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P.O. Box 2100, Route de Ferney 150,CH-1211 Geneva 2, Switzerland Tel +41/22-791 61 11Fax +41/22-791 66 30, E-mail info@lutheranworld.org
CHILD RIGHTS IN THE REPUBLIC OFCHAD
Examination by the UN Committee on the Rights of the Child of theSecond Periodic Report of the State Party (Chad) at its 50
th
session (12 -30 January 2009, Geneva)
 
On 14 January 2008, the UN Committee on the Rights of the Child considered the secondperiodic report of the Republic of Chad on the implementation of the Convention on theRights of the Child.
SUMMARY OF THE COMMITTEE’S CONCLUDING OBSERVATIONS
Cooperation with civil society
The Committee is
concerned 
about reports that some human rights advocates have experiencedintimidation, threats and violence at the hands of government agencies.
The Committee
 recommends
that the State party publicly support human rights advocacyand create a safe environment for those advocating for human rights. Involvement of Civilsociety should be encouraged, e.g. through participation in the follow-up to the concludingobservations of the Committee.
 
Definition of the Child, Marriage Age
The Committee is
concerned 
about the conflict between customary law and the Convention’sdefinition of the child, particularly with regard to the minimum age for marriage.
The Committee
urges
the State party to ensure the swift adoption of the draft Code on thePerson and the Family, which should provide an equal minimum age of 18 for marriage forboth boys and girls.Non-discriminationThe Committee
urges
the State party to eradicate all discriminatory laws from its legislationin particular regarding education and succession and inheritance rights.
 
 
Torture, Degrading Treatment and Corporal punishment
The Committee
welcomes
the awareness-raising campaigns and lobbying activities carried out bycivil society, including youth associations (“conseils des élèves”) to combat violence againstchildren.The Committee is
concerned 
by the lack of an explicit definition of “torture” in the Penal Codeand that corporal punishment remains lawful in the home and schools, particularly Koranicschools. According to reports, children in Koranic schools are often chained up because they areconsidered difficult or rebellious and some children are forced to go out begging on behalf of theirMouhadjir, and are beaten if they do not bring back certain amounts of money.
The Committee
 recommends
that the State party take all necessary measures, includingreviewing legislation, to prevent, prohibit and protect children from all forms of torture orother cruel, inhuman and degrading treatment or punishment in the home and all othersettings. In this regard, particular attention should be paid to the situation of Mouhadjirinchildren.The Committee also
 recommends
that the State party explicitly prohibit by law corporalpunishment in all settings, including in the family, in all forms of schools, alternativechildcare and places of detention for juveniles, and implement those laws effectively.
 
Health and access to health services
The Committee
notes with great concern
the lack of access to basic health and social services:-
 
The disproportionate health worker-patient ratio;-
 
The high number of underweight/malnourished children;-
 
The continuing high rates of child and maternal mortality and the inexistence of thepractice of exclusive breastfeeding of children under six months of age;-
 
The low number of trained health personnel;-
 
The decrease in vaccination coverage since 2006.The Committee
shares the State party’s opinion
that much remains to be done to combat theharmful effects of drug and alcohol on Chadian youths. The Committee also
notes with concern
 the high levels of early pregnancy and the high number of unsafe abortions.
The Committee
 recommends
that the State party:I.
 
Take the necessary steps to ensure that health care is both accessible andaffordable;II.
 
Continue to conduct training for health workers;III.
 
Address the problems of infant and maternal mortality and malnutrition,particularly in rural areas, including through awareness-raising campaigns toencourage exclusive breastfeeding of children under the age of six months;IV.
 
Take the necessary steps to reverse the downward trend of vaccinationcoverage;V.
 
Elaborate clear policies, including legislation and education, with regard toearly pregnancies as well as drug and alcohol abuse.Harmful Traditional Practices
 
The Committee is
deeply concerned 
that femal genital mutilation (FGM) remains very prevalent(45% in total) in the society with majority of girls being excised between the age of 5 and 14. TheCommittee also regrets that despite legislation forbidding FGM there are no sanctions forperpetrators of this crime.
The Committee
urges
the State party to:I.
 
Implement and apply legislative to prohibit traditional practices (including FGM andearly and forced marriage) and provide for appropriate sanctions so that perpetratorsof such acts are brought to justice;II.
 
Use a rights-based approach, awareness-raising and sensitization activities forpractitioners, families, traditional or religious leaders and the general public in orderto encourage change in negative traditional attitudes;III.
 
Take measures to assist practitioners of female genital mutilation with adequatetraining and support to find alternative sources of income.HIV/AIDS
The Committee notes with concern that 18,000 children below 14 years old are infected withHIV/AIDS and an estimated 96,000 children are AIDS orphans, most of whom receive inadequatecare and protection and at high risk to become street children.
The Committee urges the State partyt o take measures to reduce HIV/AIDS infection,particularly with regard to the young people, through, inter alia:I.
 
programmes and policies to strengthen the capacity of families and thecommunity to care for such children;II.
 
programmes for the prevention of mother to child transmission (PMTCT);III.
 
activities aimed at reducing stigma and discrimination related toHIV/AIDS and providing awareness-raising on human rights within thecontext of HIV/AIDS; andIV.
 
Continuing to disseminate information and materials to the public,including to adolescents, refugee and internally displaced populations, onprevention and protection methods, including safe sex practices.Children affected by armed conflict
The Committee
expresses grave concerns
about the persistence of widespread violations andabuses committed against children, the continuation of recruitment and use of children by allparties to the conflict, in particular the Sudanese rebel movement (JEM) and certain localcommanders of the Chadian armed forces. It
notes with regret 
that only a small number of children have been demobilized since 2007.
The Committee
urges
the State party to:I.
 
Set the minimum age of 18 for recruitment into military forces;II.
 
Release underage fighters from its military;III.
 
Facilitate contact between armed groups operating in Chad and the UnitedNations in order to demobilize and prevent recruitment of children,particularly the practice of recruitment of children in refugee camps.
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