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

Abolition of Forced Labour Convention, 1957 (No. 105) - Chad (Ratification: 1961)

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. Further to its previous comments concerning section 57 of Decree No. 371/77/CSM/MJ of 9 November 1977 issuing the prison regulations of Chad, which specifies that labour is compulsory for all ordinary prisoners, the Committee notes the adoption on 28 July 2017 of Act No. 019/PR/2017 issuing the prison regulations. The Committee requests the Government to send without delay a copy of Act No. 019/PR/2017 issuing the prison regulations and of any other text currently in force governing prison labour. It also requests the Government to indicate whether work continues to be compulsory for persons sentenced to imprisonment.

Pending this reply, the Committee requests the Government to provide information on the application in practice of a number of provisions of the national legislation which provide for sentences of imprisonment (involving the obligation to work in prison) in circumstances which might come within the scope of Article 1(a) of the Convention. The Committee requests the Government to indicate, if applicable, the penalties imposed and the facts underlying to the convictions handed down under these provisions. The provisions in question are as follows:

• sections 31 and 32 of Ordinance No. 23/PR/2018 regulating associations (replacing Ordinance No. 27/INT/SUR of 28 July 1962), concerning the establishment and administration of unauthorized associations;
• sections 15 and 19 of Ordinance No. 009/PT/2023 relating to assemblies (replacing Ordinance No. 46 of 28 October 1962), concerning the refusal of an unarmed person to leave an assembly and incitement to unarmed assembly;
• sections 17 to 21 of Ordinance No. 010/PT/2023 on public meetings (replacing Ordinance No. 45 of 27 October 1962), concerning the holding of meetings on the public thoroughfare, unannounced meetings or meetings extended beyond their stated closure time, meetings without any appointment of officers, and prohibited meetings;
• sections 14 to 17 of Ordinance No. 011/PT/2023 relating to demonstrations on the public thoroughfare (replacing Decree No. 193/INT.-SUR of 6 November 1962), concerning the organization of, or deliberate participation in, an unannounced or prohibited demonstration, or the incomplete or inaccurate declaration of the conditions for a planned demonstration;
• sections 124 and 126 of the Penal Code of 2017 (Act No. 001/PR/2017) (replacing the Penal Code of 1967), concerning the refusal of an unarmed person to leave an assembly and incitement to unarmed assembly; sections 142 and 143, concerning contempt of public officials; sections 346 and 518, concerning insults committed by means other than the press.

Furthermore, the Committee previously noted with regret that Ordinance No. 005/PR/2008 of 26 February 2008 concerning the press regime in Chad had introduced new offences, in particular insulting the President of the Republic and insulting foreign Heads of State or Government, which may incur the penalty of imprisonment. The Committee notes the adoption of Ordinance No. 025/PR/2018 of 29 June 2018 establishing the press and electronic media regime in Chad, and notes with interest that this Ordinance no longer prescribes imprisonment as a penalty for press offences that may come within the scope of the Convention.

The Committee requests the Government to provide a copy of Ordinance No. 020/PR/2018 of 7 June 2018 issuing the charter of political parties.

Article 1(d). Imposition of penalties of imprisonment involving the obligation to work as punishment for having participated in strikes. The Committee previously asked the Government to provide information on the use of sections 131 and 157 of the Penal Code of 1967 in the context of strike action. The Committee notes that the provisions of the above-mentioned sections have been maintained in an almost identical form in the Penal Code of 2017. Under section 154 of the Penal Code of 2017 (which reproduces the provisions of section 131 of the Penal Code of 1967), public officials who have decided by deliberation to resign in order to prevent or suspend the administration of justice or the administration of a service, shall be liable to imprisonment ranging from two months to two years. Furthermore, under section 177 of the Penal Code of 2017 (which reproduces the provisions of section 157 of the Penal Code of 1967), the use of deception 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 decrease in wages, or to impede the free performance of industry or work, shall incur a penalty of imprisonment ranging from six months to three years. The Committee recalls that no term of imprisonment involving an obligation to work may be imposed as a penalty on workers for peaceful participation in strike action, and requests the Government to provide information on the manner in which sections 154 and 177 of the Penal Code of 2017 are used in practice, indicating whether they have been applied in the context of strike action and, if applicable, the penalties imposed and the facts underlying the convictions.