicators for monitoring poverty and living conditions and to provide data for the evaluation of public policies, including employment policy. The Committee requests the Government to provide up-to-date statistical information on labour market trends in the country, particularly regarding the active population, employment, unemployment and underemployment rates, disaggregated by sex and age, and if possible by urban or rural area. The Committee also requests the Government to provide information on the progress of reforms relating to the national labour market information system. The Committee further requests the Government to provide in its next report information on the results of the “Fourth survey of household living conditions and poverty in Chad” (ECOSIT4) and to send a copy of the survey once it has been completed.
Article 3. Participation of the social partners. Representatives of persons affected. The Committee notes that the Government has not provided any information on the holding of consultations with the social partners, including in the rural sector and the informal economy, with regard to the formulation and implementation of employment policy. It also notes that the Government does not provide any information on consultations held with the representatives of persons affected by measures to be taken, particularly young persons, women, persons with disabilities, persons living with HIV and other disadvantaged groups. The Committee requests the Government to provide up-to-date, detailed information in its next report on consultations held with the social partners on the matters covered by the Convention, indicating in particular what has been the contribution of the social partners to the formulation and review of employment policies and programmes. The Committee also requests the Government to provide detailed information on the manner it which it ensures that representatives of all sectors of the economically active population which are affected – in particular representatives of disadvantaged groups of rural workers and workers in the informal economy – can participate actively in the formulation, implementation, evaluation and review of national employment policies, as provided for by Article 3 of the Convention.
COVID-19. In the context of the COVID-19 global pandemic, the Committee recalls the guidance provided by international labour standards. In this regard, the Committee would like to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for formulating and implementing effective responses to the profound socio-economic repercussions of the pandemic. The Committee invites the Government to provide in its next report up-to-date information on the impact of the COVID-19 pandemic on the implementation of policies and programmes adopted to promote full, productive, freely chosen and sustainable employment.

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. National policy. The Committee previously took note of the adoption of an Accelerated Strategy for Child Survival and Development. The Committee also noted that a draft Child Protection Code was being prepared.
The Committee notes the Government’s indication that it took note of the Committee’s comments and that the necessary measures would be taken to ensure the respect of its obligations. Recalling once again that, under Article 1, each Member for which this Convention is in force undertakes to pursue a national policy designed to ensure the effective abolition of child labour, the Committee again requests the Government to supply information on the Accelerated Strategy for Child Survival and Development in terms of its impact on the abolition of child labour. It also requests the Government to send a copy of the Child Protection Code with its next report.
Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that there is contradictory information as regards the age of completion of compulsory schooling in Chad. The Committee further took note of the gap between the compulsory education age and the minimum age for employment. The Committee reminded the Government that if the minimum age for admission to work or employment is lower than the school-leaving age, children may be encouraged to leave school as children required to attend school may also be legally authorized to work. If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see General Survey on the fundamental Conventions, 2012, paragraphs 370–371). Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate the age of completion of compulsory schooling in the country and provide a copy of the legislation which is applicable in this area. It further requests the Government to take the necessary measures to ensure that the age of completion of compulsory schooling coincides with that of the minimum age for admission to employment or work, namely 14 years. The Committee requests the Government to provide information in its next report on the progress made in this regard.
Article 3(3). Admission to hazardous work from the age of 16 years. The Committee previously noted that section 7 of the Decree relating to child labour permits the employment of young workers over 16 years of age in certain types of hazardous work. It also noted that section 9(1) of the Decree relating to child labour states that labour inspectors may call for the examination of any young worker in order to determine whether or not the work in which he is employed exceeds his strength. However, the Committee underlined the fact that this provision does not oblige labour inspectors to call for such an examination in any case where a young worker performs one of the types of work listed in section 7 of the Decree. The Committee reminded the Government that, under Article 3(3) of the Convention, young workers over 16 years of age may be authorized to undertake hazardous work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction in the relevant branch of activity. Noting once again the lack of information on this point in the Government’s report, the Committee again requests the Government to take the necessary measures to ensure that the national legislation only allows young workers over 16 years of age to undertake hazardous work under the conditions provided for in Article 3(3) of the Convention. The Committee requests the Government to provide information in its next report on progress made in this regard.
Article 6. Apprenticeships. The Committee previously noted that section 18 of the Labour Code provides that an apprentice must be at least 13 years of age at the start of the apprenticeship. However, it noted that section 1 of the Decree relating to child labour states that no child under 14 years of age may be employed, even as an apprentice, in an enterprise within the territory of the Republic of Chad. The Committee observed that there is a discrepancy between the age of entry to an apprenticeship laid down by the Labour Code (13 years) and the one laid down by the Decree relating to child labour (14 years). It reminded the Government that Article 6 of the Convention states that the age of entry to an apprenticeship is 14 years. Noting the lack of information on this point in the Government’s report, the Committee again requests the Government to take the necessary measures to harmonize the Labour Code with the Decree relating to child labour and to set the age of entry to an apprenticeship at 14 years, in accordance with the terms of the Convention. The Committee requests the Government to provide information on progress made in this regard in its next report.
Article 7. Light work. The Committee previously noted that section 2 of the Decree relating to child labour states that the age for admission to employment is set at 12 years for certain types of light work. It also noted that section 3(2) of the Decree states that the duration of such work may not exceed four-and-a-half hours per day. The Committee reminded the Government that, under the terms of Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons over 13 years of age (or 12 years where the minimum age of admission to employment or work is 14 years) on light work which is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Noting once again the lack of information on this point in the Government’s report, the Committee again requests the Government to indicate the manner in which the regular school attendance of children working four-and-a-half hours per day is ensured.
Part III of the report form. Labour inspection and application of the Convention in practice. The Committee previously noted the Government’s indication that statistical data on the application of the Convention were not available. However, it noted that the Committee on the Rights of the Child had expressed concern at the problem of child herders, child domestic workers and the large number of children living in the streets, most of whom are living in poverty.
The Committee notes with regret that the Government does not supply any information on this subject in its report. The Committee once again expresses its concern at the high number of children under 14 years of age who are working and vulnerable in Chad. It therefore again requests the Government to intensify its efforts to improve this situation. It also once again requests the Government to supply information on the application of the Convention in practice in its next report, including, for example, statistics disaggregated by sex and age group on the nature, extent and trends of the labour of children and young persons working below the minimum age specified by the Government at the time of ratification, as well as extracts from the reports of the inspection services, and information on the number and nature of infringements reported by these services.

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee noted that a bill issuing amendments to the Penal Code was in the process of being adopted. It also noted that Decree No. 55/PR/PM MTJS DTMOPS of 8 February 1969 concerning child labour had been revised to take account of the provisions of the present Convention. Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to take necessary measures to ensure that the bill issuing amendments to the Penal Code will be adopted in the near future, and requests it to supply information on all new developments in this respect. Furthermore, it reiterates its request to the Government to provide a copy of Decree No. 55/PR/PM-MTJS-DTMOPS of 8 February 1969 as amended, in its next report.
Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously observed with concern that, although the problem of trafficking in children exists in practice in Chad, the Penal Code does not criminalize trafficking in persons.
The Committee notes that, according to the Government, the sale and trafficking of children is prohibited and the Public Prosecutor is undertaking actions to apprehend persons who kidnap children. The Government states however that it does not have any statistics on the violations, investigations, prosecutions and convictions in this area. The Committee urges the Government to indicate the provisions that effectively prohibit the sale and trafficking of persons and, more particularly, of children under 18 years of age. It requests the Government to take the necessary measures to ensure that information on the application in practice of the relevant provisions which prohibit this worst form of child labour is available, including statistics on the number and nature of violations reported and investigations conducted, as well as on the prosecutions, convictions and penalties imposed.
2. Debt bondage, serfdom and forced or compulsory labour. In its previous comments, the Committee noted that, although forced labour, including debt bondage and slavery, is banned under the national legislation, particularly by Act No. 038/PR/96 of 11 December 1996 issuing the Labour Code (Labour Code), the practice of exploiting boys between 6 and 15 years of age to look after cattle (child herders) exists in Chad. This practice involves a contract for the hirer of services concluded between the child’s parents or guardians and a stockbreeder who owns the cattle. The boy is paid in kind – one animal after one year’s work – but he is placed in semi-slavery where it is difficult to maintain his identity and personality. The Committee once again expressed its serious concern at the existence of this practice in Chad.
The Committee notes the Government’s assertion that it will spare no efforts to guarantee the protection of children against the practice of using children as herders. Recalling once again that, pursuant to Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency, the Committee reiterates its request to the Government to take the necessary urgent measures to ensure that young persons under 18 years of age are protected against the practice of working as child herders. It also requests the Government once again to ensure that offenders are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons convicted for this practice. It requests the Government to supply information on this matter in its next report.
Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that although sections 279 to 280 of the Penal Code criminalize procuring, no provision appears to criminalize the client or, consequently, the use of a young person under 18 years of age for prostitution.
The Committee notes the Government’s indication that it will provide more detailed information on this matter as soon as the amendment of the Penal Code has been adopted. The Committee urges the Government to take the necessary measures to ensure that the Penal Code is amended urgently and that this amendment will contain provisions criminalizing any client who uses a young person under 18 years of age for prostitution. The Committee requests the Government to supply information on this matter in its next report.
Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes the Government’s indication that, as part of the amendment of the Penal Code, measures will be taken to prohibit and criminalize the use, procuring or offering of a child under 18 years of age for illicit activities. The Committee urges the Government to take the necessary measures to ensure that the amendment of the Labour Code will be adopted as a matter of urgency, and that it will contain provisions to prohibit and penalize the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. It once again asks the Government to provide information in this respect.
Clause (d). Hazardous work. Children working in the informal sector. In its previous comments, the Committee noted that Decree No. 55/PR/PM MTJS DTMOPS does not apply to young persons under 18 years of age who perform hazardous work in the informal sector, in which many children are engaged.
The Committee takes note of the Government’s indication, in its report, that work in the informal sector is not covered by any monitoring system. The Government nevertheless states that efforts are being undertaken to make a transition from the informal sector to the formal sector. Referring to its 2012 General Survey on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that, in some cases, the limited number of labour inspectors makes it difficult for inspectors to cover the informal economy as a whole. It therefore calls upon States parties to the Convention to strengthen the capacities of the labour inspectorate. The Committee urges the Government to reinforce its measures to adapt and strengthen the labour inspection services to ensure that children under 18 years of age are not engaged in hazardous work in the informal sector and that they benefit from the protection prescribed under the Convention.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that Chad was making progress towards achieving the goal of education for all by 2015 but had little chance of achieving it. In addition, it was unlikely that the country would achieve gender parity by 2025. It nevertheless noted that the Committee on the Rights of the Child, in its concluding observations of February 2009 (CRC/C/TCD/CO/2, paragraph 67), welcomed the adoption of a ten-year support programme for the reform of the education system (2004–15).
The Committee notes that, according to the Government, there has been an increase in school attendance rates, at both the primary and secondary levels. The Government also notes that, as a result of many missions carried out in the country to make parents aware of the importance of girls attending school, there is also a decrease in the gender gap. Considering that education contributes towards preventing the engagement of children in the worst forms of labour, the Committee again urges the Government to continue its efforts to improve the functioning of the education system in the country and to provide detailed information on measures taken in this respect. It also requests the Government to supply specific and up-to-date information on school attendance rates and the school enrolment rates of girls and boys, at both the primary and secondary levels.
Clause (d). Children at special risk. 1. Street children. The Committee previously noted with concern the high number of children living in the streets, predominantly children living in poverty, who are at heightened risk of sexual and economic exploitation. It also noted with concern the lack of specialized institutions or shelters for these children.
The Committee notes the Government’s statement that the situation of children living in the streets is indeed worrying and that it has undertaken actions to guarantee the rehabilitation and social integration of these children. The Committee notes with regret the Government’s statement that it does not have any information on the results achieved. In view of the large number of children living in the streets, the Committee urges the Government to provide information on the time-bound measures taken to protect street children from the worst forms of child labour, and to ensure the rehabilitation and social integration of children actually removed from the streets. It also requests the Government once again to provide information in its next report on the results achieved.
2. HIV/AIDS orphans. In its previous comments, the Committee noted with concern that, according to UNAIDS estimates for 2011, there were some 180,000 children orphaned as a result of HIV/AIDS in Chad.
The Committee notes that the Government does not provide any information on this subject in its report. It takes note, however, that UNAIDS estimates for 2013 indicate that there are now some 160,000 children orphaned as a result of HIV/AIDS, accounting for a slight decrease in numbers. The Committee again reminds the Government that HIV/AIDS has adverse consequences for orphans because they are at increased risk of becoming involved in the worst forms of child labour. The Committee therefore once again requests the Government to supply information in its next report on the specific and time-bound measures taken to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour and to ensure their rehabilitation and social integration. It asks the Government to provide information on the results achieved in its next report.
3. Child domestic workers. The Committee previously noted that, in practice, children were employed in exploitative domestic work. The Committee noted the Government’s indication that the sector was in the process of being regulated. Noting once again the lack of information on this matter in the Government’s report, the Committee urges the Government to provide information on the time-bound measures taken to protect child domestic workers from the worst forms of child labour, to remove them from such labour and to provide the necessary and appropriate direct assistance to ensure their rehabilitation and social integration, particularly by the setting up of shelters with the necessary resources. It also reiterates its request to the Government to provide a copy of the regulations governing domestic work, once they have been adopted.
4. Mouhadjirin (talibés) children. The Committee previously noted the Government’s indication that measures had been taken to raise parents’ awareness of, in particular, the phenomenon of mouhadjirin children. However, it felt bound to express its concern at the use of these children for purely economic reasons. The Committee recalled that although the issue of seeking alms as an educational tool fell outside the scope of the Committee’s mandate, it was clear that the use of children for begging for purely economic ends could not be accepted under the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 483). Noting the lack of information on this matter in the Government’s report, the Committee requests the Government once again to supply specific information, in its next report, on the time-bound measures taken to prevent the engagement of mouhadjirin children under 18 years of age in forced or compulsory labour, such as begging. Furthermore, it requests the Government to indicate the effective and time-bound measures taken to remove mouhadjirin children from this type of labour and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraphs 45 and 46), despite progress in the implementation of the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad, and although the national army of Chad did not recruit children as a matter of policy, the country task force verified 34 cases of recruitment of children by the army during the reporting period. The 34 children appeared to have been enlisted in the context of a recruitment drive in February–March 2012, during which the army gained 8,000 new recruits. In this respect, the Committee noted the new roadmap of May 2013, adopted further to the review of the implementation of the action plan concerning children associated with the armed forces and armed groups in Chad and aimed at achieving full observance of the 2011 action plan by the Government of Chad and the United Nations task force. The Committee observed that, in the context of the roadmap, one of the priorities was to speed up the adoption of the preliminary draft of the Child Protection Code, which prohibits the recruitment and use of young persons under 18 years of age in the national security forces and lays down penalties to that effect. Moreover, during 2013 it was planned to establish transparent, effective and accessible complaint procedures regarding cases of recruitment and use of children, and also to adopt measures for the immediate and independent investigation of all credible allegations of recruitment or use of children, for the persecution of perpetrators and for the imposition of appropriate disciplinary sanctions.
The Committee takes note of the information contained in the United Nations Secretary-General’s report of 15 May 2014 to the Security Council on children and armed conflict (A/68/878–S/2014/339). According to this report, the deployment of Chadian troops to the African-led International Support Mission in Mali (AFISMA) has prompted renewed momentum to accelerate the implementation of the action plan signed in June 2011 to end and prevent underage recruitment in the Chadian National Army, and the Chadian authorities have renewed their commitment to engage constructively with the United Nations to expedite the implementation of the action plan. The Government of Chad, in cooperation with the United Nations and other partners, has therefore taken significant steps to fulfil its obligations. For example, a presidential directive was adopted in October 2013 to confirm 18 years as the minimum age for recruitment into the armed and security forces. This directive also establishes age verification procedures and provides for penal and disciplinary sanctions to be taken against those violating the orders. The directive was disseminated among the commanders of all defence and security zones, including in the context of several training and verification missions. Furthermore, on 4 February 2014, a presidential decree explicitly criminalized the recruitment and use of children in armed conflict.
The Secretary-General states, however, that while the efforts made by the Government to meet all obligations under the action plan have resulted in significant progress, a number of challenges remain to ensure sustainability and the effective prevention of violations against children. Chad should pursue comprehensive and thorough screening and training of its armed and security forces to continue to prevent the presence of children, including in the light of Chad’s growing involvement in peacekeeping operations. While no new cases of recruitment of children were documented by the United Nations in 2013 and no children were found during the joint screening exercises carried out with the Chadian authorities, interviews confirmed that soldiers had been integrated in the past into the Chadian National Army from armed groups while still under the age of 18. According to the Secretary-General, the strengthening of operating procedures, such as those for age verification, which ensure the accountability of perpetrators, should remain a priority for the Chadian authorities. Finally, the Secretary-General invited the National Assembly to proceed as soon as possible with the examination and adoption of the Child Protection Code, which should provide greater protection for the children of Chad. The Committee therefore requests the Government to intensify its efforts to end, in practice, the forced recruitment of children under 18 years of age by the armed forces and armed groups and to undertake immediately the full demobilization of all children. The Committee urges the Government to take immediate measures to ensure that the perpetrators are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed on persons found guilty of recruiting and using children under 18 years of age in armed conflict. Finally, the Committee urges the Government to take the necessary measures to ensure the adoption of the Child Protection Code as soon as possible.
Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Preventing children from being engaged in the worst forms of child labour, removing children from these forms of labour and ensuring their rehabilitation and social integration. Children who have been enlisted and used in armed conflict. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 15 May 2013 (A/67/845–S/2013/245, paragraph 49), the actions taken by the Government for the release, temporary care and reunification of separated children, while encouraging, were not yet in line with the commitments made in the action plan signed between the Government and the United Nations in June 2011 concerning children associated with the armed forces and armed groups in Chad. The Committee noted that one of the priorities referred to in the 2013 roadmap was to secure the release of children and support their reintegration.
The Committee notes that, according to the Secretary-General’s report of 15 May 2014, a central child protection unit has been established in the Ministry of Defence, as well as in each of the eight defence and security zones, to coordinate the monitoring and protection of children’s rights and to implement awareness-raising activities. Between August and October 2013, the Government and the United Nations jointly conducted screening and age verification of approximately 3,800 troops of the Chadian national army in all eight zones. The age verification standards had been previously developed during a workshop organized by the United Nations in July. In addition, between August and September 2013, a training-of-trainers programme on child protection was attended by 346 members of the Chadian National Army. As from July 2013, troops of the Chadian National Army deployed in Mali started to receive pre deployment training on child protection and international humanitarian law; in December of the same year, 864 troops attended child protection training at the Loumia training centre. The Committee encourages the Government to intensify its efforts and continue its collaboration with the United Nations in order to prevent the enrolment of children in armed groups and improve the situation of child victims of forced recruitment for use in armed conflict. In addition, the Committee requests the Government once again to supply information on measures taken to ensure that child soldiers removed from the armed forces and groups receive adequate assistance for their rehabilitation and social integration, including reintegration into the school system or vocational training, wherever appropriate. It requests the Government to supply information on the results achieved in its next report.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Adopted by the CEACR in 2020

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3(1) and Articles 10, 11, 16 and 24 of the Convention. Labour inspection staff, material means of the labour inspectorate and labour inspections. In its previous comment, the Committee had noted the Government’s indication that the number of inspection staff was insufficient. The Committee notes that the Government states in its report that no vehicles are made available to labour inspectors, and that the economic crisis that began at the end of 2015 has seriously slowed activity in the country. It notes the Government’s statement that the National Development Plan (NDP) currently under way is intended to remedy that situation. The Committee requests the Government to pursue its efforts to ensure that the number of labour inspectors is sufficient to allow enterprises to be inspected as often and as carefully as is necessary to guarantee effective application of the relevant legal provisions. It also requests the Government to provide information on the number of labour inspectors and of inspection visits made over the previous three years. Furthermore, the Committee requests the Government to provide information on all measures adopted or envisaged to make available to labour inspectors the transport facilities necessary for the performance of their duties where suitable public facilities do not exist, in conformity with Article 11(1)(b) of the Convention.
Article 3(2). Duties entrusted to labour inspectors for the settlement of labour disputes. The Committee had previously noted the Government’s indication that the labour inspection services spent more time and resources on conciliation than on the acquittal of their primary duties, and it had requested that the Government ensure that labour inspectors were relieved, in law and practice, of the conciliation duties entrusted to them. The Committee notes that the Government has not replied to its previous request and recalls that the time spent by inspectors on conciliation may be detrimental to the performance of their primary duties, as defined in Article 3(1) of the Convention, particularly in a context where resources are limited. Further, the Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), stating that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour dispute. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour inspectors do not interfere with the effective discharge of their primary duties and to provide information on all progress thereon.
Article 5(a). Effective cooperation between the inspection services and the judiciary. The Committee had previously noted section 485 of the Labour Code, under which labour inspectors are to be kept informed of the judicial follow-up accorded to infringement reports, and had requested the Government to take the necessary measures to give effect in practice to that section. The Committee requests the Government to provide information on the measures adopted or envisaged to promote effective cooperation between the judiciary and the inspection services, with a view to improving the results of the latter, including the measures taken to ensure that the labour inspectorate is notified of the outcome of procedures. The Committee notes the absence of information in that connection and also requests the Government to provide information on the measures taken to apply section 485(3) of the Labour Code in practice.
Article 6. Status of labour inspectors. In its previous comments, the Committee had requested the Government to take the necessary steps to ensure issuance of the decree setting the specific conditions of service of labour inspectors and controllers, as set out in section 471 of the Labour Code. The Committee notes with concern the Government’s reply to the effect that the specific conditions of service of labour inspectors and controllers are still not available. Recalling that Article 6 of the Convention provides that the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, the Committee requests the Government to indicate the measures taken or envisaged in that connection, including the adoption of specific conditions of service for labour inspectors and controllers, as provided in section 471 of the Labour Code, and to send the relevant information to the Committee.
Article 7(3). Appropriate training of labour inspectors. The Committee notes that, in response to its previous request regarding the need for labour inspectors regularly to receive adequate training during their employment for the performance of their duties, the Government indicates that training for inspectors and controllers is needed by the country. Taking note of the Government’s request for technical assistance in training, the Committee firmly hopes that the Office will provide such technical assistance in the very near future. The Committee requests the Government to provide details of the training provided to labour inspectors, including its frequency, the number of participants, and the results obtained.
Articles 19, 20 and 21. Periodical reports and annual reports by the central authority on the work of the labour inspection services. In its previous comment, the Committee noted the Government’s indication that the labour inspection services were required to submit an activity report at the end of each year. The Committee notes that no information has been provided in this connection and requests the Government to pursue its efforts to enter into conformity with Article 20 of the Convention and regularly draw up, publish and submit to the ILO copies of the annual labour inspection reports.

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Legislation. The Committee notes that the Labour Code is still in the process of being adopted. The Committee once again expresses the hope that the draft new Labour Code, the drafting of which has been ongoing since 2013, will be adopted soon and that, like the current Labour Code, it will give effect to the Convention.
Article 2 of the Convention. Collective agreements. Cooperation with employers’ and workers’ organizations. In its previous comments, the Committee emphasized that section 42 of the general collective agreement is more restrictive than the Labour Code, which provides for equal remuneration for work of equal value for men and women. The Government merely indicates that the regulations currently in use are outdated and that, once the new Labour Code has been adopted, implementing regulations will follow. The Committee emphasizes that the issue is not with the legislation, which is in conformity with the principle of the Convention, but with the general collective agreement, which provides that pay for women and men workers shall be equal “under equal conditions of work, length of service and professional qualifications”. The Committee requests the Government to take the necessary steps, in the context of the Higher Committee for Labour and Social Security and the National Council for Social Dialogue or Other Consultations, to raise the awareness of the social partners regarding the principle of equal remuneration for men and women for work of equal value in order to encourage them to include a clause to this effect in the general collective agreement when the latter is renegotiated. In view of the lack of information on this point, the Committee once again requests the Government to indicate whether, in accordance with section 379 of the Labour Code, there are any plans to revise the general collective agreement on wages and occupational classifications, and once again requests it to send a copy of the appendices to this agreement establishing occupational classifications for each sector of activity.
Enforcement. Labour inspection. The Committee notes that the Government provides only general information on the employer’s register which features in inspections. Recalling the important role of labour inspectors in ensuring the application of the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to take the necessary steps to be able to identify discrimination and inequalities relating to pay for men and women workers and to offer advice on the most effective ways to put an end to such practices. The Committee requests the Government to provide information on any labour inspection activities carried out specifically in this sphere.
Statistics. The Committee notes that the Government’s report does not contain any information on this point. The Committee requests the Government to take the necessary steps to collect information on the employment of men and women, disaggregated by sex, economic sector and occupation, including in the public sector, and on their respective earnings, and requests the Government to provide all available data.

C102 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s first report.
Articles 27(d), 33(b), 41(d), 55(d) and 61(d) of the Convention, in conjunction with Article 3(1). Persons protected. In its report, the Government indicates that the Ministry of the Public Service, Labour and Social Dialogue (MFPTDS) had a total of 71 169 employees in 2016, including public employees and contractual workers. The Government also indicates that the active population covered by the social security scheme is essentially composed of workers in the formal economy, which accounts for under 5 per cent of the total population of Chad. The Committee notes that, in accordance with Article 3(1) of the Convention, the Government has availed itself of the temporary exceptions provided for in Articles 27(d), 33(b), 41(d), 55(d) and 61(d) of the Convention, under the terms of which the classes of employees protected shall constitute not less than 50 per cent of all employees in industrial workplaces employing 20 persons or more. The Committee requests the Government to provide information on the total number of employees in industrial workplaces employing 20 persons or more, with the necessary calculations on the number of persons protected, for the purposes of demonstrating the application of Articles 27(d), 33(b), 41(d), 55(d) and 61(d) of the Convention. Recalling that the objective of Convention is to ensure the provision of the benefits that it envisages for the greatest number of workers for each of the contingencies accepted, the Committee requests the Government to provide information on the measures envisaged to extend the protection of social security benefits to workers in the informal economy.
Articles 30, 58 and 64. First day of the provision of benefits. The Committee observes that, under the terms of sections 17 to 19 of Decree No. 99/P/CSM of 26 April 1978 on the organization of the pensions insurance scheme, old-age, invalidity and survivors’ pensions become effective on the first day of the calendar month following the date on which the conditions for entitlement to the provision of old-age and invalidity pensions have been fulfilled or of the death of the insured person. The Committee recalls that, in accordance with Articles 30, 58 and 64 of the Convention, old-age, invalidity and survivors’ benefit shall be granted throughout the contingency and that the Convention does not envisage any waiting period in this regard. The Committee therefore emphasizes that old-age, invalidity and survivors’ benefit should be due from the first day of the contingency, that is the day on which retirement age is reached, the day on which invalidity occurs or the day of the death of the family breadwinner, respectively, even if the actual payment of the benefit is made later. The Committee requests the Government to take the necessary measures to ensure that the payment of old-age, invalidity and survivors’ benefit begins on the day on which the respective contingency commences.
Part VI (Employment injury benefit), Article 34(3), in conjunction with Article 3. Medical care. The Government indicates that the National Social Welfare Fund (CNPS) ensures the payment of care received by administrative employees and contractual workers and the reimbursement of health-care expenditure. It adds that private health insurance companies exist and supplement the coverage of private sector employees. The Committee requests the Government to confirm that the medical care envisaged in Article 34(3) of the Convention is provided free of charge in the event of employment injury.
Article 35. Vocational rehabilitation. The Committee requests the Government to provide information on the measures adopted to ensure the vocational rehabilitation of persons with reduced capacity in the event of employment injury, as envisaged by Article 35 of the Convention.
Article 36(3)(b). Payment of a lump sum. The Committee observes that, according to the information contained in the database of the International Social Security Association (ISSA), “Social Security Programs Throughout the World, 2019”, insured persons can opt to receive up to 25 per cent of the annuity for permanent incapacity in the form of a lump sum. The Committee recalls that, in accordance with Article 36(3)(b) of the Convention, periodical payments may be commuted for a lump sum only where the competent authority is satisfied that the lump sum will be properly utilized. The Committee requests the Government to provide information on the existence of any measure enabling the competent authorities to ensure that the beneficiaries will use the lump sum paid to them properly in cases where they opt to receive their periodical invalidity annuity in this form.
Part VII (Family benefit), Article 43. Qualifying period. The Committee observes that, according to the ISSA database referred to above, family allowances are provided if the insured parents have completed a qualifying period consisting, at a minimum, of six consecutive months of employment. Recalling that, in accordance with Article 43 of the Convention, family benefits shall be secured at least to a person protected who has completed a qualifying period of three months of contribution or employment, the Committee requests the Government to provide information on the provisions of the national legislation that give effect to this Article.
Article 44. Total value of family benefit. The Committee requests the Government to provide statistical data on the total value of family benefit, in accordance with the indications provided in the report form for the Convention.
Part IX (Invalidity benefit), Article 56, in conjunction with Article 65. Calculation of invalidity benefit. Reference wage and supplementary invalidity benefit. The Committee observes that, under the terms of section 15 of the Decree No. 99/P/CSM of 26 April 1978 on the organization of the pension insurance scheme, the amount of the invalidity pension may in no event be lower than 60 per cent of the guaranteed minimum wage. The Committee requests the Government to provide information on the wage of the standard beneficiary within the meaning of the Convention, that is a skilled manual male employee determined in accordance with Article 65(6) of the Convention. Furthermore, section 12 of the above-mentioned Decree provides for a supplement to the invalidity pension provided to a beneficiary who needs the constant assistance and care of another person to undertake the activities of daily life. The supplement is equivalent to 50 per cent of the invalidity pension. The Committee requests the Government to indicate whether this supplement is paid to all beneficiaries of an invalidity pension and, if not, to specify the qualifying criteria for the supplement.
Articles 56 and 57, in conjunction with Article 65. Replacement rate of invalidity benefit. The Committee observes that, under the terms of section 15 of Decree No. 99/P/CSM of 26 April 1978 on the organization of the pension insurance scheme, the monthly amount of the invalidity pension is equivalent to 30 per cent of previous monthly average remuneration and that this percentage is increased by 1.2 per cent for each additional 12-month period of insurance or assimilated period after the first 180 months (15 years). The Committee observes that after 15 years of insurance, which is the period following which invalidity benefit shall be secured in accordance with Article 57(1) of the Convention, the amount of the invalidity pension would be equal to 30 per cent of the average monthly remuneration of the insured person. The Committee recalls that the amount of the invalidity benefit must be at least equal to 40 per cent of the total previous earnings of the beneficiary or her or his family breadwinner, and of the amount of any family allowances payable to a person protected with the same family responsibilities as the standard beneficiary, in accordance with Article 65 of the Convention, to which Article 56 refers. The Committee nevertheless recalls that the requirements of paragraph 1 of Article 57 shall be deemed to be satisfied where, as provided in paragraph 3 of this Article, a benefit corresponding to 30 per cent of previous earnings is secured to all persons protected who have completed a qualifying period of five years of contribution or employment. The Committee requests the Government to indicate whether the completion of a qualifying period of five years secures entitlement to an invalidity pension for any person insured and, if so, to indicate the amount or the replacement rate of the pension that is payable once this period has been completed.
Part X (Survivors’ benefit), Article 62, in conjunction with Articles 63 and 65. Level of benefit. The Committee observes that, under the terms of section 16 of Decree No. 99/P/CSM of 26 April 1978 on the organization of the pension insurance scheme, survivors’ pensions are calculated as a percentage of the old-age or invalidity pension to which the insured person was or would have been entitled on the date of her or his death. Section 16 of the above-mentioned Decree provides that these percentages shall be set at 50 per cent for the widow and 25 per cent for each person who has lost a father or mother. The Committee observes that the survivors’ pension provided to a standard beneficiary who is a widow with two children, in accordance with Article 65 of the Convention, shall be equal to 100 per cent of the old-age or invalidity benefit to which the insured person was or would have been entitled on the date of her or his death. The Committee observes that, after 15 years of insurance, which is the qualifying period following which survivors’ benefits shall be secured in accordance with Article 65(1) of the Convention, the old-age or invalidity pension of the insured person and, as a consequence, the survivors’ pension, would be equivalent to 30 per cent of the average monthly earnings, in accordance with section 15 of the above-mentioned Decree. The Committee recalls that, in accordance with Article 65 of the Convention, the amount of the survivors’ benefit that shall be secured for a widow and two children shall be at least equal to 40 per cent of the previous earnings of the family breadwinner, calculated in accordance with Article 65 of the Convention. The Committee further observes that, under the terms of section 15 of the Decree, the old-age or invalidity pension may not in any event be below 60 per cent of the guaranteed minimum wage. The Committee requests the Government to provide information on the wage of a skilled manual male employee, calculated in accordance with Article 65(6) of the Convention.
Article 63(2). Reduced survivors’ benefit. The Committee observes that, under the terms of section 13 of Decree No. 99/P/CSM of 26 April 1978 on the organization of the pension insurance scheme, in the event of the death of an insured person who, at the date of death, fulfilled the qualifying conditions to benefit from an old-age or invalidity pension or who had completed at least 180 months of insurance (15 years), her or his survivors shall be entitled to a periodical payment as a survivors’ pension. In the event that the insured person had completed fewer than 180 months of insurance (15 years), the survivors shall be entitled to a survivors’ benefit payable in a lump sum. The Committee recalls that, in accordance with Article 63(2) of the Convention, a reduced periodical survivors’ benefit shall be secured at least to a person protected whose breadwinner has completed, in accordance with prescribed rules, a qualifying period of five years of contribution or employment. The Committee requests the Governments to ensure the provision of a reduced periodical survivors’ benefit where the breadwinner has completed five years of insurance.
Part XI (Standards to be complied with by periodical payments), Article 65(10). Review of benefits. The Committee requests the Government to provide information on any fluctuations in the cost of living and the general level of earnings and on the level of old-age, invalidity and survivors’ benefit, as well as employment injury benefit, in accordance with the indications contained in Title VI of the report form.

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(1)(a) of the Convention Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication that the bill on the Labour Code takes sexual harassment into consideration, as has the Penal Code in its section 341. The Committee therefore again requests the Government: (i) to take the necessary measures to include in the draft Labour Code that is currently being formulated provisions defining, prohibiting and penalizing sexual harassment in both its forms (quid pro quo and hostile work environment harassment), committed by work colleagues or the employer, but also by clients or suppliers, and to provide information on any progress in this respect; and (ii) to take specific measures, in collaboration with workers and employers’ organizations, to prevent harassment in employment and occupation.
Article 1(1)(b). Additional grounds of discrimination. Noting that the Government’s report does not respond to its previous comment on this matter, the Committee again requests the Government to provide information on: (i) any measures taken or envisaged to ensure the effective implementation of the provisions of Act No. 019/PR/2007 of 15 November 2007 to combat HIV/AIDS/STIs and to protect the rights of persons living with HIV and AIDS in relation to the right to work (sections 32–41); (ii) the measures taken or envisaged to give effect to section 15 of Act No. 007/PR/2007 on the protection of persons with disabilities and to indicate whether enterprises have availed themselves of section 16 of the Act, with an indication of any interpretation given to the terms “a reasonable proportion of persons with disabilities”. The Government is also requested to provide copies of any judicial decision on the interpretation of sections 15 and 16 of the Act No. 007/PR/2007.
General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.
The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.
Statistics. The Committee once again requests the Government to indicate the measures taken: (i) for the compilation of employment statistics of men and women in all sectors (indicating, for example, measures taken to ensure that labour inspectors have adequate means to compile employment statistics), including the public sector; and (ii) to provide the statistical data obtained, disaggregated by sex and by sector, as well as any statistics available on employment in the informal economy, so that the Committee can assess the effect given to the Convention in practice.

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes with concern that the Labour Code has been awaiting adoption for many years. The Committee can only hope that the Government will soon be in a position to report on the adoption of the new Labour Code and requests it to ensure that it contains provisions explicitly prohibiting any direct or indirect discrimination based, as a minimum, on all the grounds enumerated in Article 1(1)(a) of the Convention, including race, colour, national extraction and social origin, at all stages of employment and occupation. The Committee requests the Government to provide a copy of the Labour Code as soon as it has been adopted, and of any implementing texts with respect to non-discrimination and equality in employment and occupation.
Discrimination based on sex and equality of treatment between men and women. The Committee recalls that, in a previous comment, the Government acknowledged that section 9 of Ordinance No. 006/PR/84 of 1984, which gives the husband the right to object to his spouse’s activities, is completely outdated and that it would take measures to repeal this provision, which no longer corresponds to the current situation. The Government also specified that occupational segregation between men and women is due, inter alia, to the high levels of illiteracy and social factors. The Committee previously requested the Government to take the necessary measures in this regard. However, it notes that the Government has confined itself to referring once again to articles 13, 14, 33, 38, 39 and 42 of the Constitution and section 369 of the Penal Code. The Committee therefore urges the Government to take the necessary measures to formally repeal section 9 of the Ordinance of 1984 and to combat actively stereotypes and prejudices concerning the vocational capacities and aspirations of men and women. The Committee also requests the Government to take measures to raise awareness among parents and the population as a whole about the importance of girls and boys attending and remaining in school, and to promote the access of girls and women to a broader range of training courses and occupations, particularly those that are traditionally occupied by men. The Committee requests the Government to provide information on any measures taken in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

C144 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 2 and 5 of the Convention. Effective tripartite consultations. Technical assistance. The Committee has been inviting the Government since 2014 to provide information on the progress made following the assistance provided by the ILO in 2013 on matters related to tripartite consultations and social dialogue. However, the Committee notes once again that the Government has not provided the requested information on the activities and progress achieved in ensuring the holding of the effective tripartite consultations required by the Convention. The Committee also recalls that, under the terms of Article 5(2), of the Convention, tripartite consultations have to be held at appropriate intervals fixed by agreement, but at least once a year (see the General Survey on tripartite consultation, 2000, paragraphs 119 and 120). The Committee therefore once again requests the Government to provide information on the measures taken and the progress achieved with regard to matters relating to tripartite consultations and social dialogue. In particular, the Committee requests the Government to provide precise and detailed information on the frequency, content and outcome of the tripartite consultations held by the Higher Committee for Labour and Social Security on all the matters relating to international labour standards covered by Article 5(1) of the Convention, and particularly in relation to questionnaires on the items on the agenda of the Conference (Article 5(1)(a)), the submission of the instruments adopted by the Conference to the Parliament (Article 5(1)(b)), the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)) and the reports to be made on the application of ratified Conventions (Article 5(1)(d)).
Article 4(2). Training. The Committee notes the information provided by the Government according to which the economic crisis experienced by the country has slowed down most activities, including those relating to the training of participants in consultation procedures. The Committee once again requests the Government to describe the arrangements made for the financing of any necessary training of participants in the consultation procedures.
In the context of the global COVID-19 pandemic, the Committee recalls the guidance provided by international labour standards. It encourages the Government to engage more broadly in tripartite consultation and social dialogue, which offer a solid basis for the preparation and implementation of effective responses to the deep-rooted socio-economic repercussions of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Adopted by the CEACR in 2019

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 8 and 10 of the Convention. Deductions, assignments and attachments of wages. The Committee notes that sections 273–78 of the Labour Code establish a list of permitted deductions to wages. Under section 277, the authorized deductions for each payment cannot exceed the rates fixed by decree. The Committee requests the Government to provide information on the regulations in force establishing, under section 277 of the Labour Code, the limits applicable to the deductions, assignments and attachments of wages authorized by the Labour Code.
Article 12 of the Convention. Regular payment of wages. Public sector. In its previous comments, the Committee encouraged the Government to pursue its efforts to eliminate the late payment of wages, particularly in the public sector. The Committee notes that the Government refers once again in its report to the difficulties arising from the failure to make timely payments of bonuses and other labour benefits owed to teachers and hospital workers. The Committee requests the Government to take the necessary measures to ensure that the affected workers receive all the elements of their remuneration on time and in full and to provide information on the results achieved in that regard.

C098 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 4. Promotion of collective bargaining. The Committee notes the information provided by the Government. However, it requests the Government to ensure that precise information is provided on the measures taken to promote collective bargaining and on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

C151 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. Scope of application. Noting in its previous comments that section 3 of the General Public Service Regulations excludes from their scope of application local government officials, employees in public establishments and auxiliary personnel employed by the administration, the Committee requested the Government to indicate the legal texts in force which recognize for all these different categories of public employees the rights and guarantees envisaged by the Convention. The Committee notes the Government’s indication that the situation of contractual employees is governed by the collective agreement of 7 December 2012. The Committee requests the Government to provide with its next report a copy of the collective agreement in question.
Articles 4–8 of the Convention. In its previous comments, the Committee urged the Government to take measures to ensure that: (i) the legislation includes express provisions ensuring adequate protection for public employees against discrimination on the grounds of their trade union membership or activities, as well as adequate protection against acts of interference; and that (ii) through the legislation or by other means, facilities are afforded to the representatives of recognized public employees’ organizations in order to allow them to perform their functions promptly and efficiently both during working hours and at other times. Furthermore, the Committee urged the Government to provide a copy of the Decree determining the composition, operation and appointment of the members of the Public Service Advisory Committee, and to indicate any consultations or agreement concluded with trade union organizations in the public sector over recent years. Lastly, the Committee urged the Government to take measures to establish a procedure offering guarantees of independence and impartiality (such as mediation, conciliation or arbitration) with a view to settling disputes arising out of the determination of the terms and conditions of employment of public employees.
The Committee notes with regret that the Government merely indicates that the rights and guarantees envisaged by the Convention are governed by the collective agreement of 7 December 2012, without distinguishing between the situation of contractual and other public employees. The Committee expects the Government to provide, in its next report, detailed information on the aforementioned points in respect of all public employees, including those covered by the General Public Service Regulations.

C173 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.
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