Committee on the Elimination of Racial Discrimination

Combined nineteenth to twenty-fourth periodic reports submitted by the Republic of Chad under article 9 of the Convention, due in 2016 *

[Date received: 8 April 2025]

Introduction

1.The International Convention on the Elimination of All Forms of Racial Discrimination remains a key international legal instrument in the fight against all forms of racial discrimination. The Convention was adopted by the General Assembly in New York on 21 December 1965. The Republic of Chad acceded to the Convention on 17 August 1977.

2.Under article 9 (1) of the Convention, all States parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, every two years, a periodic report on the measures adopted to give effect to the Convention.

3.This combined nineteenth to twenty-fourth report, covering the period 2016–2024, was drawn up following national consultations involving all stakeholders under the guidance of the Interministerial Committee for Monitoring the Implementation of International Human Rights Instruments and Drafting Reports to Treaty Bodies, which is coordinated by the Ministry of Justice and Human Rights. The Interministerial Committee is composed of representatives of the ministries involved in human rights issues, the National Human Rights Commission and civil society organizations.

4.The breadth of the national consultations attests to the Government’s determination to engage human rights mechanisms in awareness-raising and protection activities and the implementation of measures to combat racial discrimination with a view to their greater effectiveness.

5.In this report, the Government of Chad sets out the main advances made towards the elimination of all forms of racial discrimination. Despite the many obstacles in its path, the Government reaffirms its determination to resolutely pursue efforts to progressively and effectively implement the provisions of the Convention.

6.Responding to the recommendations made by the Committee on the Elimination of Racial Discrimination to the Government of Chad after its last periodic review, the report provides general information on Chad in section I, the Government’s responses to recommendations regarding the implementation of the Convention in section II and its responses to other specific recommendations in section III.

I.General information on Chad

7.Chad is a country in Central Africa, located in the heart of the continent, some 1,500 km from the port of Douala in Cameroon, between 7 and 24 degrees north of the Equator and 13 and 24 degrees east of the Prime Meridian. It has a land area of 1,284,000 km2 and is bordered by Libya to the north, the Central African Republic to the south, Cameroon, Nigeria and Niger to the west and Sudan to the east. The official languages are French and Arabic. The country consists of three distinct agroecological regions: the Sahara desert in the north, the Sahel in the centre and the Sudanic belt in the south.

8.In the Sahel region, Lake Chad remains an important source of livelihoods and fresh water despite being severely depleted. With 75 per cent of the population living in rural areas, the principal means of subsistence are crop growing and/or livestock farming, depending on rainfall and the availability of ground, river and rainwater in agroecological areas.

A.Normative framework

9.Chad has ratified almost all international and regional legal instruments and has adopted several laws with a focus on the elimination of all forms of racial discrimination.

1.International legal instruments

International Labour Organization (ILO) Forced Labour Convention, 1930 (No. 29), ratified on 10 November 1960

ILO Abolition of Forced Labour Convention, 1957 (No. 105), ratified on 8 June 1961

International Convention on the Suppression and Punishment of the Crimes of Apartheid, ratified on 23 October 1974

International Convention on the Elimination of All Forms of Racial Discrimination, ratified on 17 August 1977

International Covenant on Economic, Social and Cultural Rights, of 16 December 1966, ratified on 9 June 1995

International Covenant on Civil and Political Rights, of 16 December 1995, ratified on 9 June 1995

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ratified on 18 July 1995

Convention on the Elimination of All Forms of Discrimination against Women, of 18 December 1979, ratified on 5 June 1995

ILO Worst Forms of Child Labour Convention, 1999 (No. 182), ratified on 6 November 2000

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, ratified on 28 August 2002

Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, ratified on 28 August 2002

Agreement on Judicial Cooperation between the Member States of the Central African Economic and Monetary Community of 28 January 2004

Extradition Accord between the Member States of the Central African Economic and Monetary Community of 28 January 2004

Multilateral Cooperation Agreement to Combat Trafficking in Persons, Especially Women and Children, in West and Central Africa, ratified on 7 July 2006

United Nations Convention against Transnational Organized Crime, ratified on 27 July 2009

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, ratified on 27 July 2009

Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption, ratified on 7 December 2009

United Nations Trafficking in Persons Protocol, ratified on 10 August 2009

Memorandum of understanding between the Government of Chad and the United Nations Office in Chad of 10 September 2014, pertaining to the transfer of children involved in the armed forces or armed groups

International Convention for the Suppression of the Financing of Terrorism, ratified on 22 November 2018

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, ratified on 15 October 2018

United Nations Convention against Corruption, ratified on 21 May 2018

Convention on the Rights of Persons with Disabilities, ratified on 20 June 2019

2.National legislation

Constitution of 29 December 2023

Act No. 009/PR/2014 of 10 February 2014, on combating cybercrime

Act No. 006/PR/2014 of 10 February 2014, creating the National Agency for Computer Security and Electronic Certification

Act No. 007/PR/2014 of 14 February 2014, on the protection of personal data

Act No. 005/PR/2015 of 4 February 2015, on the protection of consumer rights

The Criminal Code (Act No. 001/PR.2017 of 8 May 2017)

The Code of Criminal Procedure (Act No. 012/PR/2017 of 14 July 2017)

Act No. 019/PR/2017 of 28 July 2017, on the prison system in Chad

Act No. 012/PR/2018 of 20 June 2018, ratifying Ordinance No. 006/PR/2018 of 30 March 2018, combating trafficking in persons in Chad

Act No. 028/PR/2018 of 22 November 2018, on the powers, organization and functioning of the National Human Rights Commission

Act No. 021/PR/2019 of 15 April 2019, governing legal aid and legal assistance

Act No. 003/PR/2020 of 20 May 2020, on the repression of acts of terrorism in Chad

Act No. 06/PR/2020 of 29 May 2020, on civil status in Chad, ratifying Ordinance No. 002/PR/2020 of 14 February 2020, on civil status in Chad

Act No. 008/PR/2020 of 9 June 2020, amending Act No. 011/PR/2013 of 17 June 2013, the Code on the Organization of the Judiciary in Chad

Act No. 027/PR/2020 of 31 December 2020, on asylum in Chad

Act No. 003/PR/2021 of 9 March 2021, on the establishment, organization and functioning of a pool of judicial experts specialized in the prosecution of terrorist acts and related offences

The Code on the Organization of Military Justice (Act No. 005/PCMT/2022 of 19 May 2022)

Act No. 012/PT/2023 of 1 June 2023, on the protection of and assistance for internally displaced persons in Chad

Ordinance No. 003/PR/2025 of 21 January 2025, on the prevention and prosecution of violence against women and girls in Chad

Ordinance No. 018/PR/2018 of 7 June 2018, on the powers, organization and functioning of the criminal investigation police

Ordinance No. 023/PR/2018 of 27 June 2018, governing associations

Decree No. 01471/PR/MJCDH/2018 of 1 August 2018, adopting the policy for the justice sector

Decree No. 3143/PCMT/PMT/MSPI/2022 of 7 October 2022, setting the terms and conditions for implementing Ordinance No. 002/PR/2020 of 14 February 2020, on civil status in Chad

B.Institutional framework

10.The legal framework set out above serves to strengthen democratic institutions.

1.Executive branch

11.The executive branch consists of the President of the Republic and the Government (Constitution, art. 65).

12.The Head of State personifies national unity and is responsible for ensuring respect for the Constitution and, through his or her arbitration, the proper functioning of the public authorities and the continuity of the State. The President is the guarantor of independence, national sovereignty, territorial integrity and compliance with international treaties and agreements (Constitution, art. 66).

13.The President of the Republic is elected to serve as head of State and leader of the Government for a term of five years, renewable once (Constitution, art. 67).

2.Legislative branch

14.Legislative power is exercised by a parliament consisting of the National Assembly and the Senate (Constitution, art. 110).

15.Members of the National Assembly are elected by direct universal suffrage for a term of five years, renewable once, and are responsible for passing legislation, overseeing Government action, assessing public policies and monitoring the implementation of laws.

16.The Senate is composed of representatives of the autonomous communities, two thirds of whom are elected by indirect universal suffrage by a college of municipal and provincial councillors. The remaining third are appointed by the President of the Republic. Senators are elected for a renewable term of six years.

3.Judicial branch

17.The judiciary is independent from the executive and legislative branches (Constitution, art. 155),

18.Judicial power is exercised by a single system of courts composed of the Supreme Court, appeal courts, courts of major jurisdiction and magistrates’ courts.

19.The Supreme Council of Justice, chaired by the President of the Supreme Court, has 15 members (Constitution, art. 159).

4.High Court of Justice

20.The High Court of Justice was re-established under the Constitution of the Fifth Republic (title IX, arts. 190 to 197). It has 15 members, made up as follows: 4 members of the National Assembly, 4 senators, 4 members of the Supreme Court and 3 members of the Constitutional Council. Members of the High Court are elected by their peers within their respective institutions. In cases involving high treason, the High Court is empowered to prosecute the President of the Republic, the presidents of institutions established under the current Constitution, members of the Government and any persons assisting them.

21.In cases not involving high treason, the presidents of institutions established under the Constitution and members of the Government are criminally liable for their actions before the ordinary courts.

5.Military justice

22.The military justice system set out in the Constitution (arts. 198 to 202) is composed of military judges and magistrates and includes the Military High Court, the Military Court of Appeal and ordinary military courts.

23.The Military High Court has final jurisdiction over decisions handed down by the Court of Appeal and ordinary military courts. It hears in the first instance all offences committed against State security and offences committed by military personnel of any rank.

6.Constitutional Council

24.The Constitutional Council is one of the institutions that was re-established after the dissolution of the Fourth Republic. It is responsible for ruling on the constitutionality of laws, treaties and international agreements, adjudicating disputes related to presidential, parliamentary and senate elections, ensuring the proper conduct of referendums and announcing the results (Constitution, title VII, arts. 173 to 183).

25.The Constitutional Council has nine members (three magistrates and six high-level lawyers), appointed by the President of the Republic. The President of the Constitutional Council has a non-renewable term of office of nine years.

26.At the request of the President of the Republic, the Prime Minister, the President of the Senate, the President of the National Assembly or at least one tenth of the members of the National Assembly or Senate, the Constitutional Council may be called on to rule on the constitutionality of a law prior to its promulgation (Constitution, art, 179).

7.Court of Auditors

27.The Court of Auditors is the court with ultimate oversight in the implementation of the State budget (Constitution, title VIII, arts 184 to 189). It has 21 members (20 councillors and a president), specialized in budget law and public accounting, who are appointed by decree of the President of the Republic following consultation with the leaders of the National Assembly and Senate, for a term of six years, renewable once.

8.National Human Rights Commission

28.Initially established by Act No. 031/PR/1994 of 30 September 1994, though not in its final form, the National Human Rights Commission was brought into line with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) by Act No. 028/PR/2018 of 22 November 2018, establishing its organization, powers and functions. The Commission is one of the Republic’s most important institutions and enjoys financial autonomy.

29.The remit of the Commission, which is composed of 11 members elected by their peers, is to promote and protect human rights by formulating opinions on human rights issues for submission to the Government and to provide the Government with assistance, through national and international institutions, on any matters related to human rights in Chad. In addition, the Commission contributes to the review of legislation and development of new human rights standards; carries out independent investigations and research and publishes its findings, subject only to compliance with its internal procedures; and advises the Government on the ratification of international legal instruments. In cases of human rights violations, it is empowered to take up complaints of its own motion or may be petitioned to take action by members of the public.

9.High Authority for Media and Broadcasting

30.The High Authority for Media and Broadcasting is an independent administrative authority with nine members (a president and eight advisors), appointed by decree of the President of the Republic (Constitution, title XIII). Its remit is to regulate activities relating to information and communications and to guarantee freedom of expression and communication (Constitution, arts. 16 and 17).

10.Economic, Social, Cultural and Environmental Council

31.Instituted under the Constitution of 1996 and retained in the Constitution of the Fifth Republic (title XI, arts. 203 to 207), the Economic, Social, Cultural and Environmental Council is an advisory body tasked with issuing opinions on economic, social, cultural and environmental questions referred to its members by the President of the Republic or the leader of the National Assembly. It may also consider any questions of economic, social, cultural or environmental development of its own motion and submit its conclusions to the President of the Republic. It has 21 members, representing different bodies active in rural, cultural, disability or women’s affairs, trade unions, the banking sector, civil society or the professions. Its President is appointed by decree of the President of the Republic following consultation with the leaders of the National Assembly and the Senate.

11.High Council of Traditional Leaders

32.The High Council of Traditional Leaders, established in articles 221 to 225 of the Constitution, is a consultative assembly that issues reasoned opinions on decentralization and regional development policies and questions related to traditional leadership and contributes to the out-of-court settlement of disputes. It has 23 members (22 councillors and a president), who are either sultans or cantonal chiefs and serve a term of four years, renewable once.

12.Office of the Ombudsman

33.The Office of the Ombudsman, established in title XVI, articles 231 to 235, of the Constitution, is an independent administrative authority tasked with providing public mediation services (Constitution, art. 232). Appointed by decree of the President of the Republic, the Ombudsman contributes to the peaceful settlement of disputes.

II.Government responses to the Committee’s recommendations

A.Population by sex and principal age groups

34.In 2018, Chad had an estimated population of 15,503,179 inhabitants, of whom 51.8 per cent were women and 48.2 per cent were men, compared with 51.5 per cent and 48.5 per cent, respectively, in 2011 (based on the third survey of household consumption and the informal sector, referred to as ECOSIT3). Women of childbearing age (15–49 years) accounted for 41.6 per cent of the total population of women and the total fertility rate was 6.4 live births per woman of childbearing age. The average age of the total population was estimated at 19.3 years and the median age at 13.0 years. These key trend indicators were almost unchanged from 2011. The population is predominantly young, with children under the age of 15 accounting for 53.3 per cent. In 2018, the urban population was estimated at 3,781,401 inhabitants, equivalent to a rate of urbanization of 24.4 per cent, somewhat higher than the rate of 18.4 per cent estimated in 2011. The total number of households was 1,259,498 in 2003 (estimated on the basis of the second survey of household consumption and the informal sector, referred to as ECOSIT2), 1,784,037 in 2011 (estimated on the basis of ECOSIT3) and 2,931,672 in 2018 (estimated on the basis of the fourth survey of household consumption and the informal sector, referred to as ECOSIT4). In 2018, each household comprised an average of 5.3 persons.

35.At 21.9 per cent, the rate of urbanization remains low. The average age is 19.7 years while the median age is 14.8 years. The percentage of women aged between 15 and 49 years is set to have risen from 43 per cent in 2009 (accounting for 22 per cent of the total population) to 48 per cent (24 per cent of the total population) by 2050.

Population of Chad by region and sex in 2018 (National Institute of Statistics for Economic and Demographic Studies trend scenario)

Region	Men	Women	Total	Percentage of total population
Batha	311 659	335 005	646 664	4.2
Borkou	69 048	60 227	129 275	0.8
Chari Baguirmi	391 301	397 325	788 626	5.2
Guéra	296 385	314 515	610 900	4.0
Hadjer Lamis	384 037	384 175	768 212	5.0
Kanem	228 332	236 148	464 480	3.0
Lac	300 412	295 656	596 068	3.9
Logone Occidental	466 567	494 936	961 503	6.3
Logone Oriental	526 529	555 875	1 082 404	7.1
Mandoul	421 906	445 196	867 102	5.7
Mayo Kebbi Est	511 684	556 191	1 067 875	7.0
Mayo Kebbi Ouest	380 577	405 367	785 944	5.2
Moyen Chari	406 023	412 236	818 259	5.4
Ouaddaï	482 105	515 152	997 257	6.5
Salamat	205 964	213 882	419 846	2.8
Tandjilé	441 734	485 058	926 792	6.1
Wadi Fira	338 900	363 776	702 676	4.6
N ’ Djaména	773 982	680 689	1 454 671	9.6
Barh El Gazal	186 771	162 450	349 221	2.3
Ennedi Ouest	46 002	37 581	83 584	0.5
Sila	260 972	265 318	526 290	3.5
Tibesti	18 953	16 373	35 326	0.2
Ennedi Est	81 380	66 576	147 956	1.0

Estimated population by year and sex, based on medium growth assumptions (2009–2050)

Year	Sex
Men	Women	Total
2009	5 452 483	5 587 390	11 039 873
2010	5 668 049	5 801 451	11 469 500
2011	5 876 234	6 004 379	11 880 614
2012	6 092 153	6 214 408	12 306 561
2013	6 315 618	6 431 033	12 746 650
2014	6 546 755	6 654 089	13 200 844
2015	6 786 021	6 884 063	13 670 084
2016	7 032 311	7 120 003	14 152 314
2017	7 286 344	7 362 731	14 649 076
2018	7 548 902	7 613 141	15 162 044
2019	7 820 817	7 872 152	15 692 969
2020	8 103 402	8 141 111	16 244 513
2025	9 689 390	9 651 366	19 340 757
2030	11 586 779	11 457 333	23 044 112

36.In the same National Institute of Statistics for Economic and Demographic Studies sources, the population of Chad is currently estimated at 18,675,547 inhabitants, of whom 51 per cent are women. The distribution by age indicates that persons under 35 years old account for 80.55 per cent, those aged from 35 to 69 per cent account for 17.87 per cent and persons aged 70 or over 1.56 per cent. Men account for 49 per cent of the total population, with 81.42 per cent of them aged under 35 years old, 17.27 per cent aged between 35 and 69 years and 1.29 per cent aged 70 or over.

B.Ethnic groups, languages and religions

37.The Constitution classifies the languages spoken in the country into two categories: official languages (French and Arabic) and national languages. More than a dozen languages classified as national languages are used on the radio to share day-to-day news and official information. In recent years, the use of Modern Standard Arabic has been increasingly promoted. A total of 256 different ethnic groups speaking different languages have been recorded in the country, a situation that is not without consequences for the difficulties inherent in building a national identity.

1.Ethnic groups

38.The Saharan region is home to the Gorane and Toubou peoples. The Sahelian region is home to numerous peoples, including the Zaghawa, Tama, Mimi, Marba, Daju and Masalit peoples and Arabs originating from the Arabian Peninsula. Over the centuries, these Arabs introduced the Arabic language, which then came to be used as a means of communication across most of the country.

39.Other sedentary ethnic groups, which are Islamized to varying degrees, also live in this part of the country. Spread across the country from east to west are the Buduma (some of whom live on the islands of Lake Chad), the Bilala (concentrated on the shores of Lake Fitri), the Kuka and the Midogo peoples. The centre of the country is home to the Hadjarai, a name meaning mountain dwellers in Arabic that is used to describe a heterogeneous group of ethnicities that includes the Kenga, Dangaléat and Jonkor peoples, inter alia.

40.The Sudanic belt is home to a range of peoples who live from crop growing, cattle rearing and fishing, including the Ngambay. Ngam, Nar, Gulay, Mbum, Laka, Day, Kaba, Gor, Mbay, Sara, Kaba, Bua, Nyelim, Tumak, Kwang, Murum, Masana, Musey, Kera, Tupuri, Mundang, Peulh, Marba, Lele, Zime, Kabalai, Nancere and Gabri.

2.Languages

41.Over two hundred languages are spoken in Chad, including Gorane, Toubou, Zaghawa, Tama, Mimi, Maba, Daju, Masalit, Buduma, Bilala, Midogo, Kenga, Dangaléat, Jonkor, Bidiyo, Ngambay, Ngam, Nar, Gulay, Mbum, Laka, Day, Kabba, Gor, Mongoh, Mbay, Sara Kaba, Bua, Nyelim, Tumak, Kwang, Murum, Masana, Musey, Kera, Tupuri, Mundang, Peulh, Marba, Lele, Zime, Kabalai, Nancere and Gabri.

3.Religions

42.Religions fall into two categories: revealed religions and traditional beliefs. In the north, east and centre of the country, the majority are followers of Islam. Christianity is concentrated in the south and centre of the country.

43.According to estimated data for 2024 provided by the National Institute of Statistics for Economic and Demographic Studies, 57 per cent of the population is Muslim. Christianity was introduced at the start of the colonial period and is represented by Catholicism (around 10 per cent of the total population), Protestantism (31 per cent) and Animism (2 per cent).

C.Refugees, displaced persons and immigrants

44.According to data published by the Office of the United Nations High Commissioner for Refugees (UNHCR) in June 2024, there were at that time 1,767,013 forcibly displaced persons in Chad, consisting of 1,239,912 refugees, 11,407 asylum-seekers, 219,393 internally displaced persons, 29,6301 returned migrants, 14,396 spontaneous returnees and 617,013 new arrivals who had entered the country from Sudan since April 2023.

D.Failure to pass draft legislation

45.Since its last review by the Committee in 2013, the Government of Chad has made great efforts to adopt pending bills. Those adopted include:

Amendments to the Criminal Code, adopted by Act No. 001/PR/2017, establishing the Criminal Code, of 8 May 2017 and Act No. 012/PR/2017, establishing the Criminal Procedure Code, of 14 July 2017

Act No. 012/PT/2023 of 1 June 2023, on the protection of and assistance for internally displaced persons in Chad

Decree No. 2121/PR/MSPSN/2020 of 14 April 2020, implementing Act No. 006/PR/2002 of 15 April 2002, on promoting reproductive health

46.A new law on civil status has replaced the 2013 law. The law in question is Act No. 06/PR/2020 of 29 May 2020, ratifying Ordinance No. 002/PR/2020 of 14 February 2020, on civil status in Chad, and the associated Implementing Decree No. 3143/PCMT/PMT/MSPI/2022 of 7 October 2022.

47.Initially established by Act No. 031/PR/1994 of 30 September 1994, on the basis of recommendations from the National Sovereign Conference, the National Human Rights Commission has been upgraded in status to become one of the country’s most important institutions. It was restructured in application of Act No. 028/PR/2018 of 22 November 2018, establishing its organization, powers and functions, and is now compliant with the Paris principles.

48.With regard to the Personal and Family Code, in line with the recommendations resulting from the Inclusive and Sovereign National Dialogue, in 2023 a committee was set up by decree of the Prime Minister to review the draft legislation. The corresponding report is currently pending before the Council of Ministers.

49.With regard to the finalization of the 2012–2015 National Human Rights Action Plan, while noting that the period of reference has now passed, in line with article 2 of the Convention the Government is determined to take measures that go beyond a simple plan of action. Accordingly, it has drawn up a first draft of a national human rights policy, which is currently pending adoption and will be accompanied by a five-year action plan.

E.Definition of racial discrimination

50.Racial non-discrimination is a legally protected principle in Chad although no specific text enshrining a definition in line with article 1 of the Convention has been adopted.

51.Various legislative provisions outlaw racial discrimination. For example, articles 14 and 15 of the Constitution of 29 December 2023 and article 286 of the Criminal Code prohibit all forms of discrimination based on race and sex, among other characteristics. The Government of Chad reaffirms its commitment to ensuring gender equality, in line with article 15 (2) of the Constitution, which establishes that the State has a duty to assure the elimination of all forms of discrimination against women and the protection of their rights in all areas of private and public life.

52.The principle of non-discrimination thus enshrined in the Constitution attests to the Government’s determination to accord equal rights to both sexes through its supreme law. Nonetheless, it is striving to bring national legislation into line with the Convention.

53.In the field of health, article 3 of Act No. 006/PR/2002 of 15 April 2002, on promoting reproductive health, establishes that all persons are equal in rights and dignity in relation to reproductive health, without discrimination on grounds of age, sex, economic status, religion or any other characteristic. Decree No. 2121/PR/MSPSN/2020 of 14 April 2020, implementing this Act, prohibits all forms of discrimination related to healthcare. Additionally, article 1821 of the Criminal Code outlaws “the intentional infliction of severe pain or physical, mental or emotional suffering on a person for such purposes as obtaining from him or her, or a third person, information or a confession, punishing him or her for an act that he or she, or a third person, has committed or is suspected of having committed, or intimidating or coercing him or her, or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by, or with the consent or acquiescence of, a public official or a traditional leader”.

F.Decent-based discrimination

54.The Government has not to date passed any specific law prohibiting descent-based discrimination. However, it has introduced a provision criminalizing such practices into the Criminal Code. Articles 449 and 450 of the Code set out penalties of deprivation of liberty and fines for persons engaged in descent-based discrimination”. Under these articles, any person found guilty of making threats against another, by means of a computer system, on the grounds of his or her belonging to a group characterized by race, skin colour, descent, filiation or national or ethnic origin or religion, insofar as their belonging serves as a pretext for attributing one or more of such characteristics, or against a group of persons distinguished by one of these characteristics, is liable to a term of imprisonment of one to five years and/or a fine of between 1 million CFA francs (CFAF) and CFAF 10 million.

55.The Government has taken the issue of racial discrimination into account in its draft national human rights policy.

G.Customary practices that are harmful to women

56.Equality between women and men is a human rights issue and a precondition of social justice. Thus, a new partnership based on equality between women and men is a prerequisite for sustainable, people-centred development. In line with this premise, article 26 of the Constitution requires the State to ensure equality before the law for all persons, without distinction on the grounds of origin, race, sex, religion, political opinion or social status. By incorporating the provisions of international human rights instruments into the country’s body of law, the State has taken various measures to promote women’s rights. Such measures include:

Implementation of Decree No. 0433/PR/MFPPE/2021, implementing Ordonnance No. 012/PR/2018 of 22 May 2018, on gender parity in elected and appointed office in Chad

Implementation of Act No. 006/PR/2002 of 15 April 2002, on promoting reproductive health

Equal access to schooling for girls and boys, with positive discrimination permitted in favour of girls, for whom certain State school fees are waived in State schools

Implementation of Order No. 101/PR/PM/MESRSFP/SG/2024 of 3 July, authorizing girls and persons with a disability to enrol in the first year of their choice in State higher education establishments without charge

Implementation of the Labour Code (Act No. 038/PR/96 of 11 December 1996), article 35 of which guarantees the right to work for all citizens and, in paragraph 3, stipulates that no person may be discriminated against in his or her work on the grounds of origin, opinion, belief, sex or marital status

57.As regards public policy and programmes, the Government of Chad has adopted a national gender policy. The vision set forth in this policy is that, by 2030, Chad will be a country free from all forms of gender inequality and inequity and all forms of violence where men and boys and women and girls have equal access to and control over resources and participate equitably in decision-making bodies with a view to sustainable development.

58.In application of current legislative and policy instruments, the State has also taken steps to ensure the participation of women in public life, including:

Establishment of the National Week of Chadian Women as an annual event

National Campaign to Accelerate the Reduction of Mortality

Strategy for eradicating fistula

Strategy for preventing mother-to-child transmission

Strategy for ensuring comprehensive care for childhood illnesses

Strategy for eradicating malaria

Adoption of the policy for the integration of women in development

Promotion of women to general officer rank in the defence and security forces and their inclusion in decision-making bodies

Adoption of the policy for the justice sector

Recognition of various human rights and women’s associations

Provision of assistance for establishing legal aid clinics in all provinces and making them accessible to all segments of the population, including children

Brigade for the Protection of Minors and the Fight against Emotional and Sexual Abuse

Development of a comprehensive communications plan to raise awareness among all segments of the population of the harmful effects of child abuse

Organization of far-reaching nationwide campaigns to raise awareness of trafficking in children and all forms of child exploitation, with a particular emphasis on at-risk departments

Broadcast of radio and television programmes and publication of press articles on child trafficking and all forms of child exploitation

Construction of the Maison de la Femme centre for women

59.It should also be noted that, under the current Electoral Code, women must account for at least 30 per cent of candidates in order for electoral lists to be valid.

60.With a view to ending the practice of female genital mutilation, penalties are established in the Criminal Code. Article 318 of the Code establishes a term of imprisonment of between 1 and 5 years and a fine of between CFAF 1 million and CFAF 10 million for any person who harms a woman’s genitalia by:

(a)Total or partial removal of the clitoris and/or labia minora

(b)Total removal of the labia majora and labia minora followed by total or partial suturing or total or partial narrowing of the vaginal opening

(c)Perforation, incision or stretching of the clitoris and/or labia, cauterization, introduction of corrosive substances or plants into the vagina to cause narrowing or bleeding

(d)Any other procedure

The penalties are a prison term of five to ten years and a fine of CFAF 50,000 to CFAF 500,000:

(a)If the victim dies as a result

(b)If the perpetrator habitually engages in this practice. In addition, if the offences are committed in a medical establishment or care centre and/or by persons acting in a medical or paramedical capacity, the court with jurisdiction will order the closure of the practitioner’s place of professional activity and a ban on their practising the profession.

61.The adoption of the National Child Protection Policy in March 2023 and the related Implementing Decree No. 0225/PR/PM/MFPE/2024 of 25 August 2024, adopting the National Child Protection Policy, gave material form to the Government’s determination to end violence against children. To this same end, the draft Children’s Code has been reviewed and approved from the technical perspective. It will shortly be submitted to the Council of Ministers and will then be referred to the National Assembly and the Senate for adoption.

62.The draft Code reflects the provisions of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child and will thus further enhance the protection of children’s rights, particularly the protection against inappropriate work and child marriage, that is established in:

(a)Act No. 029/PR/2015 of 21 July 2015, ratifying Ordinance No. 006/PR/2015 of 14 March 2015, prohibiting child marriage;

(b)the Trafficking in Persons Act and the provisions of the Criminal Code, both of which provide protection for the rights of the child. To date, this protection has yielded the following results:

(i)In application of this legislation, the Government secured the release of the 79 minors who were arrested during demonstrations on 20 October 2022 and returned them to their families. The persons concerned received relevant medical care;

(ii)Advocacy efforts resulted in the adoption of Decree No. 1885/PT/PM/MGSN/2023 of 30 June 2023, regulating child protection mechanisms;

(iii)Advocacy efforts resulted in the adoption of Decree No. 1886/PT/PM/MGSN/2023 of 30 June 2023, on the organization and operation of the National Rehabilitation and Reintegration Centre for Vulnerable Children.

(c)Other measures taken in Chad to ensure that perpetrators of sexual and gender‑based violence are prosecuted and punished in accordance with the law include:

(i)Making criminal investigation police officers available in the comprehensive multidisciplinary support centres, where holistic care is provided for survivors of gender-based violence, to help those who wish to do so to bring their abusers to justice.

(ii)Signature of a memorandum of understanding with the Chad Bar Association under which lawyers are made available in the comprehensive multidisciplinary support centres to provide legal advice and assistance.

(d)To facilitate access to justice for victims of female genital mutilation, forced marriage, gender-based violence and violence against children and adolescents, the following measures have been taken:

(i)A national strategy for combating gender-based violence has been adopted, accompanied by a five-year action plan for the period 2024–2027, to ensure that the issue of gender-based violence is addressed effectively in Chad;

(ii)A road map for combating child marriage and female genital mutilation has been drawn up which set out strategies that might help in the fight against perpetrators of these practices;

(iii)Articles 288 et seq. of the Criminal Code establish harsh penalties for domestic violence, assault and battery, degrading, humiliating or inhuman treatment likely to cause psychological distress, sexual harassment and rape, among other offences.

(e)To give effect to the action plan for implementing Security Council resolution 1325 (2000) on women and peace and security and ensure that cases of sexual and gender-based violence and forced child marriage are investigated and the perpetrators are brought to justice, the Government and its technical and financial partners have adopted the following strategies:

(i)A high-level round table on lessons learned from the participatory process adopted for drafting the national action plan for implementing Security Council resolution 1325 (2000) was organized as a side event during the annual session of the Commission on the Status of Women;

(ii)The United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) has appointed an international consultant for Chad to help the country to begin the process of implementation. The consultant has transformed the action plan into a programme that is now in the resource mobilization phase;

(iii)The minister with responsibility for women’s affairs launched an appeal for support during a meeting of the Committee of Technical and Financial Partners, some of which indicated a readiness to support implementation of the national action plan;

(iv)The national action plan has been published and disseminated with a view to promoting ownership among key actors

(v)Several initiatives aimed at eliminating child marriage and female genital mutilation have been launched at the international, continental, regional, national and even local level. A road map for combating child marriage and female genital mutilation has been drawn up, which details strategies that may help in the fight against these practices and in the prosecution and punishment of perpetrators. The road map was reviewed for the first time in 2019 and renewed for a period of three years. It was further renewed in 2023, for the period 2024–2026, in line with recommendations resulting from an assessment of the degree of integration of national and sector policies and plans for the elimination of child marriage in the Government budgets of certain African countries, including Chad, that was supported by the United Nations Children’s Fund (UNICEF). The road map, which was co-signed by the minister responsible for women’s affairs and the United Nations system, is a planning tool encompassing the priority actions to be implemented over a three-year period with a view to ending the practice of child marriage and female genital mutilation in Chad. It sends out a strong signal to the actors concerned and represents a commitment to taking decision action to eliminate these harmful practices.

H.Refugees, asylum-seekers and displaced persons

63.Under the cooperation agreement concluded between the Government and UNHCR on 3 May 2003, international protection is provided to all persons who fall within the mandate of UNHCR and its implementing partners. To strengthen this protection by ensuring an effective presence on the ground, pursuant to Decree No. 839/PR/PM/MAT/2011 of 2 August 2011, the Government set up the National Commission for the Reception and Reintegration of Refugees and Returnees to carry out the related administrative functions. In addition, the Government has deployed defence and security forces personnel in all camps and settlements for refugees and internally displaced persons to ensure their physical safety and protect their property.

64.The Asylum Act (No. 027/PR/2020 of 23 December 2020) was adopted as part of the Government’s efforts to significantly improve the situation of refugees and asylum-seekers in Chad. Under the Act, a refugee is defined as any person who, “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, unwilling to return to it”;

65.Also included in the definition is “any person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either a part or the whole of his or her country of origin or nationality, is compelled to leave his or her place of habitual residence in order to seek refuge in another place outside his or her country of origin or nationality”.

66.Article 13 of the Asylum Act defines an asylum-seeker as “any person who, having explicitly or implicitly expressed a desire to seek protection in the Republic of Chad to the nearest administrative authorities or the National Commission for the Reception and Reintegration of Refugees and Returnees, does so in accordance with this Act within 90 clear days of entering the country. However, applications for asylum that, for reasons of force majeure, are submitted after this time limit may be examined at the discretion of the subcommittee on eligibility. Any person who was in Chadian territory when he or she lost the protection of his or her country of origin and who applies for asylum in the Republic of Chad is also considered an asylum-seeker”.

67.Article 21 of the Act provides that any refugee or asylum-seeker in possession of a provisional document enjoys fundamental human rights on an equal footing with nationals, in particular the rights to:

Freedom of movement

Residence

Public relief and assistance

Health

Education and vocational training

Recourse to the courts

The practice of his or her religion

68.The Act was given effect by Decree No. 0648/PT/PM/MATDBG/2023 of 25 April 2023.

69.The Act sets out the general conditions for asylum in Chad in line with the Convention relating to the Status of Refugees of 28 July 1951, as amended by the Protocol relating to the Status of Refugees of 31 January 1967, and article 1 of the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa of 10 September 1969. The Act applies equally to all refugees and asylum-seekers in Chad, without discrimination on the grounds of gender, race, religion, nationality, political opinion, membership of a particular social group or country of origin (art. 2).

70.Chad has ratified various international and regional conventions protecting human rights and combating discrimination and has incorporated them into its domestic legal order, including in:

The Criminal Code

The Trafficking in Persons Act

The Civil Status Act

Act No. 004 of 15 March 2022, ratifying the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime

71.As a result of the Government’s efforts, refugee children born in Chad have access to civil status documents, including birth certificates, in application of Decree No. 3143/PCMT/PMT/PSPI/2022 of 7 October 2022, setting the terms and conditions for implementing the Civil Status Act.

72.In addition to the general protection afforded to all persons living in Chad by the Constitution and other laws, internally displaced persons benefit from special protection under Act No. 012/PT/2023 of 1 June 2023, on the protection of and assistance for internally displaced persons.

73.The Directorate for Migration and Chadian Nationals Living Abroad, established pursuant to Decree No. 213/PR/PCMT/MAEIAT/2021 of 4 August 2021, includes a division for Chadian Nationals living abroad, a division for consular affairs and a division for refugees and migration issues. The Directorate is responsible for ensuring the legal and social protection of Chadian nationals living abroad, combating irregular migration, ensuring, in collaboration with the Directorate for Legal Affairs, the application of agreements and treaties related to the settlement and movement of people and goods, and contributing, in close collaboration with the relevant national and international services, to the search for missing persons.

74.All foreign students are given equal access to higher education in Chad and all students from the Economic Community of Central African States attending Chadian universities pay the same tuition fees as Chadian nationals, regardless of their nationality. In particular, the Government has taken active steps to ensure that refugees receive effective access to all levels of public education, which measures have been strengthened by the interim plan for education in Chad for the period 2018–2020 and the 2020 strategy for the educational inclusion of refugees in Chad. The National Office of Higher Education Examinations and Competitions has established criteria for the recognition of foreign diplomas and other qualifications, with the diploma recognition process taking place at the headquarters of the Office in N’Djamena. Since 1968, Chad has been a member of the African and Malagasy Council for Higher Education (CAMES), whose members recognize and accredit diplomas issued by the universities of other member States.

I.Child soldiers

75.The State has taken a number of legislative and administrative measures to fix the minimum age for recruitment to the Armée nationale tchadienne (ANT, the Chadian National Army). Presidential Directive No. 08/PR/EMP/2013 of 10 October 2013, on respect for the minimum age for recruitment to the ANT, is aimed at “preventing and putting an end to the recruitment of children by the armed forces and armed groups”.

76.The provisions of article 137 of Ordinance No. 002/PCMT/2021 of 31 August 2021, establishing general regulations for members of the defence and security forces, cover recruitment into the defence and security forces and stipulate that “any unmarried Chadian citizen between the ages of 18 and 27 years may be authorized to enlist freely in the defence and security forces, subject solely to the conditions that he or she:

Serves under a contract

Is of good character

Possesses all the skills required for the position

Has no criminal record

77.Under Presidential Directive No. 08/PR/EMP/2013, birth certificates are the only valid document for verifying the age of potential recruits before admission to compulsory military service. However, candidates without a birth certificate may be recruited following systematic age verification by means of a medical examination, a physical check and an individual interview in the event of serious doubt about their age. There is no law that allows for the age of conscription to be lowered in exceptional circumstances. Article 288 (g) of the Criminal Code provides that “the conscription or enlistment into the armed forces or armed groups of children under the age of 18 years and their active participation in hostilities are considered war crimes punishable by life imprisonment”. Article 1 of Ordinance No. 001/PR/2014 of 4 February 2014, on prohibiting and punishing the recruitment and use of children in armed conflicts, provides that “no child shall participate or be involved in armed conflict or recruited into the armed forces or armed groups of any kind”. In addition, article 370 of the Criminal Code provides that any person “who facilitates the recruitment or use of children in the armed forces or armed groups, or their use in wars and armed conflicts, shall be punished by a term of imprisonment of between 5 and 10 years and a fine of between CFAF 1 million and CFAF 10 million”. Article 2 of the Ordinance provides for any person who has effected or facilitated the recruitment or use of children in the armed forces or armed groups to receive a punishment of a prison sentence of between 5 and 10 years and a fine of between CFAF 100,000 and CFAF 1 million. Military service is compulsory for all Chadian citizens, except in cases of duly established physical incapacity. The call-up age is 20 years for those performing military service and a minimum of 18 years and maximum of 35 years for professional officers.

78.The Government has set up a reintegration centre in the town of Koundoul, 10 km from N’Djamena, for the social reintegration of demobilized child soldiers. The centre is mandated to provide socio-occupational training to these children with a view to facilitating their reintegration. The Government has also established a centre for the social reintegration and rehabilitation of children in vulnerable situations.

J.Events of 2008

79.Pursuant to Decree No. 324/PR/PM/2008 of 27 February 2008, an independent commission of inquiry was set up to investigate the events that took place in January and February 2008. Subsequently, Decree No. 325/PR/2008, appointing the members of the Commission of Inquiry into the Sudanese Aggression of 28 January to 8 February and its Consequences, was adopted. The Commission has conducted contextualization interviews with political figures (from both the Government and the opposition), members of the diplomatic community (including representatives of France, Germany, the Swiss Agency for Development and Cooperation and the delegation of the European Commission in Chad), civil society leaders and certain independent figures.

80.The Commission has done a significant amount of work. Numerous documents have been collected, some of which are appended to the report. The Commission has also conducted interviews with politicians who were not witnesses to the events, with members of the Government, with a delegation of members of the diplomatic corps and with representatives of institutions accredited in Chad. A total of 27 fact-finding missions have been carried out in the country, in N’Djamena, Oum Hadjer, Ati, Massaguet, Massakory, Gaoui, Pont Belilé, Mara, Douguia, Amdourman, Doba, Moundou, Douro, Goré, Mari, Milezi Mara, Koro Toro, Moussoro, Am-Timan, Aboudeia, Bitkine, Mongo, Dourbali, Linia, Gama and Bili.

81.Six missions were carried out abroad – two in Cameroon, one in Saudi Arabia, two in France and one in Germany.

82.In total, the Commission has received information from 1,516 persons, of whom 1,126 were interviewed in person. During the interviews, more than 100 deaths that occurred between 2 and 4 February 2008 were brought to the attention of the Commission. Victims were recorded in various districts of the city.

83.The investigations were carried out in phases corresponding to the different stages of the events, namely the arrival of the rebels, the Battle of N’Djamena and the rebels’ retreat. The Commission’s report details the consequences of the attacks on life, physical integrity and property as well as the content of the contextualization interviews.

Attacks on life and physical integrity: Acts of rape in N’Djamena

District	Acts of rape	Acts of attempted rape
Chagoua	14	6
Pont Belilé	4	-
Total	18	6

Injuries and fatalities

Date	Injuries	Fatalities	Comments
1 Feb.	5	No information
2 Feb.	23	Idem
3 Feb.	45	Idem
4 Feb.	25	2
Total	98	2

Summary

Date	Injuries ANT	Fatalities ANT	Comments
31 Jan. 2008	195	40
2 Feb. 2008	108	Not reported
3 Feb. 2008	160	Idem
4 Feb. 2008	15	Idem
5 Feb. 2008	46	Idem
6 Feb. 2008	53	Idem
7 Feb. 2008	45	Idem
8 Feb. 2008	27	Idem
9 Feb. 2008	12	Idem
10 Feb. 2008	11	Idem
11 Feb. 2008	9	Idem
Total	681	40
Injuries	ANT	Civilians	Rebels	Hospital deaths	M	F	Comments
1 221	Across all groups		45		1	No notification
Bodies	ANT	Civilians	Rebels	Hospital deaths	M	F	Comments
285	194	91			281	4	No notification

84.The interviews conducted at the headquarters of the Commission of Inquiry and the information provided by the head of the presidential mission for the city of N’Djamena attested to the following figures:

97 injuries

403 fatalities

85.The conclusion drawn from the investigations carried out by the Commission of Inquiry was that there were numerous attacks on life, physical integrity and liberty during the events that occurred in Chad between 28 January and 8 February 2008, as shown in the table below.

Summary table for N’Djamena and provinces

City	Injuries	Fatalities	Acts of rape	Detainees
N ’ Djamena	1 323	730	24	154
Mongo	83	3	2	2
Oum Hadjer	-	3	-	-
Ati	-	-	-	-
Am-Timan	3	5	2	5
Massakory	45	111	-	-
Massaguet	104	120	-	-
Kousseri (Cameroon)	124	3	-	-
Koro Toro	-	-	-	219
Aboudeia	1	2	-	-
Bitkine	1	-	4
Dourbali	68	-	-	-
Gama	3	-	-	-
Bili	3	-	-	-
Total	1 758	977	32	380

Attacks on property in N’Djamena

Estimated costs of destruction

Origin	Amount in CFAF
Public buildings (N ’ Djamena and provinces)	14 902 116 163
N ’ Djamena (private property)	12 265 557 531
N ’ Djamena (presidential family)	2 313 000 000
Total	29 480 673 700

Summary of losses estimated by victims

Category of loss	Linia	Dourbali	Gama	Bili	Total CFAF
Extortion of land or property	70 000	1 604 800	5 575 500	350 000	7 600 300
Looting	1 300 000	925 000	901 500	817 685	3 944 185
Destruction	790 000	15 000		15 000	820 000
Other losses	2 403 400	2 380 000			4 783 400
Total CFAF	4 563 400	4 924 800	1 182 685	17 147 885

Liability

86.The Commission is working to establish the extent of the respective liabilities of those directly or indirectly involved in planning and executing the events of January and February 2008. Specifically, this includes:

The liability of the rebels, and the parties backing them, for having violated the territorial integrity and sovereignty of Chad, launching an assault on the capital and disrupting public order wherever they went, endangering lives and property and committing serious violations of human dignity

The general liability of the Chadian State for having failed in its duty to protect civilians and ensure order and security in the country

The liability of the defence and security forces for having committed serious violations against human dignity and participated in the kidnapping of political and civilian figures

The liability of the public for having actively participated in the looting and destruction of private and public buildings

87.The Government wishes to highlight, in connection with the above, that, during the fighting in 2008, which plunged the country into near chaos, a large part of the city of N’Djamena was under rebel control. The Government controlled only the area surrounding the Presidential Palace. As a result, the Government could not realistically have fulfilled its duty of protecting the civilian population and ensuring order and security in the country.

88.With regard to the abuses committed by armed groups, prosecutions were initiated against the warlords, who were tried and sentenced in absentia to life imprisonment. However, in the interests of stability and social cohesion, the Government has granted amnesty to certain convicted persons and has facilitated their return home under its “extended hand” policy.

89.In addition, a number of political party leaders who had been subjected to arrest have been released. However, the case of the disappeared opposition leader, Ibn Oumar Mahamat Saleh, was dismissed by the Tribunal de Grande Instance (court of major jurisdiction). His relatives are dissatisfied with the Chadian court’s decision and have applied to the French courts.

K.Justice reform

90.The reform of the justice system began in 2003, when national consultations were organized with a view to modernizing the judicial system, giving a human face to the prison system, developing human capital capable of delivering fair and equitable justice, and thus instilling confidence in investors. Projects and programmes developed to these ends include the Judicial Reform Project (PROREJ) and the Programme to Support Justice in Chad (PRAJUST 1 and 2).

91.During the implementation of PROREJ, on 25 February 2009 the European Commission and Chad signed an agreement for PRAJUST to be funded through the tenth European Development Fund covering the period 2009–2014.

92.This €35 million (CFAF 22.8 billion) programme, to which the European Union has contributed €25 million (CFAF 16.3 billion) and the Chadian Government has contributed €10 million (CFAF 6.5 billion), has ensured the continuity of various activities initially planned or initiated under PROREJ.

93.To facilitate the reform and review of legislative texts (line of action (i) under PROREJ), PRAJUST has provided support for amendments to 17 laws, including the Code of Civil Procedure, the Criminal Code and the Code of Criminal Procedure, that have brought domestic legislation into line with the country’s international commitments, particularly in the area of human rights.

94.To strengthen human resources (line of action (ii)), the programme provided support for the establishment, in 2010, of the National Institute of Judicial Training with a view to increasing the number of judges, prosecutors and court clerks and improving their skills. To promote human rights and human rights-related education and information-sharing (lines of action (iii) and (iv)), the programme has supported 15 associations that have implemented awareness-raising and legal aid initiatives. These activities have reached vulnerable populations, especially in rural areas, with good results. Lastly, to improve infrastructure and equipment (line of action (v)), 20 courts of major jurisdiction have been either newly built or renovated and have been fitted with information technology equipment and furniture.

95.Despite these significant achievements under PRAJUST 1, the final evaluation of the project, conducted in June 2014, revealed that efforts were still required to achieve the objectives set under PROREJ. The evaluation also pointed up certain shortcomings.

96.Accordingly, the general objective of the new €15 million PRAJUST 2 project, approved on 24 November 2015, was to contribute to “strengthening the rule of law in Chad and respect for and the protection of human rights by providing support for the consolidation of a high-quality justice system accessible to all”.

97.A more specific objective of PRAJUST 2, which was geographically limited to 11 courts and detention facilities, was to contribute to the establishment of an impartial, efficient, equitable and accessible public justice system that safeguards human rights, with a particular focus on the criminal justice and prison systems. The four outcome goals set under PRAJUST 2 were:

More efficient and independent institutional framework for justice

Easier access to justice

Better trained and qualified justice officials

Criminal justice and prison systems compliant with international rules and standards, particularly those relating to human rights

98.The evaluation of the project showed that its objectives had been effectively achieved, leading the country’s cooperation partners to consider the possibility of a PRAJUST 3 project.

1.Background to the 2018–2027 justice sector policy

99.The State authorities decided to set their sights higher than the objectives set under PROREJ and to include strengthening good governance and the rule of law among the four strategic focuses of the National Development Plan for the period 2017–2023. They also decided to adopt a justice sector policy that was in line with the new “Vision 2030: The Chad We Want” development framework.

100.These decisions reflect the Government’s commitment, as set forth in the preamble to the Constitution, to respecting and strengthening the rule of law and ensuring that the State and its citizens are subject to the same legal provisions under the supervision of an independent and impartial judiciary. However, while the existence of an appropriate legal framework remains a necessary condition for establishing a State governed by the rule of law, the fact remains that the existence of such a framework is not of itself sufficient; the framework must be complemented by an independent and efficient judiciary.

101.The supremacy of the law, citizens’ equality before the law and respect for the law and civic freedoms on the part of State authorities must be guaranteed by a reliable and credible justice system. The fundamental role of the justice system as guarantor of the rule of law can only be duly fulfilled if the judiciary is genuinely independent and the causes of its past failings are eliminated or at least reduced to a minimum.

102.Modernizing and restoring the credibility of the justice system is therefore an absolute priority. The establishment of the rule of law must serve to foster a climate of trust and ensure equality between citizens on the one hand and between the State and its citizens on the other. In this way, the rule of law serves to cement national unity and the republican ideal.

103.For the above reasons, the Ministry of Justice and Human Rights called for support, through PRAJUST2, in several areas, including the formulation of the new policy for the justice sector, which thus became a key driver of consultation and dialogue between citizens, government authorities, the authorities of other national institutions, private sector and civil society actors and the country’s technical and financial partners.

104.The effectiveness of this driver of dialogue was further confirmed just a few days later, with the resounding success of the round table held in Paris on 4 and 5 September 2017.

105.This collaborative assessment of the sector, in which all actors participated, identified various issues and challenges faced by citizens, taxpayers and persons involved in proceedings in Chad. These form the basis and rationale for the 2018–2027 justice sector policy, which was designed with their legitimate expectations in mind. In this process, priority was given to the following concerns:

Efficient sector administration and management

Efficient governance of the judicial and prison systems

Promotion and protection of human rights

Access to justice and the law

Allocation of adequate infrastructure and equipment to the sector

Strengthening of the supervisory framework

106.The analysis of these issues, and of the structural causes of the failings identified, made it possible to formulate a new vision and a new mission for the justice sector, as detailed below.

107.The main goal is to create, by 2027, a high-quality, efficient and effective Chadian justice system that is credible and accessible to the public and thus helps to cement the rule of law.

108.In addition, the strategic options established drawing on the results of the analysis were used to formulate a strategic framework for the development of the justice sector.

109.Thus, during the 2018 and 2020 institutional reforms, the issue of justice reform was at the heart of the discussions, resulting in the formulation of recommendations. The issue of judicial reform was also raised and again discussed during the Inclusive and Sovereign National Dialogue. Ten key recommendations were identified by the participants, which the Government was then asked to implement.

110.The Government currently has a justice sector policy, a strategy for digitizing the judicial system, a national juvenile justice strategy, a plan for implementing the recommendations of the Inclusive and Sovereign National Dialogue and a strategy for the demobilization, disengagement and reintegration of ex-combatants designated as terrorists.

2.Anti-corruption measures

111.Combating corruption in the judicial sector remains a major challenge, particularly in Chad, where the separation of powers is weak and the courts and prosecution service are subject to political interference. While the complete elimination of undue influence in the judiciary requires a total overhaul of social values and norms, there are certain operational reforms that could help to preserve the judiciary’s independence from the political realm and reduce certain forms of corruption.

112.Prior to 2022, the State authorities already included a general state inspectorate, a court of audit within the Supreme Court, an independent anti-corruption authority and an authority responsible for the management and oversight of public procurement. However, these bodies deal only with cases of misappropriation of public assets committed by persons outside the upper echelons of power. There is thus a serious lack of objectivity in their activities, meaning that they are clearly failing to fulfil the mandate assigned to them.

113.In Chad, fighting corruption is a principle enshrined in the Constitution. The preamble affirms the country’s “total opposition to any regime whose policies are based on arbitrariness, dictatorship, injustice, corruption, misappropriation of public funds, nepotism, clannism, tribalism, sectarianism and confiscation of power”, while article 55 provides that “the public authorities are required to promote, respect and ensure respect for good governance in the management of public affairs and to punish misappropriation, corruption and related offences”.

114.The creation of the Independent Anti-Corruption Authority pursuant to Ordinance No. 007/PT/2023 of 1 August 2023 was a welcome initiative. This body, which operates in Chad and in diplomatic and consular offices overseas, is responsible for “independently and impartially preventing and combating corruption and related offences, with a view to promoting the rules of good governance in the management of public affairs” (art. 4). The members of the National Transition Council adopted the bill ratifying Ordinance No. 007, establishing the Independent Anti-Corruption Authority, on 16 November 2023.

115.To guarantee the rights of refugees, asylum-seekers, displaced persons and others, the Government has incorporated a series of measures in its legislation, specifically in the Constitution (art. 15), Act No. 021/PR/2019 of 15 April 2019 governing Legal Aid and Legal Assistance, the Asylum Act (No. 027/PR/2020 of 23 December 2020) and Act No. 012/PT/2023 of 1 June 2023 on the Protection of and Assistance for Internally Displaced Persons.

116.Chad ratified the African Union Convention on Preventing and Combating Corruption on 3 March 2015, having signed it on 6 December 2004.

117.Chad has been a member of the African Peer Review Mechanism since its inception. A focal point for this mechanism has been appointed, and is supported by a permanent secretariat.

118.Chad has been a member of the Extractive Industries Transparency Initiative since 2007. It has been producing reports on oil revenues since 2012.

3.Administrative measures

119.A biometric census of all public sector employees was conducted in June 2023 with a view to monitoring the work and activities of public servants funded from the State budget more effectively. The census allowed for fictitious employees to be removed from the payroll and thus for resources to be saved.

120.New information and communication technologies have been introduced to improve public finance management and give the financial authorities greater control over financial flows and payment procedures relating to customs, taxation and the treasury. The second strategic focus of the National Development Plan for the period 2017–2023 was to strengthen good governance and the rule of law.

4.Other measures

Adoption of the Constitution of the Fifth Republic

Adoption of the Criminal Code and the Code of Criminal Procedure, which have facilitated the punishment of corruption

Establishment, in the Code of Transparency and Good Governance in Public Finance Management, of penalties for any failure to report “any offence of a criminal nature relating to the management of public funds”

5.Key institutions

(a)Ministry of Finance and the Budget

Reorganization of the Inspectorate General of Finance following the dissolution of the General State Inspectorate

(b)Ministry of Justice and Human Rights

Availability of a pool of judicial experts specialized in the prosecution of economic and financial offences

Court of Audit, tasked primarily with monitoring public finances and punishing those responsible for misappropriating public funds

(c)National Financial Investigation Agency

The Agency serves as a financial intelligence unit responsible for monitoring financial flows

(d)Independent Anti-Corruption Authority

The Authority’s mission is to build a sense of ethical conduct in public life and combat corruption and misappropriation of public funds.

6.Other good practices

121.A toll-free number was set up by the Transitional Military Council in November 2021 to enable citizens to report any issue or event that might impede the smooth functioning of the State, including illegal roadblocks, abuses of authority, cases of corruption, scams and gender-based violence. The 116 number is available free of charge to all citizens nationwide at all times.

7.Suggestion boxes

122.The General State Inspectorate has installed postboxes that citizens can use to share information or submit reports anonymously in a number of public places and ministries.

8.Awareness-raising workshops with civil society

123.The Government is also working with civil society to raise awareness of the importance of fighting corruption.

L.National human rights institution

124.Instituted under the Constitution of 2018 and retained in the Constitution of the Fifth Republic, the National Human Rights Commission is governed by Act No. 028/PR/2018 of 22 November 2018, which brought the institution into line with the Paris Principles. The Commission is an independent administrative authority responsible for the protection and promotion of human rights and fundamental freedoms and is currently pending A status accreditation.

125.Article 11 of the aforementioned Act provides that “all members of the National Human Rights Commission, with the exception of two independent figures, shall be drawn from the following civil society organizations, corporations and bodies:

Human rights organizations (two members)

Organizations for the defence and promotion of women’s rights (one member)

Organizations of persons with disabilities (one member)

Trade unions (one member)

Professional media organizations (one member)

Teaching staff from law faculties at public universities (one member)

Chad Bar Association (one member)

The judges’ association (one member)

These members shall be appointed by an ad hoc committee following a public call for candidates.”

126.Currently, 4 of the 11 members of the Commission (36.36 per cent) are women, making it one of the national institutions within which women are best represented. Additionally, one of the three members of the executive board is a woman, with responsibility for financial and administrative matters, and women have been elected to chair two of the four subcommittees, namely the subcommittee for the prevention of torture and inhuman, cruel and degrading treatment and the subcommittee for the promotion of gender equality.

M.Conflicts between nomadic and other groups

127.The issue of conflicts between nomadic and other groups is a major concern for the Government of Chad. Owing to climate disruption and a growing animal population, conflicts are frequent in the southern, central and eastern regions of the country. Faced with this situation, the Government has deployed defence and security forces to limit the damage. Those involved in such conflicts are prosecuted and convicted, as was the case with those involved in the conflict in the village of Sandana.

III.Other recommendations

A.Follow-up to the Durban Declaration and Programme of Action

128.In implementation of the Durban Declaration and Programme of Action, the Government of Chad is focusing its efforts to combat racism, racial discrimination, xenophobia and intolerance on several key areas. Initiatives and measures taken include:

(a)Strengthening legal and institutional frameworks: The Government has been working to improve its laws and institutions with a view to better protecting the rights of victims of racial discrimination;

(b)Awareness-raising and education.

129.Numerous awareness-raising campaigns and educational programmes have been launched to promote tolerance and inclusion. These initiatives are designed to inform the public about the dangers of racism and discrimination, foster a culture of respect and encourage diversity. To this same end, the Observatory for the Promotion of Gender Equality and Equity, established pursuant to Decree No. 2210/PCMT/PMT/MFFPE/2022 of 19 July 2022, is tasked with monitoring, overseeing and evaluating progress in the area of gender equality and equity. The activities of the Observatory, which is known to the public, serve to strengthen social cohesion and to mobilize the resources needed to ensure its sustainability.

130.The key national authorities and actors incorporate the data provided by the Observatory into development policies, strategies, programmes and plans to reduce gender inequalities and consolidate the peacebuilding process.

131.The first step in the establishment of the Observatory’s operational team was the appointment of its executive secretary and deputy executive secretary pursuant to Decree No. 2036/PT/PM/MGSN/2023 of 20 July 2023. Since then:

(a)246 actors (representatives of civil society, sector ministries, the National Human Rights Commission and local authorities as well as members of parliament) have been mobilized;

(b)have taken part in awareness-raising activities, and;

(c)have assumed a mandate to help the Observatory to fulfil its mission to monitor, oversee and evaluate progress in the area of gender equality and equity;

(d)42 members of parliament from four National Transitional Council commissions have taken part in awareness-raising activities to learn about;

(e)the role of the Observatory and the challenges associated with its establishment, and;

(f)have undertaken to make sufficient resources to assure its continued operation available to the Observatory;

(g)58 actors from sector ministries and the National Human Rights Commission have taken part in awareness-raising activities to learn about;

(h)the Observatory and gender mainstreaming in public policy, and;

(i)the key members of the Observatory (the President of the Advisory Council and the Executive Secretary) have enhanced their knowledge of how best to fulfil the mandate of the Observatory;

(j)through a mission to brief and exchange best practices with the Equity and Gender Observatory in Côte d’Ivoire.

B.Civil society participation

132.The Government works closely with civil society organizations to ensure the effective implementation of anti-discrimination measures. These organizations play a crucial role in monitoring and evaluating progress achieved.2 The Ministry of Justice and Human Rights has a division responsible for collaboration with civil society organizations. Created by decree in 2019, the permanent secretariat for non-governmental organizations (NGOs) and humanitarian affairs is the governmental body mandated to coordinate, plan and monitor the activities of NGOs and humanitarian affairs.

C.Victim support

133.Measures taken to offer legal and psychological support to victims of racial discrimination include assistance services and rehabilitation programmes provided by the relevant departments of the ministries with responsibility for justice and social action.

134.These efforts demonstrate the Government’s commitment to upholding the principles enshrined in the Durban Declaration and fostering a more just and equitable society.

D.Dialogue with civil society

135.In 2011, the Government of Chad issued Decree No. 3912/PR/PM/MDHLF/2011 of 12 December 2011, establishing the Committee for Monitoring International Human Rights Instruments, which was tasked with preparing reports for submission to the treaty bodies. In 2022, this Committee was updated under Decree No. 4954/PCM/PMT/MJDH/2022, establishing the Committee for Monitoring the Implementation of International Human Rights Instruments and Drafting Reports to Treaty Bodies, which expanded the scope of the Committee’s activities. Its remit now encompasses the following:

(a)Overseeing the implementation of international human rights instruments to which Chad is a party;

(b)Drafting the national reports to be submitted, within the agreed time frame, to the bodies of the United Nations, the African Union and all other international human rights organizations with competence to make recommendations following review;

(c)Disseminating these reports and the recommendations resulting from their review;

(d)Formulating recommendations for the Government on bills to be adopted with a view to harmonizing national legislation with international human rights instruments;

(e)Making proposals to the Government for the ratification of conventions to which Chad is not a party;

(f)Disseminating recommendations, conventions and laws relating to the protection and promotion of human rights.

136.The Interministerial Committee’s members include one trade union representative and three civil society representatives. Under the new framework established by the Government, the Interministerial Committee met several times for the purpose of drafting this report.

137.In addition to this Interministerial Committee, all institutions established by the State include representatives of civil society organizations, including the following:

The National Electoral Management Agency

The National Human Rights Commission

The Multisectoral Committee for Combating Trafficking in Persons

The Independent Anti-Corruption Authority

The National Child Protection Coordination Office

138.Consultations between the Government of Chad and civil society organizations regarding the International Convention on the Elimination of All Forms of Racial Discrimination are essential to ensure effective and inclusive implementation of the country’s commitments. Key elements of these consultations include:

(a) Active participation:

Civil society organizations play a crucial role, bringing in diverse perspectives and representing the voices of communities affected by racial discrimination. Their input ensures that policies and measures adopted are relevant and meet the real needs of the people

(b) Evaluation and follow-up:

The consultations provide an opportunity to take stock of progress achieved and identify persistent challenges. Civil society organizations contribute to the evaluation of action taken and propose recommendations to improve the effectiveness of anti‑discrimination measures

(c) Capacity-building:

The consultations also provide an opportunity to build the capacity of civil society actors in the field of human rights and the fight against discrimination. Training workshops and information sessions are held on a regular basis to improve understanding and the application of international standards

(d) Constructive dialogue:

Dialogue between the Government and civil society fosters better mutual understanding and closer collaboration, making it possible to develop joint strategies and mobilize resources to combat racial discrimination more effectively. Examples include the 2022 National Forum on Human Rights and the annual celebration of Human Rights Day

(e) Advocacy and awareness-raising:

Civil society organizations have a key role in advocating for more inclusive policies and raising public awareness of racial discrimination issues. They organize campaigns and events to foster tolerance and equality

The consultations are thus a central element of the country’s strategy for fulfilling its international commitments and promoting a more equitable society

(f) Competence of the Committee on the Elimination of Racial Discrimination to consider individual complaints:

The Government is committed to recognizing the competence of the Committee to consider individual complaints

(g) Amendments to article 8 of the Convention:

Continuing its drive to comply with the recommendations resulting from the Committee’s consideration of the country’s second report, the Government has set in motion the process of ratifying the amendments to article 8 (6) of the Convention;

(h) Prospects for implementation of the recommendations:

By ratifying the Convention, the Government of Chad undertook to continue its efforts to combat racial discrimination. It remains ready and open to translate into action the relevant recommendations that may emerge from the consideration of this report.