3. State Party Reports

Chad

[Parts of State party report relating specifically to relevant legal minimum ages, and articles 37 and 40]

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II. DEFINITION OF THE CHILD

38. In Chad, as in other countries in Africa, children are traditionally considered to be one of the family's most treasured possessions. They are a source of wealth and of social and economic strength for the clan. Our traditions have always led us to protect and promote children, who are therefore under the protection of the entire community. Nowadays, however, children, who have always been so highly valued, are increasingly being left to their own devices.

39. From a legal point of view, a minor or child is a human being under the age of 18. Chadian legislation ensures various forms of protection for children, depending on their age group and the nature of the rights concerned. These various forms of protection cover the whole of childhood, from birth to the age of 18.

40. Under article 53 of the Penal Code, anyone over the age of 18 is considered an adult. With regard to the age of criminal responsibility, under article 52 of the Criminal Code, minors between the ages of 13 and 18 may be sentenced to imprisonment in cases where a criminal conviction is called for.

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E. Voluntary testimony in court

45. At the examination stage, and with the exception of the arraignment when a juvenile is simply required to give his identity, family, educational and occupational status and charged in the absence of his parents or a lawyer, the examining magistrate is required automatically to appoint defending counsel if the parents have failed to do so. Even if a juvenile is to be heard as a witness, he may testify only in the presence of his parents and does not take the oath. The same applies before trial courts.

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IV. CIVIL RIGHTS AND FREEDOMS

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H. The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (art. 37)

89. Chad is party to numerous international instruments, including the African Charter on Human and Peoples' Rights, the 1966 International Covenants, the International Convention on the Elimination of All Forms of Racial Discrimination and the 1949 Geneva Conventions, which contain specific provisions to prevent torture and ill-treatment, as well as to the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It has made no reservations to this Convention and has recognized in full the competence vested in the Committee against Torture. In Chad, the prohibition on torture is a constitutional principle (art. 18) and a number of legislative measures have been taken to give full effect to this prohibition (Penal Code, art. 247). Specific provisions punish persons guilty of using violence against juveniles and jeopardizing their health by depriving them of food or care (Penal Code, art. 254).

90. The death penalty is not applicable to minors. The courts may adopt only protective, supportive, supervisory or educational measures in respect of juveniles, as appropriate. Article 2 of the decree of 30 November 1928 further specifies that such measures apply only to minors aged under 13.

91. In the criminal sphere, articles 22-25 of the Constitution specify that all accused persons are presumed innocent until proved guilty in a proper trial offering essential guarantees for their defence. No one may be held guilty of and prosecuted for an act he has not committed. No one may be arrested or charged except by virtue of a law promulgated prior to the acts of which he is accused.

92. Police custody is subject to judicial control. It may not exceed 48 hours, but may be extended once by a further 48 hours by express authorization of the Public Prosecutor. The person held in custody may remain in contact with his relatives. Anyone prosecuted for a criminal offence has the right to be present at his trial to assure his defence or to take counsel of his choosing.

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VIII. SPECIAL PROTECTION MEASURES

182. As soon as it acquired national sovereignty, Chad granted very high priority to the rights of the child, guaranteeing them by some special measures.

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B. Children in conflict with the law

1. Administration of juvenile justice

191. The Penal Code and the Code of Penal Procedure provide guarantees for the proper administration of justice for minors, such as immunity from criminal responsibility for minors under 13 years, frequent application of rehabilitation and supervision measures for minors, and the automatic entitlement of minors to legal aid in the event of criminal proceedings.

192. As regards sentencing, minors aged between 13 and 18 years cannot be sentenced to capital punishment or to long-term hard labour or for life. Cases involving minors are heard in chambers. No photographs or reports of proceedings against minors may be published in the press or in audiovisual form. The court may dispense a minor from attending trial if that is in his or her best interest.

193. There are at present no juvenile courts in Chad. In practice, the rehabilitation and assistance of minors in conflict with the law are not being implemented because of the lack of specialized facilities and educators. Chad is nevertheless planning to set up juvenile courts. For this purpose UNICEF has funded practical training for five magistrates in West African countries to enable them to acquire the necessary experience.

194. Special quarters are provided for detained minors by decree No. 371/77/CSM/MJ of 9 November 1977 concerning the status of penal establishments.

195. In order to give effect to the Convention, Chad has set up an Urban Programme for Children in Especially Difficult Circumstances to study the problem of children in conflict with the law (children's magistrates, special quarters for minors in detention).

[Further information in report relating to the administration of juvenile justice]

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C. Problems encountered in implementation of the Convention

25. The implementation of the Convention on the Rights of the Child in Chad has taken place during a period of political, military and socio-economic crisis.

26. At the political level, soon after ratification of the Convention, the country underwent a change of government by force of arms, the consequences of which destabilized the functioning of the administrative system. Increasing tension in the country produced a situation of insecurity which affected the implementation of projects on behalf of children. The unrest has since continued.

27. The economic situation has been equally unfavourable. Chad, which had a gross national product (GNP) of US $220 per person in 1992, is classified as one of the least developed countries. In 1991, it was 150th out of 160 countries and, in 1993, 165th out of 173 according to the human development index. In 1992, about 51 per cent of the total population and 44 per cent of the rural population were living below the poverty line.

28. This situation greatly worsened as a result, inter alia, of the joint decision by the Franc Zone countries, in January 1994, to devalue the CFA franc by 50 per cent against the French franc. This has had unfortunate consequences for income levels, particularly those of the poorest groups of the population. A sharp rise in the price of essential goods has resulted in a lower standard of living for urban dwellers. The structural adjustment programme has also had a negative impact on many sectors of society.

29. In addition to staff cuts in partly State-owned companies and offices, the Civil Service has suspended all recruitment, in line with quotas established by the Finance Act, except in social sectors such as health and basic education.

30. The social situation has been characterized by trade union claims related to unpaid wages, wage irregularities and the adoption of special regulations. Strikes were called in 1992 and 1993, severely affecting certain areas such as health and education.

31. In the area of health and population, the country has been faced with a combination of increased migration to the towns due to insecurity in the interior and increased urbanization through natural growth. The acquired immunodeficiency syndrome (AIDS) pandemic in Chad is on the rise, with 1,162 reported cases in 1994 (a 15 per cent increase over 1993).

32. Furthermore, the implementation of new legislation, whether national or international, does not automatically meet with universal, enthusiastic approval, particularly when it upsets habits, customs and traditions built up over many years.

33. Owing to a total absence of homes, rehabilitation centres and welfare and resettlement facilities, it is impossible for the time being to provide children with the care called for under the provisions of the Convention.

34. Furthermore, the high illiteracy among parents, their resistance to family planning and the blatant lack of experts, such as specialized educators, psychologists and psychiatrists in prisons, schools and shelters, all hinder the implementation of the Convention on the Rights of the Child.

35. Chad has no juvenile courts or magistrates. In addition to the above-mentioned structural difficulties, implementation is further hindered by various habits and customs. The weight of custom and tradition makes it difficult to implement some provisions, such as recognition of the child's right to physical integrity and to protection against ill-treatment. Some social groups consider excision practiced on girls to be a necessary ordeal and therefore a normal cultural phenomenon.

36. It should be noted that corporal punishment is standard practice in the traditional education of children. In some Chadian social groups, and particularly among peasants, children constitute a valued productive asset, so that parents prefer to teach them practical skills in areas such as agriculture, livestock farming, fishing and hunting rather than to send them to school.

37. The major difficulties as regards fulfilment of obligations arising from the Convention are partly material, due to limited budgetary resources, and partly administrative, due to a lack of motivation on the part of State officials who are not paid.

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III. GENERAL PRINCIPLES

B. Best interests of the child (art. 3)

54. Public and private institutions, the courts, the administrative authorities and legislative bodies are required, in all their activities relating to children, to be guided by the best interests of the child. This principle is set forth in the Constitution, article 38 of which states in substance that parents possess the natural right to raise their children. This right may be withdrawn if they fail in their duty.

55. Protection of the best interests of the child is guaranteed by the courts. The term "best interests" means everything that contributes to children's physical, mental and social development in order to ensure the full and harmonious development of their personality. Consequently, priority is given to ensuring that children receive protection and assistance in all circumstances. This consideration is taken into account in both civil and criminal legal proceedings.

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V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE

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2. Physical and psychological recovery and social reintegration

115. In addition to the activity of the Social Affairs Ministry, various private agencies, with technical assistance provided by NGOs, sponsor programmes on behalf of the deprived sector of the population aimed at providing psychological counselling and support to street children and children in trouble, and combating delinquency, drugs, smoking and alcoholism.

J. Periodic review of placement (art. 25)

116. Because children are human beings with developing personalities, their behaviour, expectations and needs change very rapidly. It is therefore difficult to evaluate or determine their interests once and for all. For this reason, decisions concerning children are subject to change at any time as required by their interests. There is no system for post-placement monitoring of children, but these programmes will be developed when juvenile courts are established.

117. For the moment, Chad has no statistics or specific data concerning the number of orphaned, disabled, battered, kidnapped, homeless, delinquent, drug-dependent or otherwise disadvantaged children. The Government is determined to address this aspect of the question in future.

Source: Initial reports of States parties due in 1992: Chad, UN Doc. CRC/C/3/Add.50, paras. 25-40, 45, 54-55, 89-92, 115-117, 182, 191-195 (24 July 1997)