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RR RUEHGI
DE RUEHNJ #0089/01 0301049
ZNR UUUUU ZZH
R 301049Z JAN 07
FM AMEMBASSY NDJAMENA
TO RUEHC/SECSTATE WASHDC 4871
INFO RUEHGI/AMEMBASSY BANGUI 1300
RUEHKH/AMEMBASSY KHARTOUM 0392
RUEHYD/AMEMBASSY YAOUNDE 1460
RUEHNR/AMEMBASSY NAIROBI 0675
RUEHLO/AMEMBASSY LONDON 1628
RUEHFR/AMEMBASSY PARIS 2082

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. 
 
-------------------------------------------- 
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). 
 
NDJAMENA 00000089  002 OF 004 
 
 
 
¶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. 
 
NDJAMENA 00000089  003 OF 004 
 
 
 
¶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. 
 
------------------------------------ 
Protection and Assistance to Victims 
------------------------------------ 
 
¶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), 
 
NDJAMENA 00000089  004 OF 004 
 
 
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