Human Rights Committee

List of issues in relation to the third periodic report of Chad *

Constitutional and legal framework within which the Covenant is implemented (art. 2)

1.With reference to the Committee’s previous concluding observations and the information contained in the State Party’s third periodic report, please provide examples of cases in which domestic courts have invoked or directly applied the provisions of the Covenant. Please provide information on measures taken to disseminate the Covenant, including the delivery of training sessions for judges, prosecutors, lawyers and law enforcement officers and of awareness-raising sessions for the general public, with some examples demonstrating the impact of the sessions. Please indicate whether the State Party intends to ratify the Second Optional Protocol to the Covenant, aiming at the abolition of the death penalty, and explain the Government’s position on that issue.

2.With reference to the Committee’s previous concluding observations and the information contained in the State Party’s third periodic report, please provide information on the legislative and other steps taken to ensure that the National Human Rights Commission is able to operate in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). In that regard, please provide information on the measures taken to strengthen the process of selecting and appointing members, ensure pluralism and gender representation, provide the Commission with sufficient human and financial resources to enable it to carry out its mandate effectively and independently, and strengthen its regional offices. Please describe the progress made in drafting the national human rights policy and its content.

Past human rights violations (arts. 2, 6, 7, 9 and 25)

3.Please describe any measures taken to combat impunity, in particular concerning reparation for victims of the regime of former President Hissène Habré, indicating the amounts paid, the number of victims compensated and the obstacles encountered following the convictions handed down by the Special Criminal Court in N’Djamena on 25 March 2015 and the Appeals Chamber of the Extraordinary African Chambers in Dakar on 27 April 2017. Please describe, for example, the steps taken to build a monument to the victims of the regime and to convert the former headquarters of the Documentation and Security Directorate into a museum, providing details of the progress of these projects.

State of emergency (art. 4)

4.Please provide information on the legal framework governing states of emergency and on the compatibility of existing laws and regulations with article 4 of the Covenant and the Committee’s general comment No. 29 (2001) on derogations from provisions of the Covenant during a state of emergency. Please specify the rights derogated from and the restrictions imposed, and explain how declarations of states of emergency, as well as any derogations from and restrictions on rights, are compatible with article 4 of the Covenant and the Committee’s general comment No. 29 (2001), with reference to the states of emergency declared between 2019 and 2024, notably in the Provinces of Ouaddaï, Sila (east) and Tibesti (north) between 18 August 2019 and 25 January 2020 and in April 2021, as well as in N’Djamena, Moundou, Doba and Koumra between 20 October and 5 December 2022.

Anti-corruption measures (art. 25)

5.Please provide information on the legislative, institutional and strategic framework for the fight against corruption and indicate the specific measures that have been taken to effectively prevent and combat corruption in all sectors and at all levels of government, including to ensure transparent management of natural resources. Please describe the mandates of the national and regional anti-corruption bodies and any steps taken to ensure their independence and impartiality. Please respond to allegations that selective prosecutions of senior officials for corruption are politically motivated and that whistle-blowers are not sufficiently protected, in law or in practice, from retaliation and criminal prosecution.

Non-discrimination and equality between men and women (arts. 2, 3 and 26)

6.In the light of the Committee’s previous concluding observations and the State Party’s report, please provide information on measures taken to establish a comprehensive definition of discrimination in domestic legislation and set out appropriate sanctions. In that regard, please provide information on the measures taken to ensure that the State Party’s legislation: (a) prohibits all forms of discrimination in all spheres, including through an exhaustive list of prohibited grounds of discrimination, such as sexual orientation, gender identity and albinism; and (b) provides for effective administrative and judicial remedies. Please indicate the measures taken to prevent and combat discrimination, including on the ground of ethnicity, in the context of appointments to positions in the administration and institutions.

7.With reference to the Committee’s previous concluding observations and the State Party’s report, please indicate what progress has been made towards adopting a personal and family code that is in full conformity with the provisions of the Covenant, including the measures adopted by the committee established by Prime Ministerial Order No. 7142 of 11 July 2023. In that regard, please indicate what measures have been taken to eradicate practices detrimental to women’s dignity and enjoyment of their rights and to put an end to the unequal treatment of men and women in the areas of inheritance, property rights and marital regimes. Please provide information on the measures taken to ensure the effective application of Ordinance No. 012/PR/2018 of 22 May 2018, which establishes parity in appointed and elected positions in Chad.

Violence against women, including domestic violence, and harmful traditional practices (arts. 3, 6, 7 and 26)

8.With reference to the Committee’s previous concluding observations and the State Party’s report, please indicate the number of complaints of violence against women, including domestic violence and female genital mutilation, filed and recorded during the reporting period, the investigations carried out, the prosecutions brought, the convictions and sanctions imposed on the perpetrators of such offences and the reparation granted to the victims. Please indicate the measures taken to ensure that victims are able to file complaints without fear of reprisals and can obtain effective access to justice.

9.Please provide information on activities organized to raise awareness of the unacceptability and negative consequences of violence against women, as well as information on capacity-building programmes for law enforcement officers. Please provide information on the development of the National Gender Policy and the National Strategy to Combat Gender-Based Violence and on their objectives. Please describe the measures taken to improve the capacity of integrated multisectoral service centres to provide support services to victims, including in rural areas, and to offer victims appropriate protection and psychological, social, legal and rehabilitation assistance.

Infant and maternal mortality and sexual and reproductive rights (arts. 3 and 6)

10.Please provide statistical data on maternal and infant mortality, information on measures taken to improve access to health services and information on sexual and reproductive health, particularly in rural and remote areas.

Right to life (art. 6)

11.With reference to the Committee’s previous concluding observations and the State Party’s report, please indicate what judicial and other measures have been taken to address the allegations of summary and extrajudicial executions by law enforcement officials and members of the armed forces during the reporting period, including in connection with the events in Miandoum in November 2016, in Goré in February 2017 and in Abéché in January 2022. Please provide information on measures taken to protect civilians from violence committed by rebel movements in the north and by the Islamist armed groups Boko Haram and the Islamic State in West Africa in the Lake Chad region, as well as from conflicts between herders and sedentary farmers in the south, which are exacerbated by desertification and climate change.

12.Please provide information on the measures taken to ensure that the use of force and of firearms by law enforcement officials and the security forces, as well as the legislation governing such use, are in full conformity with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement. In that respect, please indicate the measures taken in response to the repression of demonstrations on 11 April 2021, including any impartial and thorough investigations carried out, prosecutions brought, convictions and sanctions handed down and reparations granted to victims, and in response to the repression of demonstrations on 20 October 2022, including impartial and thorough investigations carried out and reparations granted to victims. Please also provide information on any steps taken to publish the report on the investigation carried out by the Economic Community of Central African States. Please describe the measures taken to: (a) ensure that the 2019 and 2023 amnesty laws are compatible with the provisions of the Covenant and prohibit any amnesty for gross violations of international human rights law and serious violations of international humanitarian law; (b) establish a system of effective reparation for victims; and (c) develop a transitional justice mechanism that complies with the standards of international law, with a view to combating impunity, guaranteeing all victims the right to the truth and taking any measures or enacting any reforms required to prevent the recurrence of flagrant human rights violations.

Enforced disappearances (arts. 6, 9 and 12)

13.With reference to the Committee’s previous concluding observations and the State Party’s report, please provide information on measures taken to prevent and combat enforced disappearance, including legislative measures and training for judges, prosecutors, lawyers and police and security forces. Please describe the concrete measures taken to ensure that victims of enforced disappearance and their relatives have access to effective remedies and to complete investigation files, as well as the measures taken to determine the whereabouts of missing persons, including the victims of the events of October 2022. Please indicate what steps have been taken to establish the commission of inquiry to examine allegations of enforced disappearances, in accordance with the Doha Peace Agreement and the 2022 inclusive and sovereign national dialogue, and provide information on the timetable for the commission’s establishment, its mandate and its resources.

Prohibition of torture and other cruel, inhuman or degrading treatment or punishment (arts. 6, 7 and 10)

14.In the light of the Committee’s previous concluding observations and the State Party’s report, please provide information on the measures taken to prevent and combat acts of torture and ill-treatment and to ensure that law enforcement officials receive, in all comprehensive initial and refresher training programmes, instruction on how to investigate cases of torture and ill-treatment by applying the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol). Please indicate what measures have been taken to establish an effective and independent mechanism for the prevention of torture and ill-treatment and for the investigation of any claims of torture or ill-treatment committed by law enforcement officials. Please provide information on any visits by sentence enforcement judges or public prosecutors to places of deprivation of liberty pursuant to article 424 of the Code of Criminal Procedure and describe the findings and any recommendations emanating from these visits.

Prohibition of trafficking in persons, forced labour and servitude (arts. 8 and 26)

15.With reference to the Committee’s previous concluding observations and the State Party’s report, please provide information on measures taken to prevent and combat trafficking in persons, forced labour and servitude, including sexual exploitation, exploitation in the mining and domestic work sectors and the exploitation of children in cattle-raising. In this regard, please describe the complaint mechanisms and the protection services and shelters that are available in the various regions. Please provide information on the measures taken to provide labour inspectors, law enforcement authorities and the judiciary with the necessary training and adequate resources to enable them to fulfil their functions or mandate effectively.

Liberty and security of person and conditions of detention (arts. 9, 10 and 14)

16.In the light of the Committee’s previous concluding observations and the State party’s report, please describe the measures taken to avoid prolonged police custody; the impact of the provisions of the 2017 Code of Criminal Procedure on eradicating prolonged and abusive pretrial detention, including at the regional level; and the remedies available to detainees to challenge arbitrary arrest and detentions. In that respect, please provide figures on the number of people placed in pretrial detention, specifying the length of time spent in detention, and the number of detainees who have had access to court-appointed lawyers. Please indicate the measures the State Party plans to take to encourage the use of non‑custodial measures, in line with the United Nations Standard Minimum Rules for Non‑custodial Measures (the Tokyo Rules).

17.In the light of the Committee’s previous concluding observations and the State Party’s report, please indicate what measures have been taken to improve the conditions of detention and treatment of prisoners in places of detention in line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), in particular with a view to eliminating prison overcrowding, improving sanitation conditions and access to food, drinking water and medical care for prisoners and permitting family visits. Please provide information on the measures taken to establish effective and confidential mechanisms for prisoners to report violations of their rights, including those related to conditions of detention, and on the results obtained through the use of such measures. Please indicate the measures taken with regard to the deaths of 44 alleged Boko Haram members in the cells of the N’Djamena gendarmerie unit in April 2020, including any thorough, impartial and independent investigations conducted, prosecutions brought, convictions and punishments handed down and reparations granted to the families of the victims.

Independence of the judiciary and access to justice (art. 14)

18.In the light of the Committee’s previous concluding observations and the State Party’s report, please provide information on the measures taken to guarantee, in law and in practice, the full independence and impartiality of the judiciary, with the aim of ensuring that it is free from any form of undue pressure or interference from the executive branch, and to combat corruption in the judiciary. Please indicate the measures taken and mechanisms in place to ensure the full range of fair trial guarantees, including the right to be assisted by a lawyer during the various stages of judicial proceedings. Please provide information on the measures taken to ensure that people who cannot afford a lawyer or legal fees have access to free legal aid, as well as details on the number and types of cases in which legal aid has been requested, granted and refused in recent years.

Freedom of expression and freedom of peaceful assembly (arts. 19 and 21)

19.With reference to the Committee’s previous concluding observations and the State party’s report, please indicate the measures taken to ensure that national legislation, including article 343 of the Criminal Code, and restrictions on freedom of expression are in strict conformity with the Covenant. Please describe the measures taken to protect journalists and human rights defenders from threats and intimidation and provide information on investigations and prosecutions of, and convictions and sanctions imposed on, the perpetrators of harassment and intimidation of journalists or human rights defenders, as well as on reparation provided to the victims. Provide information on measures taken to ensure the independence and pluralism of the media, and on decisions and justifications for suspending media activities, cutting off Internet access, restricting messaging services and blocking social networks.

20.Please provide information on the measures taken to guarantee, in law and in practice, that the right to freedom of assembly and peaceful demonstration is upheld in the State Party, including for opposition parties, trade unions and other civil society actors, and to ensure that any restrictions comply fully with the provisions of the Covenant. In particular, please provide information on measures taken to bring Ordinance No. 45/INT/SUR of 27 October 1962 and the three decrees of August 2023, which regulate assemblies and public demonstrations, into line with article 21 of the Covenant and the Committee’s general comment No. 37 (2020) on the right of peaceful assembly. Please comment on reports that peaceful demonstrations critical of the Government are systematically prohibited and that law enforcement authorities and the army have used excessive or unjustified force to disperse demonstrations, including those held between February and April 2021 and in October 2022, when several hundred people were killed or injured.

Treatment of refugees and displaced persons (arts. 2, 7 and 26)

21.With reference to the Committee’s previous concluding observations and the State Party’s report, please indicate the legislative and institutional initiatives adopted to ensure effective protection of refugees and asylum-seekers, including a fair and effective refugee status determination procedure, respect for the principle of non-refoulement and the prevention of statelessness. In that respect, please provide information on the measures taken to strengthen the National Commission for the Reception and Reintegration of Refugees and Returnees, to provide it with sufficient human and financial resources to enable it to discharge its mandate effectively, and to reactivate its appeals subcommittee.

22.Please describe the measures taken to provide effective protection and adequate assistance to refugees, in particular Sudanese refugees, internally displaced persons and returnees from the Central African Republic who are at risk of statelessness. Please indicate the capacity of refugee camps and the measures taken to ensure adequate safety and living conditions in the camps, including in respect of access to drinking water, healthcare and education.

Rights of children (arts. 7 and 24)

23.In the light of the Committee’s previous concluding observations, please describe the measures taken to prevent and effectively combat early marriage. Please provide information on measures taken to prohibit and combat the use of corporal punishment in all settings. Please describe the measures that have been taken to reactivate the programme for demobilizing children from the armed forces and armed groups, and to prevent and combat the exploitation of children, particularly for the purposes of begging, and the problem of children in street situations.

Participation in public affairs (art. 25)

24.With reference to the State Party’s report, please indicate the legislative, institutional and other measures taken to ensure free, reliable and transparent elections and promote genuine political pluralism. Please provide information on the measures taken to ensure the effective realization of the right to participate in public affairs, including for civil society and all ethnic groups, and to guarantee access to information. Please indicate the measures taken in relation to the killing of Yaya Dillo, leader of the Parti socialiste sans frontières (Socialist Party without Borders), during an attack by the security forces on the party’s headquarters, including any thorough, impartial and independent investigations conducted, prosecutions brought, convictions and sanctions handed down and reparations granted to the victims.