CHAD: 2006 TRAFFICKING IN PERSONS REPORT (PART II)

UNCLAS NDJAMENA 000338

SIPDIS

SIPDIS

DEPARTMENT FOR AF, AF/C, INR, DRL, DS/IP/AF, DS/IP/ITA;
LONDON AND PARIS FOR AFRICAWATCHERS

E.O. 12958: N/A
TAGS: PGOV PHUM KCRM KWMN SMIG ASEC KFRD PREF CD
SUBJECT: CHAD: 2006 TRAFFICKING IN PERSONS REPORT (PART II)

REF: STATE 2730889


1. Summary: This cable represents a continuation of Embassy
N,Djamena,s responses to reftel regarding Chad,s
prosecution and protection efforts. End Summary.

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PROSECUTION EFFORTS
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2. (23. A) Trafficking cases are generally prosecuted using
charges of kidnapping, sale of children, and violations of
labor statutes. Legal code revisions prohibiting trafficking
are awaiting approval by the Council of Ministers. The new
sentences vary from six months, to 10 to 20 years in prison,
to hard labor for life, and fines from 100,000 to two million
FCFA (approximately USD 200 to 4,000). To punish child
trafficking, prosecutors also use an article in Chad,s labor
code that prohibits the employment of children less than 14
years of age. This code prescribes fines of 147,000 to
294,000 FCFA (245 to 490 USD). Repeat offenders may be fined
up to 882,000 FCFA (1470 USD) and jailed from six days to
three months. As a response to parental involvement in
prostitution of young girls, the Government increased the
penalty for prostitution of a minor by a relative or
guardian. The crime is now punishable by five to ten years
in prison and a fine of USD 200 to 2,000 (100,000 to
1,000,000 FCFA).


3. (23. B) There is no distinction between sex and labor
trafficking in the law.


4. (23. C) Rape and forcible sexual assault can result in
hard labor for life if the victim is less than 13 years old.


5. (23. D) Prostitution and related activities are illegal.
The law prohibits prostitution, pimping, and owning a
brothel. In 2004, the Penal Code was revised to establish
new punishments for the prostitution of a minor. The revised
code provides for prison terms of between two months ad two
years and a fine of between 99 and 985 USD(50,000 to 500,000
FCFA). (Note: The maximum fin is the equivalent of two
years, income for the verage Chdian. End Note.)


6. (23. E) In addtion to cases previously reported, in
2005, a sodier on duty in northern Chad found a 14-year old
child from the south who had been trfficked as a child
herder and returned the child, with the assistance of local
human rights groups, to his home in Kelo. The trafficker
fled Chad and is now believed to be operating in Senegal. In
August 2005, border officials discovered a sack containing
four children in the back of a taxi. They recovered the
children and arrested the taxidriver. He is awaiting trial.
Also in 2005, a man who kidnapped and trafficked a child from
Koumra, Chad, to Kousseri, Cameroon, was arrested for forcing
the child to beg in the streets. He is now in jail awaiting
trial. The child was returned to his parents. In 2004, a
Frenchman who recruited young Chadian girls for sexual
exploitation was arrested by Chadian security forces. We are
trying to get the details of his "escape." In October 2005,
the Government began investigating several Koranic schools
alleged to be exploiting children for their labor. In
several cases, the schools were temporarily closed by the
Government. Those that re-opened had to change their
curriculum and treatment of children. The Ministry of Social
Action and the Directorate of Religious Affairs are
monitoring some of these schools more closely.


7. (23. E) The Government,s ability to collect information
and prosecute cases in a timely manner is limited by the fact
that there are only 150 judges in Chad and they must
hand-write all court documents. As a result, cases move
through the courts very slowly. The Embassy just delivered
80 manual typewriters and copies of the legal code to the
courts in Chad. We are also awaiting G/TIP funds for a
UNICEF-run program to assist in strengthening the law
enforcement and judicial mechanisms. Another problem is the
division of labor between the police and the courts in terms
of tracking cases from start to finish. The Ministry of
Justice is working on ways in which to track cases more
efficiently. In February 2005, it began a survey of law
enforcement agencies, gendarmerie and police stations, and
border officials to determine the number of
trafficking-related arrests and investigations being carried
out. Then, these cases will be cross-checked with the
judiciary to get an accurate count of the number of cases
being handled and their disposition. In addition, Chadian
judicial proceedings include a stage of mediation in which an
agreement is reached between the defendant and plaintiff
instead of a judgment being rendered.


8. (23. F) For the most part, Chadian law enforcement
officials have not identified any one group behind
trafficking in persons. The majority of trafficking involves
parental consent in situations where the child is given to an
intermediary or relative in exchange for education,
apprenticeships, cattle, or a small sum. However, a 2004
government report indicates that child prostitution tends to
be more organized than other forms of trafficking in Chad.
In 24 cases of commercial sexual exploitation of children in
2004, the Ministry found that in 20 percent of the cases, an
organized criminal element was identified that included
religious authorities and, in a few cases, administrative
authorities. There are intermediaries involved in arranging
child herding contracts. Herders benefit from inexpensive
labor. Poor families benefit by receiving livestock in
exchange for the labor of their children. The intermediary
finds the children for the herders and receives a small sum
of money.


9. (23. G) The Government investigates trafficking cases.
Many of these cases are brought to the police by the public.
Government investigative techniques are unsophisticated,
consisting mostly of interrogations. The Government lacks
the resources, equipment, and training to employ more
sophisticated techniques. Government security operatives are
permitted to use covert operations in investigations.


10. (23. H) The Ministries of Justice and Public Security
provided training to key police, gendarmerie, military, and
border officials in N,Djamena on how to recognize,
investigate, and prosecute trafficking. These officials
requested additional training on victim protection and the
Ministries are planning to provide the same training in other
major cities in Chad. The Ministries are also considering
incorporating the highly successful training program into the
academies for the police and gendarmerie.


11. (23. I) Chad has signed cooperation agreements with
Cameroon, Nigeria, Central African Republic, and Sudan
concerning trafficking and other cross-border issues. In May
2005, Cameroonian and Chadian border officials worked
together on a trafficking case in which a young Chadian boy
was transported to Kousseri, Cameroon, to and put into a
forced begging situation. The Cameroonians turned the
trafficker over to Chadian authorities and he is awaiting
trial in jail in N,Djamena. The Ministry of Justice is also
working with Saudi Arabian officials on cases of Chadian
children found begging in the streets there.


12. (23. J) Chad,s trafficking problem is primarily
internal. In the Cameroonian case mentioned above,
extradition agreements with its neighbors were invoked. Chad
has extradition reciprocity with 10 other West and Central
African countries. Chad will accept to consider extradition
requests put forward by other countries.


13. (23. K) There are reports that some local authorities,
who own herds, use intermediaries to recruit child herders in
Mandoul. Officials in destination areas have raised the
issue with the Ministry of Justice. The Government
frequently changes local officials, which has made it
difficult for the Ministry to complete investigations on them.


14. (23. L) In 2004, a prefet in Koumra was involved with
providing administrative documents and a certificate of
adoption for trafficking intermediaries. He was removed from
his position.


15. (23. M) Chad is not a major tourist destination. Sex
tourism is not a problem in Chad.


16. (23. N) The Government of Chad has ratified the
following international accords: ILO Convention 29 (November
10, 1969),ILO Convention 105 (June 8, 1961),and ILO 182
(November 6, 2000). The Government has signed the Protocol
to the Convention on the Rights of the Child on the Sale of
Children, Child Prostitution, and Child Pornography (May 8,
2000). The Government has not signed the Protocol to
Prevent, Suppress and Punish Trafficking in Persons,
Specifically Women and Children.

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PROTECTION
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17. (24. A) The Government lacks shelters and functioning
health care facilities for victims of any crime. In general,
when children are recovered, they are taken to the local
authorities, who arrange shelter or a foster situation with
local religious institutions or human rights groups. In many
instances, the regional Governor or Prefet becomes involved
in arranging shelter. Chad has at least one shelter
facility, in Koundoul, outside N,Djamena.


18. (24. B) Through its joint agreement with UNICEF, the
Government provides some funding, but primarily social
services access for victims and in-kind contributions.


19. (24. C) Currently, the police or other local
authorities notify the Ministry of Justice,s Child
Protection Department, UNICEF, and local NGOs when there is a
case of child trafficking or child abuse. In most cases, the
local police or gendarmerie are the first point-of-contact.


20. (24. D) The Government does not arrest or detain
victims. According to the Ministry of Justice, child victims
are not prosecuted for violations of other statutes.


21. (24. E) The Government encourages victims to assist in
investigation and prosecution of traffickers. Victims can
file civil suits to seek damages from traffickers but this is
rarely done because victims cannot afford a lawyer. In cases
involving child herders, local officials often negotiate a
settlement between the herder for damages or fulfillment of
the contract terms on behalf of the family.


22. (24. F) Chad,s judiciary is weak and the Government is
unable to provide protection for witnesses of any crime.


23. (24. G/H) Chad,s trafficking problem is primarily
internal, making training of embassy personnel irrelevant.
If victims are found and repatriated from a foreign country,
the Government of Chad is responsible for making the
necessary arrangements for any medical assistance or shelter
needed. In the case of the Chadian child repatriated from
Cameroon, the Ministries of Justice and Social Action
provided temporary shelter and located and counseled the
child,s parents.


24. (24. I) Cooperation between the Government and
international and non-governmental organizations is
excellent. The Government and its partners share information
and divide responsibilities when victims are discovered. The
Government,s primary international partner is UNICEF.
Non-governmental organizations and human rights groups help
identify cases, raise public awareness, and assist victims.
These include: the Chadian League of Human Rights (LTDH),
Association for Justice and Peace (AJP),Catholic Relief
Services (CRS),Fight Against Trafficking of Children (LCTE),
African Evangelical Youth (JEA),Union of Young Christians
(UJC),Diocesan Commissions on Justice and Peace (CDJP),
Youth Association Against Divisions (AJAC),Association for
Assistance to Street Children of Moyen Chari (AAERMC),
Baptist Churches and Youth of Chad (JEBT),Christian
Assemblies Youth of Chad (JEACT),Union of Women,s Groups
(UGF),Islamic Committee (IC),Liaison and Information Unit
of Women,s Organizations (CELIAF),Association of Women
Jurists in Chad (AFJT),Association for Community Initiatives
in Africa (APICA),Research and Liaison Department for

Catholic Action for Development (BELACD),Local Catholic
Radio (Radio Lotiko),Village Associations (AV),Chadian
Association for Mediation of Conflicts Between Farmers and
Herders (AMECET),Association for the Promotion of
Documentary Information (APIDO),Association for Traditional
Chiefs in Chad (ACTT),and Youth Scout Movement (KEMKOUGUI).
WALL