Chad: 2007 Trafficking in Persons Report Part 2

UNCLAS SECTION 01 OF 04 NDJAMENA 000089

SIPDIS

SIPDIS

LONDON AND PARIS FOR AFRICA WATCHERS

E.O. 12958: N/A
TAGS: ASEC ELAB PGOV PHUM PREF SMIG KCRM KFRD KWMN CD
SUBJECT: Chad: 2007 Trafficking in Persons Report Part 2

REF: A) 06 State 202745, B) Ndjamena 0002



26. Of the report's recommendations, only the introduction of
universal access to free primary education was introduced for the
2006/07 school year. Other recommendations concerning the
enforcement of government regulations prohibiting children from
working, a multi-ministerial anti-child labor campaign in the
countryside, and protection measures to include centers for
exploited children remain to be implemented. Officials in the
ministries of justice, education and social affairs and in the
Office of Labor Inspection have voiced concern at the lack of
resources provided during 2006 to pursue their respective mandates.



27. Chad has no active program to monitor immigration and
emigration patterns for evidence of trafficking or to screen for
potential trafficking victims along its borders. As described in
the Embassys submission for 2005, controlling Chad's expansive
land borders is not possible, but there is no evidence suggesting
major trafficking networks operating in or through Chad. While not
systematic, the ministries of justice, public security and social
action have organized training in victim identification and
assistance to immigration, customs and police officials. The
Embassy hosted a training session in 2005 on trafficking in persons
for local judicial and law enforcement officers. In cases where
children are recovered as the result of trafficking or other abuse,
police and border officials are supposed to notify the Ministry of
Justice and Social Action and human rights groups or religious
institutions for victim assistance.



28. The Director for Children's Issues at the Ministry of Social
Action is responsible for overall monitoring of the issues.
According to the Directorate for Children within the Ministry of
Justice, the Government intends to establish and budget for an
interministerial committee on by the end of 2007 that would have
among its responsibilities anti-trafficking coordination. Regional
coordinating committees are also to be established in the countrys
six prefectures by March 2007.



29. There is no formal, comprehensive annual anti-trafficking
assessment that is issued to international and regional
organizations. However, with UNICEF's assistance, the Government
issued a report for 2006 on implementation of the provisions of the
UN Convention on Children's Rights that included a section on
anti-trafficking.



30. The Government of Chad has yet to issue a national plan of
action to address trafficking in persons. The government is
working with UNICEF on a study on the worst forms of child labor
that is scheduled for completion in May 2007. The ministries of
justice, public security, labor, education, and social action and
family all support anti-trafficking programs that were derived from
surveys prepared jointly with UNICEF and other relevant
non-governmental organizations.



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Investigation and Prosecution of Traffickers


--------------------------





31. The following paragraphs are keyed to paragraphs 29
A through O of ref A.



32. No new anti-trafficking legislation was introduced in 2006. A
draft decree that defines acceptable and unacceptable forms of
child labor for application to the penal code has been completed
and awaits approval of the Council of Ministers and the presidency.
A Ministry of Justice official familiar with the draft decree told
an Embassy officer that delays in action by the Council of
Ministers on the decree were due to pressure from political
interests opposed to application of decree provisions to stem child
herding. Amendments to the penal code that prescribe imprisonment
of up to twenty years of hard labor and fines of up to
CFA 2 million (USD 4,000) have been drafted, but have yet to be
submitted for approval. Trafficking cases are generally prosecuted
under the existing penal code using charges of kidnapping, sale of
children, and violations of labor statutes. To punish child
trafficking, prosecutors also use an article in Chads 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
(1,470 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).

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33. In July 2006, the Government signed the Multilateral Accord on
Regional Cooperation (MARC) to Combat Trafficking at Abuja. The
accord places particular emphasis on the trafficking of women and
children. Action has yet to be taken for the incorporation of the
provisions of the accord into national law. Preparation of a
comprehensive child protection code is to begin this year with
the objective of completing the executive and legislative approval
process by 2010. Among UNICEFs priorities in 2007 is to work with
the Government of Chad on becoming a party to the UN Convention on
Transnational Organized Crime, which includes a comprehensive
section on the anti-trafficking responsibilities of states party to
the convention.




34. Chad does not have a law specifically prohibiting trafficking
in persons. There is no distinction between sex and labor
trafficking in Chadian law.



35. The prescribed penalties under Chadian law for rape and
forcible sexual assault include hard labor for life if the victim
is less than 13 years old.



36. 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 and two years and a fine of between
99 and 985 USD (50,000 to 500,000 FCFA).
(Note: The maximum fine is the equivalent of two years, income for
the average Chadian. End Note.)



37. Of the trafficking cases reported in the 2005 report as
pending, none of the accused traffickers were prosecuted.
The accused fled pending prosecution, escaped from detention or
were released. Human Rights without Frontiers (DHSF) reported
several cases of child trafficking and sexual abuse in 2006, which
it said were pursued under the kidnapping provisions of the penal
code. DHSF alleges that absent its strong and persistent legal
advocacy, the Chadian judicial system would not have adjudicated
these cases. Following a 16-year-old girls call to an interactive
radio program on trafficking to report that she was being held
(chained) against her will by a man, police rescued the child.
According to DHSF, the man was not charged and prosecuted.



38. Justice in Chad is usually administered outside of the formal
legal system by traditional authorities at the community level.
In the formal sector, the Governments 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
h
the courts very slowly. Government investigative techniques are
unsophisticated, consisting mostly of interrogations. The
Government lacks the resources, equipment, and training to employ
more sophisticated techniques. Government security agents are
permitted to use covert operations in investigations. Labor
inspectors and other enforcement officials report that they are not
provided with the means, such as funds for transportation, needed
to identify and investigate trafficking cases.



39. 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. While
child prostitution is apparent in NDjamena, there is no evidence
of third-party involvement. The Embassy security office
investigated reports of an NDjamena brothel having child
d
prostitutes in January, 2007. The investigation revealed that none
of the prostitutes were under age 17. However, 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.



40. In 2005, the ministries of justice and public security
provided training to key police, gendarmerie, military, and border
officials in Ndjamena on how to recognize, investigate, and
prosecute trafficking. These officials requested additional
training on victim protection and the ministries had plans to
provide the same training in other major cities in Chad. There was
no follow-up action taken in 2006 to carry out these plans.

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4. Chad has signed cooperation agreements with Cameoon, Nigeria,
the Central African Republic, and udan concerning trafficking and
other coss-border issues. In May 2006, Central African Republic
(CAR) and Chadian border officials worked together on the return of
a CAR child kidnapped by a Chadian woman. For the most part,
Chadian officials do not take the initiative to investigate reports
of missing children alleged to have been taken to neighboring
countries.



42. Chad has extradition reciprocity with ten other West and
Central African countries. Chad has agreed to accept extradition
requests put forward by other countries.



43. As cattle raising becomes an increasingly popular investment
area for the well-to-do, local NGOs report that some local
authorities, who own cattle 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. There were no
reports in 2006 of officials being removed for involvement in
trafficking-related activities.



44. 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 and Assistance to Victims


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45. The following paragraphs are keyed to questions raised in
paragraph 30 A through I of ref A.



46. The Government lacks shelters and functioning health care
facilities for victims of any crime. Generally, when trafficked
children are identified and recovered by the authorities, local
religious institutions or human rights organizations, there are no
shelters or rehabilitation facilities where they can be placed.
According to UNICEF, this constitutes a fundamental programmatic
weakness in its joint efforts with the government.



47. Currently, the police or other local authorities are to notify
the Ministry of Justices 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 points of contact.



48. The Government does not arrest or detain victims. According to
the Ministry of Justice, child victims are not prosecuted for
violations of other statutes.



49. 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 and/or NGO advocates have negotiated settlements
between the herder for damages or fulfillment of the contract terms
on behalf of the family. There is no official victim restitution
program.



50. Chads judiciary is weak and the Government is unable to
provide protection for witnesses of any crime. The Government
does not provide shelter, financial support and/or restitution and
rehabilitation to trafficking victims.



51. Chads trafficking problem is primarily internal. If victims
are found and repatriated from a foreign country, the Government of
Chad is in theory responsible for making the necessary arrangements
for any medical assistance or shelter needed.



52. The Government, local communities and international and
non-governmental organizations cooperate in combating trafficking.
The Governments primary international partner is UNICEF.
Non-governmental organizations and human rights groups help
identify cases, raise public awareness, and assist victims. These
se
include: the Chadian League of Human Rights (LTDH), Human Rights
without Frontiers (DHSF), Association for Justice and Peace (AJP),

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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 Womens Groups (UGF), Islamic Committee
(IC), Liaison and Information Unit of Womens 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), Womens Freedom Radio
(Femme Liberte), Village Associations (AV), the Notre Temps news
ws
service, 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