Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Forced Labour Convention, 1930 (No. 29) - Chad (Ratification: 1960)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Further to its previous comments, the Committee notes the text of Ordinance No. 006/PR/2018 of 30 March 2018, on action against trafficking in persons in the Republic of Chad, which prescribes a prison sentence of between 4 and 30 years, plus a fine for any person convicted of trafficking in persons where certain aggravating circumstances are involved, which are defined as including sexual and labour exploitation, exploitation for begging, and exploitation for the performance of illicit activities. The Ordinance also includes measures for the protection, compensation and assistance of trafficking victims, including the provision of safe accommodation, access to medical and psychological care, and information on legal and judicial assistance. The Ordinance further provides for the setting up of a national commission against trafficking in persons, with one of its roles being the implementation of government anti-trafficking policies. The Committee observes in this regard that, according to information on the website of the International Organization for Migration (IOM), the National Commission against Human Trafficking (CNLTP) was established in 2021 and that the Government has also set up a multisectoral technical committee against human trafficking and smuggling of migrants.

The Committee notes that the United Nations Working Group on the Universal Periodic Review, in its 2023 report, indicated that Chad had set up a national referral mechanism and standard operating procedures for dealing with trafficking victims. The Working Group also noted that more than a million refugees, asylum seekers and displaced persons were being hosted in the country. It further emphasized that mercenaries were reportedly involved in human rights violations, including trafficking in persons (A/HRC/WG.6/45/TCD/2). The Committee requests the Government to continue its action to combat trafficking in persons and requests it to send detailed information on the following points to enable an evaluation of the impact of this action:

• the activities carried out by the National Commission against Human Trafficking (CNLTP) and the multi-sectoral technical committee against human trafficking and smuggling of migrants;
• the number of victims who have been identified and have benefited from protection and assistance measures, and the measures taken to prevent trafficking among persons in situations of vulnerability, in particular refugees and displaced persons;
• the number of investigations and prosecutions carried out in human trafficking cases and the penalties imposed pursuant to the Ordinance of 30 March 2018 on action against trafficking in persons in the Republic of Chad;
• the punishments incurred by persons engaging in trafficking outside of the aggravating circumstances defined by the above-mentioned Ordinance.

Article 2(2)(a). Work in the general interest imposed in the context of compulsory military service. For many years the Committee has been drawing the Government’s attention to the need to bring into conformity with the Convention the provisions of section 32 of Act No. 012/PR/2006 of 10 March 2006 reorganizing the armed and security forces (formerly section 14 of Ordinance No. 001/PCE/CEDNACVG/91). Under these provisions, 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, going beyond the exceptions provided for by the Convention.

The Committee notes that the Government merely indicates in its report that a copy of the texts in force governing compulsory military service will be sent to the Committee, and is bound once again to note with regret the lack of information on any progress made to amend section 32 of the Act of 10 March 2006 reorganizing the armed and security forces. The Committee therefore urges the Government to take the necessary steps, in law and in practice, to limit the work carried out as part of compulsory military service to that of a purely military character, in accordance with Article 2(2)(a) of the Convention. In the meantime, the Committee 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. The Committee previously urged the Government to repeal or amend section 2 of Act No. 14 of 13 November 1959 authorizing the Government to take administrative measures for relocation, internment or expulsion, under which the administrative authorities may impose work in the public interest on persons who are the subject of a ban on residence and have completed their sentence.

The Committee notes that the Government merely refers to the provisions of article 18 of the Constitution, under which the human person is inviolable and has the right to respect for his/her life and physical and psychological integrity, security and freedom. The Committee is therefore bound once again to note with regret the absence of information on the measures taken to bring the legislation into conformity with Article 2(2)(c) of the Convention. In this regard, the Committee recalls that the provisions authorizing the imposition of work by an administrative authority on persons who have already served their sentence go beyond the exception provided for in Article 2(2)(c) of the Convention relating to work exacted as a consequence of a court conviction. The Committee trusts that the Government will take the necessary measures without delay to amend or repeal section 2 of Act No. 14 of 13 November 1959 in order to eliminate the possibility for an administrative authority to impose work in the public interest outside the scope of any conviction handed down by a judicial authority. In the meantime, the Committee requests the Government to provide information on the number of persons who have been required by an administrative authority to perform work in the public interest pursuant to the above-mentioned section 2.

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