Human Rights Committee

Third periodic report submitted by Chad under article 40 of the Covenant, due in 2018 *

[Date received: 31 August 2023]

Contents

Page

Introduction3

I.Some improvements regarding the legal and institutional framework for the protection and promotion of human rights in Chad3

A.Normative framework4

B.Institutional framework6

II.Replies of the Government of Chad to the concluding observations and recommendations of the Human Rights Committee9

III.Specific information on the implementation by Chad of the various articles of the International Covenant on Civil and Political Rights17

Introduction

1.This is the third periodic report of Chad, submitted under article 40 of the International Covenant on Civil and Political Rights, in accordance with the General Guidelines regarding the form and content of periodic reports adopted by the Human Rights Committee.

2.This report covers the period from 2014 to 2023 and responds to the concluding observations and recommendations made following the review of the second periodic report.

3.The report highlights the main measures adopted in Chad since the submission of the country’s last report, in 2013, as well as all new facts and practices since the consideration of the second periodic report.

4.The Human Rights Committee considered the second periodic report of Chad (CCPR/C/TCD/2) at its eighty-sixth session, held on 16 and 17 October 2013, and adopted its concluding observations during its 110th session, held on 10 and 28 March 2014. The following concluding observations were made:

The Committee welcomed the timely submission of the second report of Chad (CCPR/C/TCD/2) and the information contained therein.

The Committee also expressed appreciation for the high level of the State party’s delegation and its dialogue with the Committee on the implementation of the provisions of the Covenant.

The Committee welcomed the frank interactive dialogue with the delegation of Chad on various issues relating to civil and political rights.

The Committee noted that, in accordance with article 222 of the 1996 Constitution, the Covenant takes precedence over national law, thus affirming the superior authority of the Covenant over domestic laws.

In its report on the meeting, the Committee noted the positive aspects of the State party’s report on the promotion and protection of civil and political rights.

5.The Committee expressed its gratitude to the State party for its written replies (CCPR/C/TCD/2/Add.1) to the list of issues (CCPR/C/TCD/Q/2), which were supplemented by the oral responses provided by the delegation.

6.This report was drawn up by the Interministerial Committee under the coordination of the Ministry of Justice and Human Rights, with technical and financial support from the country office of the Office of the United Nations High Commissioner for Human Rights (OHCHR). The contributions of civil society organizations engaged in questions related to human rights are worthy of note.

7.The Interministerial Committee collected data and drew up a draft report, which it submitted to all stakeholders for validation at a workshop.

8.The report is divided into three parts:

The first part presents information on the progress made by the Government in promoting and protecting civil and political rights.

The second part deals with the responses to the Committee’s concluding observations and recommendations.

The third part gives information related to the implementation of the Covenant.

I.Some improvements regarding the legal and institutional framework for the protection and promotion of human rights in Chad

9.Considerable efforts have been made to improve the regulatory and institutional framework since the submission of the second report, in 2013.

A.Normative framework

10.This section covers constitutional provisions, the Transitional Charter, international and regional instruments and national legislation.

1.Constitutional provisions and the Transitional Charter

11.The constitutional history of Chad has substantially evolved, without undermining its fundamental principles, including respect for human rights. The preambles to the 1996 and 2018 Constitutions and the revised 2021 Transitional Charter affirm the major principles contained in the 1948 Universal Declaration of Human Rights and subsequent international human rights conventions.

12.These values and principles are:

The right to a fair hearing by an impartial tribunal

Freedom of expression, the press, assembly and association

Freedom and security for every individual

The prohibition of any illegal command or order

The right to freedom of movement

The inviolability of the home and secrecy of correspondence

The principle that no offence or penalty can exist outside the law

The non-retroactive nature of the law

Freedom of opinion, belief and conscience

Freedom of association and the right to strike

The right to a healthy environment

Environmental protection

The protection of minorities

The protection of indigenous peoples

2.International and regional instruments

13.Chad has ratified a series of international conventions and related regional instruments.

14.At the international level:

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

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

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

The United Nations Convention against Corruption, on 21 May 2018

The 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, etc.

15.At the regional level:

The tripartite judicial cooperation agreement between Chad, Mali and Niger, on 9 May 2017

The Protocol to the African Charter on Human and People’s Rights on the Establishment of an African Court on Human and Peoples’ Rights, on 27 January 2016

3.National legislation

16.After the submission of the second periodic report, a number of domestic laws were passed to protect and promote civil and political rights in Chad. These are:

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

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

Act No. 029/PR/2015 of 21 July 2015 prohibiting child marriage

Decree No. 142/PR/2014 of 19 February 2014 establishing the terms of application of Act No. 008/PR/2013 of 10 May 2013 on civil status in Chad

Act No. 005/PR/2015 of 4 February 2015 on the protection of consumers’ rights

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

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

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

Constitutional Act No. 02/PR/2018 of 4 May 2018 adopting the Constitution of the Fourth Republic

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

Act No. 015/PR/2018 of 31 May 2018 on the powers, organization and functioning of the Supreme Court

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

Act No. 001/PR/2017 of 8 May 2017 on the Criminal Code

Act No. 012/PR/2017 of 14 July 2017 on the Code of Criminal Procedure

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

Ordinance No. 030/PR/2018 of 30 November 2018 creating an Independent National Electoral Commission

Act No. 045/PR/2019 of 31 December 2019 on the Electoral Code

Ordinance No. 020/PR/2018 of 7 June 2018 on the charter for political parties

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

Ordinance No. 023/PR/2018 of 27 June 2018 establishing the regulations for associations

Act No. 22/PR/2018 of 22 May 2018 on gender parity in elections and appointments to office in Chad

Ordinance No. 038/PR/2018 of 10 August 2018 creating administrative units and autonomous communities

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

Act No. 019/PR/2018 of 10 January 2019 ratifying Ordinance No. 043/PR/2018 of 31 August 2018 on the outline law on agriculture, forestry, livestock and fisheries

The Transitional Charter

Act No. 005/PCMT/2022 of 19 May 2022 on the organization of military justice

Act No. 006/PCMT/2022 of 19 May 2022 on the Military Criminal Code

4.Regulatory measures

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

Decree No. 1010/PR/PM/MJDH/2014 of 4 September 2014 setting up courts and establishing their territorial jurisdictions

Decree No. 3143/PR/2022 of 7 October 2022 setting the terms and conditions for implementing Act No. 008/PR/2013 of 10 May 2013 on civil status in Chad

Order No. 009/PR/MJCDH/DG/DDH/2019 of 15 January 2019 on the means of designation of representatives of human rights defence associations in bodies within the National Human Rights Commission

Order No. 115/PR/PM/MASSNE/SE/SG/DE/2013 of 10 October 2013 establishing working groups

Order No. 064/PR/PM/MFFSN/SG/DGASSN/DE/2016 of 5 September 2016 establishing child protection committees in all of the regions of Chad

Order No. 114/PR/PM/MIMASSNF/SE/SG/DE/2013 of 10 October 2013 establishing a pilot committee for the mapping and evaluation of the child protection system

Order No. 22/PR/MFPPESN/DG/DGTASN/DE/2019 of 14 May 2019 establishing a national coordination body for child protection in Chad

Order No. 060/PR/MJCDH/DG/DDH/2019 of 2 May 2019 establishing law and justice access offices under the Appeals Court

Presidential Directive No. 008/PR/EMP/2013 of 10 October 2013 on respect for the minimum age of recruitment into the Chadian National Army

Circular note No. 005/MJ/IG/2013 of 30 October 2013 on the failure of judicial police authorities, court officers and others to comply with the time limit for police custody

B.Institutional framework

17.The country’s legal arsenal provides for the promotion and protection of civil and political rights. It aims to strengthen democratic political institutions: an independent judiciary, a Supreme Court guaranteeing the application of and respect for the fundamental law and national human rights institutions.

1.Strengthening democratic political institutions

18.The Chadian people exercise their sovereignty either by electing the President of the Republic and the members of the National Assembly by direct universal suffrage, or by referendum. With the transition, the National Transition Council acts as the National Assembly.

19.The President of the Republic, as Head of State and Head of Government, derives his power from the people of Chad. Article 66 of the Constitution of the Fourth Republic states that “the President of the Republic is elected for a six-year term, renewable once”. In accordance with the revised Transitional Charter, executive power is vested in the President of the transition.

20.The President of the transition is the guarantor of national unity. He determines and conducts the nation’s policy and ensures compliance with the Constitution/Transitional Charter; he ensures compliance with international treaties and agreements. He appoints the members of the Government, determines their powers and duties and terminates their functions.

21.The members of the Government are responsible to the President of the Republic (art. 85 (2)).

22.Under article 72 of the Transitional Charter, legislative power is exercised by the National Transition Council.

23.Legislation is initiated by both the Government and the National Transition Council. Article 127 of the Constitution sets out the matters that fall within the scope of the law, including the rights and fundamental guarantees and obligations of citizens, namely:

The civil rights and fundamental guarantees for citizens, for the exercise of public freedoms

The constraints imposed on the person and property of citizens for the nation’s defence

Nationality, personal status and capacity, matrimonial regimes, inheritance and donations

The Family Code

The determination of criminal offences and the penalties applicable to them, criminal procedure, amnesty, the creation of new court orders and the status of magistrates

The prison system

The basis of assessment, rates and collection procedures for taxes of all kinds

The system for issuing currency

The establishment of new categories of public establishments

Nationalizations of enterprises and transfers of ownership from the public to the private sector

Fundamental guarantees for civil servants and military personnel

The electoral system

The procedure for the recognition of customary practices and for bringing them into line with the principles of the Constitution

States of siege and states of emergency

24.The law establishes fundamental principles for:

The administrative organization of the country’s territory

The general organization of the national defence

The free administration of local authorities, their powers and resources

Urban planning and land use

The charter of political parties and the regulations for associations and the press

Education and scientific research

Public health, social affairs and the rights of the child

The social security system

The system for property ownership and property law, and civil and commercial obligations

Environmental protection and conservation of natural resources

The land tenure system

The public domain system

Mutual insurance, savings and credit

Labour and trade union law

Culture, arts and sports

Transport and telecommunications regulations

Agriculture, livestock, fisheries, wildlife, water and forests

2.An independent judiciary

25.Article 146 of the Constitution of the Fourth Republic provides for the independence of the judiciary from the executive and legislative branches. It is exercised by a single order of courts composed of the Supreme Court, the Courts of Appeal, the Tribunals and magistrates’ courts (Constitution, arts. 157 and 168, and Transitional Charter, art. 105).

3.National Human Rights Commission

26.Established by Act No. 031/PR/1994 of 30 September 1994, the National Human Rights Commission was brought into line with the Paris Principles by Act No. 028/PR/2018 of 22 November 2018 on the organization, powers and functioning of the Commission. It has been elevated to the rank of one of the Republic’s key institutions. It is operational and enjoys full autonomy.

27.Composed of 11 members elected by their peers, the Commission’s objective is to promote and protect human rights by formulating opinions on human rights issues for submission to the Government and to assist the Government in its work on human rights questions in Chad, with national and international institutions.

4.Other institutions for the promotion and protection of human rights

(a)High Authority for Media and Broadcasting

28.The High Authority for Media and Broadcasting is composed of nine members who are communication professionals, independent persons or persons involved in private or public media, audiovisual technicians, members of the judiciary and a figure from the world of culture, arts and letters. It ensures compliance with ethical rules and legislation in the field of information and communication, regulates access to and the exercise of the profession of journalism and guarantees freedom of the press and the pluralistic expression of opinions within the framework of respect for national cultural values, public order and the private life of citizens.

29.The High Authority is also responsible for: regulating communication between public authorities, media outlets and the public; ensuring equal access to public media for political parties and equitable access to public media for associations; giving technical opinions; and making recommendations on information issues.

(b)Economic, Social, Cultural and Environmental Council

30.The Economic, Social, Cultural and Environmental Council is a consultative body established pursuant to the Constitution of 1996 and retained in the Constitution of the Fourth Republic. It issues opinions on economic, social, cultural and environmental questions referred to it by the President of the Republic or the President of the National Assembly. It is made up of 25 members representing various sectors (including associations representing the interests of rural or cultural groups, persons with disabilities, women, trade unions, the banking sector, non-governmental organizations (NGOs) and the business world).

(c)Military justice

31.Military justice is one of the innovations of the Constitution of 4 May 2018. It is aimed at trying all offences committed by members of the military and crimes against State security. The first magistrates of this justice system are in training; its administration is operational.

5.National human rights policies

32.The Government of Chad has implemented several policies and programmes:

Vision 2030, “The Chad we want”

The National Development Plan adopted by the Government in July 2017 for the period 2017–2021 aiming to strengthen the foundations of economic and social growth for 2025

The National Strategy for Universal Health Coverage in Chad, adopted in 2014

The National Strategy for Social Protection 2014–2018, adopted in June 2014

The interim strategy for children’s justice, adopted by the Government in 2016

The Strategic Plan for the Development of Human Resources for Health in Chad 2013–2020

The standard operating procedure for assisting unaccompanied and separated children, adopted by the Government in May 2017

Phase II of the Chad Justice Support Project, which has several components, including access to law and justice for the poor and an increase in the number of courts in order to bring justice closer to the people, and human rights awareness and education

On 20 November 2017, the Government adopted the National Gender Policy.

The 2014 road map to combat child marriage and female genital mutilation, revised in 2018

The first road map on the implementation of the action plan on children associated with armed forces and armed groups, signed on 14 June 2012 between Chad and the United Nations system coordination office, supplemented by a second road map, signed on 10 April 2015, providing for the exchange of information and the carrying out of joint actions to combat the recruitment of children in armed conflicts

The policy for the justice sector 2017–2027

II.Replies of the Government of Chad to the concluding observations and recommendations of the Human Rights Committee

33.At its eighty-sixth session, the Committee drew up a list of observations following its consideration of the second periodic report of Chad.

Recommendation No. 1, paragraph 4

State party’s reply

34.Following the adoption of several texts, judges, prosecutors and officers of the judicial police have been trained in the various innovations thus introduced, thus taking into account the provisions of the Covenant for their application in the various courts.

35.The Government intends to organize capacity-building workshops for them, on the Act of 15 April 2018 governing legal aid and legal assistance.

Recommendation No. 2, paragraph 5

Reply

36.Chad guarantees the independence of national institutions for the promotion and protection of human rights.

Recommendation No. 3, paragraph 6

Reply

37.Chad has opted for a monistic legal system. It thus goes without saying that duly ratified treaties and agreements are incorporated into the domestic legal corpus. Better still, as soon as they are published, they take precedence over national laws, subject to reciprocal application. Even if the provisions of the Covenant have not been incorporated into the national legislation, they are invoked before the courts. For example, a service note excluded an albino student from a teachers’ school on the pretext that his physical appearance could cause fear among his future pupils. The case was referred to the Supreme Court, which ruled on 9 July 2001 that the note was discriminatory. In Chad, this Supreme Court decision has set a precedent in the fight against discrimination.

Recommendation No. 4, paragraph 7

Reply

38.In Chad, polygamy is a matrimonial regime recognized by custom. A draft Persons and Family Code is currently being reviewed. It should resolve the problems raised by the Committee. The Government has involved religious and traditional communities in the draft’s review. Prime Ministerial Order No. 7142 of 11 July 2023 established a committee to speed up its adoption.

39.The country’s fundamental law recognizes, in articles 13 and 14, the equality of Chadians of both sexes in terms of rights and obligations, the equality of everyone before the law without distinction as to origin, race, sex, religion, political opinion or social position and the obligation of the State to ensure this equality and to eliminate discrimination against women.

Recommendation No. 5, paragraph 8

Reply

40.In Chad, the practice of female genital mutilation takes the following forms:

Clitoridectomy, which consists of excising the hood of the clitoris

Partial or total excision of the clitoris, with partial or total excision of the labia minora

Infibulation, which involves excision of the clitoris, labia minora and part or all of the median part of the labia majora

41.Articles 14 and 19 of the Constitution prohibit all forms of violence against human beings in general, and specifically female genital mutilation and violence against women and children. The revision of the Criminal Code made it possible to include penalties for intentional bodily harm against minors and for gender-based violence, so as to protect women against such acts. Rape is defined and punished by articles 349 and 350 of the Criminal Code. Similarly, article 318 of the Code severely punishes female genital mutilation and child abuse. Act No. 029 ratifying Ordinance No. 006 prohibiting child marriage prohibits and punishes early or forced marriages.

42.In addition to these legislative measures, the State has a road map for combating female genital mutilation in provinces where the practice is widespread, and two policies for women and children to further combat violence against women, namely the National Gender Strategy and the National Strategy to Combat Gender-Based Violence. An awareness-raising campaign is carried out every year by the Government with the support of the United Nations Population Fund (UNFPA) and the United Nations Children’s Fund (UNICEF). Multidimensional care for women victims of gender-based violence is provided by specialized services of the government ministry responsible for social action and by private structures such as outreach centres and medical and legal clinics.

Recommendation No. 6, paragraph 9

Reply

43.Combating violence against women is a constant concern for the Government of Chad. The criminal hearings held regularly in the appeals courts thus pay particular attention to cases of violence against women. For example, at the N’Djamena Court of Appeal, out of a total of 75 cases addressed in February 2020, 45 were related to violence against women. The Maison de la Femme (Woman’s House), established in 2014, is recognized as a structure for raising awareness and for supervising and providing training and psychosocial care for victims of violence. Its radio station, “La Voix de la Femme tchadienne” (The Voice of Chadian Women), has plans for a programme of awareness-raising, education and information on the main themes relating to the personal development of women.

Recommendation No. 7, paragraph 10

Reply

44.The Government of Chad considers that abolishing the death penalty helps to promote human dignity. The Criminal Code and Act No. 003/PR/2020 of 20 May 2020 repealing Act No. 034 of 5 August 2015 have abolished the death penalty.

Recommendation No. 8, paragraph 11

Reply

45.There have been no cases of extrajudicial executions in Chad in recent years, thanks to the Government’s efforts. Indeed, whenever a case of extrajudicial execution is alleged, urgent investigations are carried out to shed light on the matter.

Recommendation No. 9, paragraph 12

Reply

46.The Government of Chad has opened a judicial investigation to ascertain who kidnapped Ibni Oumar Mahamat Saleh, who subsequently disappeared. The file was referred to the examining magistrate of the first office, who dismissed the case. An appeal was lodged. The indictment division hearing the appeal confirmed the examining magistrate’s decision to dismiss the case. In the grounds for the dismissal, the order states that the perpetrators of the kidnapping of Ibni Oumar Mahamat Saleh, who later disappeared, remain unknown.

47.To prevent cases of enforced disappearance, the Chadian legislature, through article 292 of the Criminal Code, adopted the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in the country’s national legislation. The article thus includes provisions addressing and punishing persons guilty of crimes against humanity with life imprisonment.

Recommendation No. 10, paragraph 13

Reply

48.In Chad, the provisions of articles 18 and 19 of the Constitution prohibit degrading and humiliating treatment or abuse, torture, inhuman treatment and all other forms of degradation of the human being. A case in point is that of a Chadian gendarme working for the National Judicial Research Section who was prosecuted and convicted after invoking his superior’s order as justification for torturing a lawyer. The judges rejected that argument and he was convicted of torture (correctional judgment, case No. 050/TGI/NDJ/2017, of 11 April 2017).

49.In 2016, two major events marked the fight against torture in Chad. Members of the Police Mobile Intervention Unit carried out violent acts against students, resulting in the conviction of six police officers, who subsequently served their sentences at the Moussoro prison. The second case concerns the “padlocked testicles” affair, in which the four perpetrators, who were members of the Chadian National Army, received firm sentences of 8 years of imprisonment. The sentences were subsequently revised upwards by the N’Djamena Court of Appeal to 10 years of imprisonment.

50.Article 323 of the Criminal Code similarly addresses and punishes torture with sentences ranging from 2 to 30 years, depending on the circumstances. In addition, article 15 of Act No. 12/PR/2018 of 20 June 2018 on combating human trafficking in Chad addresses and punishes acts of slavery or similar practices.

51.There is also the case of the gang rape of a student named Zouhoura by the sons of some of the country’s top officials. The perpetrators were tried and convicted.

52.In terms of compensation for victims of torture and other cruel, inhuman or degrading treatment or punishment, in 2014 the State set up a special criminal court to try agents of the Documentation and Security Directorate (DDS). The court made public its decision on 25 March 2015, sentencing 19 former DDS agents (7 to life imprisonment for murder and torture, and the rest to sentences ranging from 7 to 20 years’ imprisonment) and providing for compensation of 75 billion CFA francs (CFAF), 50 per cent of which was to be paid by the State and 50 per cent by the convicted perpetrators.

53.In the court’s conclusions, it recommended that a fund management committee should be established under the Prime Minister’s Office. This committee is still to be set up. Specific mechanisms for compensating and rehabilitating minors and to ensure that they receive medical, psychological and financial support are covered by Act No. 007/PR/99 of 1999 and by the draft Children’s Code, which is currently being adopted.

54.From 19 to 22 November 2019 the Ministry of Justice and Human Rights, in partnership with the United Nations human rights country office, held a training session on torture, inhuman, cruel or degrading treatment for 45 officials of the defence and security forces.

Recommendation No. 11, paragraph 14

Reply

55.The State party would like to make it clear that corporal punishment no longer exists in official schools. Corporal punishment is prohibited and punishable under articles 307 ff. of the Criminal Code.

Recommendation No. 12, paragraph 15

Reply

56.Concerns about prolonged and abusive pretrial detention are addressed by the new Code of Criminal Procedure of 2017. Article 282 provides that “a judicial police officer acting in a preliminary investigation, an investigation in flagrante delicto or on the basis of letters rogatory may not detain a person for the requirements of the investigation for more than 48 hours. After this period, the person shall be released or brought before the competent magistrate. The competent magistrate shall immediately be informed by the judicial police officer of any placement in police custody. The competent magistrate may authorize, for a further 48 hours, the extension of police custody for persons against whom there are serious indications of guilt. The authorization shall be given in writing after the magistrate has ensured, personally if necessary, that the detainee has not been subjected to any ill-treatment. However, in the case of flagrante delicto investigations, the extension may be granted without presentation of the person in custody, on the basis of a written or telephone instruction. Telephone instructions shall be confirmed in writing within 12 hours.”

57.With regard to the entry of the person in the register, article 285 of the new Code of Criminal Procedure provides that a record of the custody is to be drawn up. The entry specifies the time the police custody begins and the start of any extension. If there is an extension, the official report mentions the identity of the magistrate of the public prosecutor’s office who has given the authorization. It mentions the time when the public prosecutor was informed of the person’s placement in police custody, the time of a request for instructions on the person’s custody or release and the content of the instructions received from the public prosecutor. The record is to be signed by the detainee, who receives a copy. The detainee is free to share the copy with counsel.

58.Persons who have been detained have the right to be assisted by a lawyer from their first questioning by the police or public prosecutor. Detained persons have the right to contact their family members. A communication permit is issued on request by the Directorate‑General for Prison Administration.

59.Detainees have the right to be examined by an independent physician and to benefit from a medical examination as soon as they are arrested. They have access to health workers in prison. Persons who have been arrested must receive legal aid if their financial resources do not allow them to pay for a lawyer or other defender. Court-appointed lawyers’ services have been set up within the judicial system.

60.Detainees have no right of appeal against their placement in pretrial detention, although this does not prevent them from making appeals to higher authorities. There are, however, legal remedies available to detainees if they feel that their detention is unlawful.

61.Minors are held in police custody for 10 hours. The public prosecutor is immediately informed of the placement of minors in police custody and ensures that their rights are respected.

62.There are no alternatives to pretrial detention to alleviate the problem of prison overcrowding. However, Act No. 007/PR/1999 of 6 April 1999 on the procedure for prosecuting and judging offences committed by minors between the ages of 13 and 18 provides for alternative measures to imprisonment, such as handing the minor over to the father and mother, a relative or a person of good character, or alternatively to a charitable institution or a reception or observation centre.

63.Under article 313 of the Code of Criminal Procedure, preventive detention may not exceed 6 months for correctional (lesser) offences and 1 year for criminal cases. Once this period has elapsed, if continued detention is necessary, the examining magistrate may extend it by means of a reasoned order issued at the request of the public prosecutor. This extension may not exceed once, for 6 months in correctional cases, and twice, each time for 6 months, in criminal cases.

Recommendation No. 13, paragraph 16

Reply

64.As a follow-up to the Khadidja Ousmane Mahamat case, upon the delegation’s return in 2013 and in compliance with article 9 of the Covenant, the Government immediately released the young woman and entrusted her to the psychosocial service so that she could benefit from appropriate rehabilitation and social reintegration measures.

Recommendation No. 14, paragraph 17

Reply

65.To relieve prison overcrowding, the Government, with the support of the Chad Justice Support Project (PRAJUST 2), has built and refurbished several prisons. For example, Klessoum Prison entered into operation on the eastern outskirts of N’Djamena. Article 21 of Act No. 19/PR/2017 of 28 July 2017 on the prison system in Chad enshrines the separation of prisoners by categories of age, sex and nature of offences.

66.This law gives prisoners the right to visits by relatives and friends, the right to counsel and the right to medical treatment. To this end, any prisoners who feel that their rights have been violated can lodge complaints with the Director of the Prison Administration, who in turn forwards it to the public prosecutor’s office for prosecution. The prison population, estimated at over 9,000, is distributed among the country’s 42 prisons.

Recommendation No. 15, paragraph 18

Reply

67.Article 155 of the Constitution stipulates that “in the exercise of their functions, judges are subject only to the authority of the law”. With a view to bringing justice closer to the people, the Government has, by Decree No. 1010/PR/PM/MJCDH/2014 of 4 September 2014, established tribunaux de grande instance (courts of major jurisdiction) in each provincial capital, and magistrates’ courts in the sub-prefectures. In addition, nine courts of appeal have been established, five of which are operational.

68.To make it easier for citizens to access their rights, an Access to Law and Justice Bureau has been set up at each court of appeal. They provide information, guidance, legal advice and assistance to parties in legal cases.

69.By Decree No. 1460 of 1 June 2023, the Government appointed human rights delegates in the country’s 23 provinces.

Summary table of consultations, referrals and advisories at the Access to Law and Justice Bureaux

No.	Access to Law and Justice Bureau	Number of consultations, advisories and referrals recorded
1	Abéché	210
2	Mongo	99
3	Moundou	108
4	N’Djamena	411
5	Sarh	104

Source : Access to Law and Justice Division (2022).

Recommendation No. 16, paragraph 19

Reply

70.For Chad, freedom of expression and opinion is fundamental to the development of political parties, trade unions, cultural associations and generally anyone wishing to influence public opinion.

71.Freedom of the press is guaranteed by the Constitution, and the conditions for exercising it are set out in Act No. 17/PR/2010 of 5 March 2010 establishing the regulations for the press in Chad. Several public and private media outlets have been established in Chad.

72.A regulatory body called the High Authority for Media and Broadcasting has been established to replace the High Council for Communication.

73.However, article 343 of the Criminal Code states that “anyone who publishes or disseminates, by any means whatsoever, any information without being able to prove either that it is true or that he or she had valid reasons for believing it to be true, shall be liable to a prison sentence of 6 months to 5 years and a fine of 50,000 to 500,000 CFAF”.

74.It should be noted that there are no journalists currently languishing in prison for exercising their profession. Press offences were decriminalized by the law mentioned above.

Recommendation No. 17, paragraph 20

Reply

75.In camps for refugees and displaced persons, there are mechanisms in place to guarantee the promotion of their rights. We should point out that there is a “refugee committee” made up of representatives of refugees from various countries of origin, which ensures, among other things, that their rights are respected. If the rights of refugees or displaced persons are violated, it informs a “vigilance committee”, which reports the violations to the authorities. More generally, the Government has set up a project to assist sexually abused women and girls in eastern Chad, which has provided training on gender-based violence and human rights to 500 administrative and traditional authorities and religious leaders.

76.The United Nations Development Programme has also established a programme to strengthen judicial and human rights services in order to facilitate access to justice for refugees and displaced persons. The programme includes initiatives by Avocats sans frontières (Lawyers without Borders) and Maison de l’avocat (Lawyer’s House), which are working to provide access to legal remedies for refugees and displaced persons who are victims of violations in the eastern part of Chad.

(b)Continue to conduct birth registration campaigns in refugee camps and issue a birth certificate to every newborn child of refugee parents;

Reply

77.In accordance with Act No. 008/PR/2013 of 10 May 2013 on civil status in Chad, the Government, with its partners, has taken various measures to facilitate registration formalities for all, including refugees and displaced persons. Among other things, it has:

Trained civil registrars and civil registry officials

Provided registers and forms to civil registry centres

78.On 29 April 2019, the Minister of Justice and the Minister responsible for early childhood protection opened a hearing by a mobile court at the Amdjarass refugee camp, with a view to issuing late registration certificates free of charge to refugee children born in Chad. In all, 120,000 certificates were issued.

79.There was also training on the importance of civil registration for community leaders, traditional chiefs, teachers and marabouts, judicial police officers and youth association leaders from seven villages.

Table of birth certificates issued

Area	February	March	April	May	June	July	August	September	October	November	December	Overall total	Children under 1 year
Amdjarass	51	707	456	165	423	868	158	208	411	432	0	3 879
Iriba	418	783	1320	610	1249	826	911	1 057	1 079	1 294	258	9 805
Farchana	0	475	292	315	150	2 437	50	272	1 335	1 228	0	6 554
Guereda	934	594	186	1236	549	1 202	0	0	0	787	213	5 701
Goz-Beida	0	689	397	399	100	1 920	129	70	386	819	100	5 009
Bagassola	2 701	117	109	130	101	99	165	100	72	100	70	3 764	67
Goré	512	213	217	319	229	1 253	1 660	132	138	1 043	409	6 125	507
Moissala	203	65	249	167	161	196	47	174	104	179	103	1 648	290
Total	4 819	3 643	3 226	3 341	2 962	8 801	3 120	2 013	3 525	5 882	1 153	42 485	864

(c)Strengthen the National Commission for the Reintegration of Refugees and Stateless Persons (CNARR) by providing it with well-trained staff in sufficient numbers to process asylum applications in an efficient and equitable manner, and reinstitute its Subcommittee on Appeals;

(d)Expedite the adoption of the bill incorporating into national law the provisions of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention).

Reply

80.In 2011, by Decree No. 830/PR/PM/MAT/2011, Chad established the National Commission for the Reception and Reintegration of Refugees and Stateless Persons, a State institution to implement government policy on the protection and assistance of refugees and other persons of concern under the mandate of the Office of the United Nations High Commissioner for Refugees.

81.The draft law on the protection and assistance of displaced persons in Africa, in line with the Kampala Convention, is currently being drawn up.

Recommendation No. 18, paragraph 21

Reply

82.The findings of the demographic study carried out in 2014 point to the practice of child marriage in the provinces of Ouaddaï, Mandoul and Tandjilé. Thus, the State issued Ordinance No. 006/PR/2015 of 14 March 2015, prohibiting child marriage in Chad, which was ratified by Act No. 029/PR/2015 of 21 July 2015.

83.The most recent efforts in this field have been innovations to the new 2018–2021 road map, reviewed in 2018, whose first target was to reduce the prevalence of child marriage in Chad by three quarters by 2021, bringing it to under 15 per cent (compared with over 60 per cent at the outset).

84.The Government began to resolve the problem of child soldiers in 2011, by means of a road map that produced a regulatory text: Presidential Directive No. 008/PR/EMT/2013, on compliance with age conditions for recruitment into the Chadian National Army.

85.Several operations carried out by the Ministry of Defence, with support from UNICEF, have led to the removal of all children from the army. Progress has been made thanks to the memorandum of understanding signed on 10 September 2014 between the Government and the United Nations system on the transfer of children associated with armed forces and armed groups.

86.Training in child protection and the rights of the child is also provided every year to contingents due to be deployed as part of United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), for instance in August 2019, and as part of the Multinational Joint Task Force in the Lake Chad Basin. Another training course was held in Abéché in March 2020 for the soldiers of the Chad-Sudan Joint Force.

87.From 2018 to 2020, Chad demobilized and reintegrated 39 children associated with armed forces and armed groups (14 associated with the Boko Haram sect and 25 involved with the rebellion).

Recommendation No. 19, paragraph 22

Reply

88.Combating human trafficking is one of the Government’s main concerns. Human trafficking is punishable under articles 359 to 364 of the Criminal Code and the provisions of Special Act No. 012/PR/2018 of 20 June 2018 ratifying Ordinance No. 006 of 30 March 2018 on combating human trafficking in Chad. This law established the National Commission to Combat Human Trafficking in Chad.

89.It should also be noted that in 2019 the Ministry of Justice and Human Rights, with the support of the Embassy of the United States of America, held a series of training courses for magistrates, lawyers and judicial police officers in order to more effectively combat human trafficking in Chad.

90.A decisive turning point in the fight against human trafficking took place in 2019 and 2020. Perpetrators and co-perpetrators were prosecuted in several cases brought in the country’s courts (N’Djamena Tribunal de Grande Instance (court of major jurisdiction), case No. 344/2019 of 8 July 2019; case No. 549/2019 of 30 September 2019; case No. 039/2020 of 16 January 2020, detention order No. 026 of 27 March 2023; expedited investigation record No. 03/23 of 27 March 2023; and case No. 106 of 9 June 2023, investigation into human trafficking).

91.Several administrative measures have been taken against officials involved in this practice.

III.Specific information on the implementation by Chad of the various articles of the International Covenant on Civil and Political Rights

Article 1

Self-determination

92.Chad is home to several ethnic groups and there is significant linguistic and cultural diversity throughout the country.

93.The Republic of Chad is governed by the principle of a government of the people, by the people and for the people, based on the separation of executive, legislative and judicial powers (Constitution of 4 May 2018, art. 7 and revised Transitional Charter of 8 October 2022, art. 101).

94.Chad is particularly concerned about the right of peoples to self-determination. As a result, referendums are often held to enable the Chadian people to freely determine their political status. The Transitional Government is working to organize a referendum by early 2024 to decide on the form of the State.

95.The Government of Chad does not administer any autonomous territories. It respects the principle of the sovereignty of States, while establishing peaceful relations with them.

Article 2

Non-discrimination

96.Chad guarantees the equality of all human beings. Everyone enjoys the rights set forth in the Covenant, without discrimination on the grounds of race, skin colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (Constitution of 4 May 2018 and Transitional Charter of 8 October 2022, preambles).

97.The Constitution recognizes and protects persons with disabilities through the principle of the equality of citizens before the law. Article 14 provides that the State is responsible for eliminating discrimination against vulnerable groups.

98.In addition to the Constitution and the international conventions to which Chad is a party, several lesser texts ensure the protection of persons with disabilities, namely:

Act No. 013/PT/2023 of 19 June 2023 on the establishment of the National Agency for the Protection and Promotion of the Rights of Persons with Disabilities

Act No. 007/PR/2007 on the protection of persons with disabilities

Decree No. 136/PR/MCFAS/94 on the establishment of the national day of persons with disabilities

Order No. 377/MEN/DG/95 on the exemption of students with disabilities from enrolment fees

Article 3

Gender equality

99.The principle of gender equality is guaranteed under the law.

1.Legislation

(a)Constitutional provisions

100.The principle of gender equality is enshrined in the Constitution, starting from the preamble. Article 13 provides that: “Chadians of both sexes have the same rights and obligations. They are equal before the law.” This principle is enshrined in article 10 of the Transitional Charter. Article 14 provides that: “The State shall ensure that all are equal before the law, irrespective of their origin, race, sex, religion, political opinion or social status. It has the duty to ensure the elimination of all forms of discrimination against women and to protect their rights in all areas of private and public life.”

(b)Provisions of the Labour Code

101.Under article 3 of the Labour Code, “for the purposes of this Code, workers or employees are any natural persons, regardless of sex or nationality, who have undertaken to place their professional activity, in return for remuneration, under the direction and authority of a person called an employer as defined in article 4.”

(c)Provisions of the electoral law

102.The principle of gender equality also applies to the Electoral Code. Thus, all Chadians of either sex who have reached the age of 18 years and enjoy civil and political rights have the right to vote.

(d)Provisions of the law on the status of public employees

103.Under the terms of article 5 of Act No. 017/PR/2001 of 31 December 2001 on the general status of public employees in Chad, “Access to public employment is open by equal right, without distinction of sex, religion, origin, race, public opinion or social position, to all Chadians meeting the conditions laid down in Title IV of this Act, subject to conditions of physical and mental ability or the specific requirements of certain functions defined by particular statutes.”

2.Institutional measures

104.The Chadian Government has taken major steps to integrate women into national economic and social activities, ensure girls’ schooling and empower women (through income-generating activities, microcredit, awareness-raising and training). Efforts have also been made to improve maternal and infant health.

105.In the section of the Poverty Reduction Strategy Paper on the advancement of women and gender issues, it is stated that:

“Women in Chad make up 52 per cent of the population, most (80 per cent) live in rural areas and the majority of women are illiterate. They represent a very large proportion of the labour force, especially in the agricultural and livestock sector and in the informal sector: women working in these sectors make up 86 per cent of the female labour force. However, they are greatly undervalued because of the many forms of discrimination which they face. Their status is defined by a lack of political and economic opportunities and little involvement in decision-making at all levels, as well as limited access to basic social services. They continue to be victims of gender-based violence. As a result, they are more likely to be poor. The segment of the female population most affected is that of female heads of household (22 per cent according to the 1993 General Population and Housing Census). The proportion of poor households is 55 per cent, and households headed by a woman are more vulnerable to poverty (54 per cent, as opposed to 34 per cent).

The new political guidelines concerning gender are based on Millennium Development Goal 3, which calls for the reduction of inequalities in access to basic services (health, education, nutrition), non-agricultural paid employment and promotion of the participation of women in public and community life. The first priority in this case is to build the capacities of women, particularly in rural areas (the women who are most vulnerable), with a view to promoting their empowerment, followed by the representation of women in political, economic and social decision-making, as well as the inclusion of gender issues in the preparation and implementation of development policies and strategies.

The priority actions identified under this policy are: (i) improvement of the social and legal environment of women; (ii) strengthening actions to empower women; (iii) capacity-building and advocacy for gender mainstreaming in development policies and strategies; and (iv) strengthening partnerships in favour of gender equality and equity.

Priorities and objectives:

Enhancing women’s socioeconomic and legal status

Promoting gender mainstreaming in national development policies and programmes

Projects (measures and actions):

Development, adoption and implementation of the National Gender Policy

National Action Plan to Combat Sexual and Gender-Based Violence

Establishment of a National Gender Development Fund

Capacity-building for the personnel of rural and urban women’s organizations in specific fields

Promotion of schooling for girls and the functional literacy of women

Project to promote new information and communication technologies for women

Agreement with the Chadian Red Cross to promote ‘gender development’

Creation of a Gender Equality Observatory in Chad

Expected results:

National Gender Policy prepared and adopted

Action Plan for the National Gender Policy prepared and approved

Existence of gender mainstreaming mechanisms in all sectors

Women appointed to decision-making bodies at a rate of 30 per cent

Women to account for 30 per cent of parliamentarians

Prevalence of domestic violence against women reduced by 30 per cent

Reduction in the prevalence of female genital mutilation

Some 180,000 women in rural areas taught to read and write

Gender parity achieved in primary education

Increase in the income of rural women”

106.This policy is currently being implemented by the Government as a whole, through the Ministry of Gender and National Solidarity and the Ministry of Justice and Human Rights.

107.The Government and its partners run awareness campaigns to combat female genital mutilation; the campaigns are intended for administrative, security, traditional and religious authorities, while not forgetting the women themselves. These awareness-raising campaigns have produced the desired results, as the phenomenon has not been detected in recent years.

108.According to the World Health Organization (WHO) classification, the forms of female genital mutilation most commonly practised are types I and II, namely:

Excision of the prepuce, with or without partial or total removal of the clitoris

Excision of the prepuce and the clitoris and partial or total removal of the labia

(a)Key players in the fight against female genital mutilation

109.The following institutions and organizations are active in combating female genital mutilation:

The United Nations Population Fund supports the national health programme of the Chadian Association for Family Welfare and the awareness-raising prevention programmes of rural women’s groups.

The Chadian Association for Family Welfare lobbies administrative and legislative authorities for legislative improvements and awareness-raising.

The National Committee to Combat Harmful Traditional Practices works in the same fields as the Chadian Association for Family Welfare, through its decentralized bodies.

The German Agency for International Development supports women’s organizations in Sarh through its reproductive health project.

(b)Action by non-State actors to promote and protect human rights

110.A number of civil society organizations are working to promote human rights in Chad. To be more effective, six human rights organizations (the Association for the Promotion of Fundamental Freedoms in Chad, the Chadian Association for Non-violence, Chad without Violence, Chadian League of Human Rights, Action by Christians for the Abolition of Torture in Chad and the Chadian Association for the Promotion and Defence of Human Rights) have decided to form a collective to coordinate action. A radio station (FM Liberté) was established to “inform, train and educate”. The organizations regularly denounce human rights violations and draw up reports. Added to this are news publications such as the human rights column of the Association for the Promotion of Fundamental Freedoms in Chad and the newsletter of the Chadian League of Human Rights.

(c)Increasing the number of women in senior government positions

111.Act No. 012/PR/2018 of 22 May 2018 provides for parity in elections and appointments to office in Chad. Today, 13 of the 45 members of the Government are women. Of the 188 parliamentarians in the National Assembly (the third legislature), 28, or 15 per cent, are women; in the 2002 to 2011 legislature, 11, or 6 per cent, of the 155 members were women.

112.The 2011 elections saw 130 women elected as municipal councillors in 39 of the country’s municipalities, representing a proportion of 13.3 per cent.

113.Women are beginning to enter the technical and professional fields. Of the 900 officers in the Chadian air force, 17 are female. In civil aviation, a young woman is an airline pilot and is currently the captain of the presidential jet. There are around 20 women officers in the national police, including 7 colonels and several non-commissioned officers and superintendents. In the National Gendarmerie, there is only one female captain and there are many female non-commissioned officers.

114.A 2015 report by the Coordination and Monitoring Office for Humanitarian Affairs highlights that women account for 21, or 14.68 per cent, of the 143 managers of national and international NGOs operating in Chad in accordance with the law.

(d)Efforts to combat violence against women

115.The Constitution of 4 May 2018 recognizes gender equality. Other measures have been taken to underpin the provisions of the Constitution, namely:

The creation of gender-based violence committees at refugee camps

The drafting of a Personal and Family Code

The adoption of the National Policy on Gender

The adoption of Act No. 006/PR/02 on the promotion of reproductive health

Since 2006, the Government, in collaboration with its partners (international NGOs and civil society organizations), has organized a series of training sessions, think-tank workshops and forums on gender issues and gender-based violence, notably through the commemoration of 25 November and the 16 days of activism initiative.

The creation of the Ligne Verte hotline at the Sotel-Tchad telecommunications company

Seminars, awareness-raising campaigns and advocacy campaigns with opinion leaders on female genital mutilation are still being organized by the Ministry responsible for women’s affairs, in collaboration with other partners.

The construction of the Maison de la Femme centre for women in N’Djamena

The establishment of the Voix de la Femme (Women’s Voice) radio station

The coordination committee of associations of women with disabilities in Chad

The establishment, since 2000, of legal clinics throughout most of the country, by the Association for the Promotion of Fundamental Freedoms in Chad

The creation, since 2007, of help centres for victims of violence, by the Association of Female Jurists

Article 4

Derogation

116.For security reasons, and in accordance with the provisions of article 96 of the Constitution, the Government has decreed emergency measures in the provinces of Ouaddaï, Sila, Tibesti and Lac. In addition, to limit the spread of the coronavirus (COVID-19) disease, the Government decreed a curfew in the provinces of Logone Oriental, Logone Occidental, Mayo-Kebbi Est, Mayo-Kebbi Ouest, Guéra and Kanem, in the city of N’Djamena and nearby localities of Mandelia, Logone Gana, N’Djamena Fara and Guitté. In the same vein, a state of health emergency was declared throughout the country. All these measures have been implemented with strict respect for human rights.

Article 5

Recognition and interpretation

117.The preamble to the Constitution states that: “We, the Chadian people: … Reaffirm our commitment to the principles of human rights as defined by the Charter of the United Nations of 1945, the Universal Declaration of Human Rights of 1948 and the African Charter on Human and Peoples’ Rights of 1981.”

118.“Duly ratified treaties and agreements shall, upon publication, take precedence over domestic legislation, provided that those treaties and agreements are reciprocally applied.” The Covenant is therefore considered an integral part of the norms of domestic law, and as such, the rights it sets out can be invoked directly before the courts (Constitution, art. 225).

Article 6

The right to life

119.The right to life is enshrined in article 17 of the Constitution:

“The human person is sacred and inviolable.

All individuals have the right to life, the integrity of their person, security, liberty and the protection of their privacy and property.”

120.This provision was also included in article 11 of the Transitional Charter.

121.To give effect to this principle, the following offences are punishable under the Criminal Code:

Unlawful arrest and imprisonment of persons (art. 325)

Violation of domicile (art. 337)

Culpable homicide (art. 302)

Simple or aggravated assault and battery (art. 307)

Article 7

Prohibition of torture and cruel, inhuman or degrading treatment

1.Constitution

122.Article 18 of the Constitution stipulates that “No one may be subjected to abuse, degrading or humiliating treatment or torture.”

2.Criminal Code

123.Torture is a crime punishable under Chadian criminal law. Article 323 of the new Criminal Code contains a definition of torture that is in line with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Article 8

Right not to be held in slavery or in servitude

124.Forced labour and slavery are criminal offences punishable under the Chadian Criminal Code.

125.Article 19 of the Constitution provides that “no one may be held in slavery or servitude.”

126.Article 117 of the Criminal Code stipulates that “Whosoever uses violence, assault, threat or fraud to bring about or maintain, or seek to bring about or maintain, a concerted cessation of work with the aim of forcing a raising or lowering of salaries or impairing the free exercise of industry or labour shall be liable to a prison term of between 6 months and 3 years and a fine of between CFAF 50,000 and CFAF 500,000.”

127.Among other conventions, Chad has ratified the Forced Labour Convention, 1930 (No. 29), the Night Work (Women) Convention (Revised), 1934 (No. 41) and the Abolition of Forced Labour Convention, 1957 (No. 105).

Article 9

Right to liberty and security

1.Protecting individual freedoms

128.The right to protection of individual freedoms is guaranteed under articles 17 to 48 of the Constitution of 4 May 2018. Illegal and arbitrary arrest and detention are prohibited under article 22.

129.Freedom and security are guaranteed to every individual, subject to respect for the rights of others and the higher interests of the State. Violations of these rights is prohibited under the Criminal Code and the Code of Criminal Procedure.

(a)Criminal Code

130.Under the Chadian Criminal Code, anyone who infringes individual freedoms may be prosecuted for the offences of arbitrary detention and prosecution, unlawful arrest and forced confinement and unlawful violence.

(b)Code of Criminal Procedure

131.In order to effectively combat the harm caused by infringements of the freedoms mentioned above, articles 371, 372 and 373 of the Code of Criminal Procedure contain provisions enabling victims to obtain compensation for the harm they have suffered.

2.Restriction of individual freedoms

132.Individual freedoms are guaranteed by law without distinction. By virtue of the principle of the legality of offences and penalties, only the law can restrict them.

Article 10

Treatment of detainees

133.Prison administration staff include managers, inspectors and guards.

134.Since 2009, the Chadian Government, with the support of the Programme to Support Justice in Chad (PRAJUST), has been pursuing a policy to restructure the prison system along three main lines: rebuilding or refurbishing prisons, introducing specific legislation for the prison system and training qualified staff.

1.Legal framework for the protection of the rights of detainees

135.Act No. 019/PR/2017 of 28 July 2017 on the prison system in Chad establishes the regime applicable in the prison system and sets out its responsibilities.

136.Detainees have rights, including the rights to information, clothing, hygiene and sanitation, health and medical assistance, exercise and leisure, religious worship, legal assistance, education and social reintegration, and the right to take legal action before the civil courts.

2.Training and reintegration

137.Training for prison staff is aimed at giving professional standing to a function that has long remained without legal status.

138.Under the above-mentioned Act No. 019/PR/2017 of 28 July 2017 on the prison system in Chad, “social reintegration must be supported and accompanied by the State, which shall make available to all rehabilitated detained persons who intend to engage in meaningful activity the necessary means to regain a place in their communities of origin.”

Article 11

Inability to fulfil a contractual obligation

139.In Chad, failure to fulfil a contract is a matter of civil law. Thus, the inability to fulfil a contractual obligation cannot be grounds for imposing a prison sentence. Such is indeed the legal position and the position of the governmental authorities.

140.Chad has ratified the Treaty on the Harmonization of Business Law in Africa. The Treaty’s Uniform Act on Simplified Recovery Procedures and Measures of Execution establishes rules in the event of breaches of contracts between commercial parties.

141.In Chad, imprisonment for debt is governed by article 334 of the Code of Civil Procedure: “Upon application by the prosecuting creditor, the president of the civil court responsible for enforcement may, by reasoned order, authorize the civil imprisonment of a bad faith debtor, without prejudice to the penalties laid down in article 313 of the Criminal Code.”

142.Article 313 of the Criminal Code states that “Any persons who, from the date of the notice to pay or the start of judicial proceedings, have concealed, diverted or dissipated by any means all or part of their assets with the intention of defrauding their creditors shall be liable to the penalties laid down for fraud. Prosecution may not proceed unless a complaint is filed by the person concerned and shall be halted by the payment of the debt or the performance of the obligation by the debtors in person or by any other persons on their behalf.”

143.The duration of the imprisonment for debt is governed by article 643 of the Code of Criminal Procedure.

Article 12

Right to liberty of movement and freedom to choose one’s residence

144.Freedom of movement is guaranteed by article 48 of the Chadian Constitution, which provides that all Chadians have the right to move freely within the national territory and to leave and re-enter the country.

145.Freedom of movement is not reserved for nationals alone. The Chadian Government has always been committed to the principle of liberty of movement.

146.The principle of freedom of movement also flows from Decision No. 03/CCEG/VI/90 of 26 January 1990 on the free movement of persons within the Economic Community of Central African States.

147.Central African Economic and Monetary Community (CEMAC) Regulation No. 01/08-UEAC-042-CM-17 amending Regulation No. 1/00-CEMAC-042-CM-04 on the establishment, administration and issuance of the CEMAC passport provides in article 2 that “The CEMAC passport allows the bearer to move freely without a visa within the CEMAC area. To that effect, it may take the place of an identity card.”

148.Decree No. 211/INT.-SUR of 4 December 1961, setting the conditions for the admission of foreigners to stay in Chad, makes a distinction between foreigners enjoying a privilege and those without any privilege. Article 1 thus provides that “To be admitted into the territory of the Republic of Chad, all aliens must produce:

(a)Where they enjoy a privileged status:

A national passport or a national identity card

Proof of repatriation coverage

An international vaccination certificate (smallpox and yellow fever)

In addition, where the aim is residence:

A copy of their criminal record dating from within the past three months

A work contract or evidence of professional activity

(b)Where they do not enjoy a privileged status:

A valid national passport bearing a category 1, 2 or 3 visa, as defined in Decree No. 110 of 2 June 1961

Proof of repatriation coverage

An international vaccination certificate (smallpox and yellow fever)

In addition, where the aim is residence:

A copy of their criminal record or equivalent document, with an official translation in French

A work contract or evidence of a professional activity”

149.The Decree provides for administrative measures such as escort to the border and expulsion. However, in the event of non-compliance with immigration laws, the courts may apply the above-mentioned measures, without prejudice to other penalties.

150.Order No. 3109/INT.-SUR of 4 December 1961, regulating the implementation of Decree No. 211/INT.SUR of 4 December 1961 setting the conditions for the admission of foreigners to stay in Chad, adds as conditions for entering the territory three 4cm-by-4cm full-face identity photos and, for foreigners wishing to set up their own business, any such document as may be required to show the lawfulness of their occupation and the truthfulness of statements concerning their means of existence.

Article 13

Right of foreigners not to be expelled arbitrarily

151.Article 50 of the Constitution provides that: “The right of asylum is granted to foreign nationals under the conditions determined by law. The extradition of political refugees is prohibited.”

152.In addition to the extradition procedure set out in the Criminal Code, the extradition agreement between States members of CEMAC is applicable in Chad.

153.The purpose of extradition is to bring to justice a person who has committed an offence, in order to enforce a prison sentence or a final detention order (extradition “for enforcement”). Within the CEMAC framework, there is the extradition agreement between the member States, supplemented by the judicial cooperation agreement, the national legislation of the member States and the multilateral international conventions to which the CEMAC member States are party.

154.It should be noted that a refugee or foreigner legally residing in Chad may be expelled for reasons of national security or public order.

Article 14

Right to a fair trial

155.The right to a fair trial is guaranteed in Chad in several respects.

1.Legal guarantees of a fair trial

(a)Constitutional guarantees

156.Article 25 of the Constitution provides that “all accused persons are presumed innocent until proven guilty following a regular trial offering essential guarantees for their defence”.

157.The Constitution states:

In article 146, that “the judiciary is independent of the executive and legislative branches of Government”

In article 147, that “a single class of courts is established, the highest of which is the Supreme Court”

In article 148, that “judicial power is exercised in Chad by the Supreme Court, courts of appeal, ordinary courts and magistrates’ courts”, which are the guardians of freedom and individual property and ensure respect for fundamental rights

In article 149, that “justice is delivered in the name of the Chadian people”

(b)Legislative guarantees

158.Act No. 011/PR/2013 of 17 June 2013, the Code for the organization of the judiciary, as amended by Act No. 008/PR/2020 of 9 June 2020, provides that “justice is delivered in the name of the Chadian people. Only courts established in accordance with the law may hand down sentences.” It also states that “justice is administered in the Republic of Chad by a single class of courts, which includes the Supreme Court, courts of appeal, courts of first instance, labour courts, commercial courts and magistrates’ courts.”

2.Standards guaranteeing a fair trial

159.A number of standards help to ensure fair trials in Chad. They relate, inter alia, to:

The independence and impartiality of the courts

The competence of judges

The use of public hearings or, exceptionally, hearings in camera

The presumption of innocence and due process guarantees

The guaranteed right of appeal

Reparation of miscarriages of justice and improper procedures

The principle of res judicata

(a)Independence of the courts

160.By virtue of the principle of the strict separation of powers enshrined in article 146 of the Constitution, the judiciary is an independent branch.

161.Disciplinary cases involving judges are referred to the Supreme Council of Justice.

162.Act No. 005/PR/98 of 7 July 1998 on the organization and functioning of the Supreme Council of Justice provides as follows:

Article 1: The Supreme Council of Justice is presided over by the President of the Republic.

The Minister of Justice is ex officio the first Vice-President.

The President of the Supreme Court is ex officio the second Vice-President.

Article 2: The Supreme Council of Justice further comprises eight titular members and eight alternate members, elected by their peers in the following proportions:

Supreme Court: two titular members, two alternate members;

Court of Appeal: three titular members, three alternate members;

Courts of Justice: two titular members, two alternate members;

Magistrates’ Courts: one titular member, one alternate member.

(b)Impartiality of the courts

163.The impartiality of the courts is guaranteed by the separation of prosecution, investigation and criminal trial. It is also ensured by the recognized right of litigants to bring before the presiding judge challenges against judges, requests that their case be heard by a different court and claims for damages.

Separation of prosecution, investigation and trial

164.Investigations, prosecutions and judgments are separated. The investigation is conducted by the examining magistrate, the prosecution is in the hands of the Counsel for the State (the public prosecutor) and the judgment is handed down by the judge.

Challenging of judges

165.Article 43 of the Code of Criminal Procedure sets out the possible grounds for challenging a judge. It reads as follows:

Judges may be challenged for the following reasons:

(1)Where they themselves, or as the representative of another person, or in the person of their spouse or someone close to them or in any other capacity, have an interest in the dispute;

(2)Where they have been involved in the proceedings as public prosecutor or as trial judge or as arbitrator or counsel, or have given evidence as a witness concerning the facts of the case;

(3)Where the judge or someone close to the judge is involved in litigation concerning facts similar to those in the case in question;

(4)Where the judge or someone close to the judge is in a situation of dependence in relation to one of the parties;

(5)Where the judge or someone close to the judge is involved in proceedings before a court where one of the parties is a judge;

(6)Where there exists between the judge or someone close to the judge and one of the parties or someone close to that party a friendship or hostility sufficient to give cause to suspect the judge’s impartiality.

Training of judges and public prosecutors

166.In the past, members of the judiciary had been trained at the National School of Administration and Magistracy. However, following the changes introduced under Act No. 032/PR/2009 establishing the National Institute of Judicial Training, their training began to be provided by that Institute. The Institute is responsible for the initial and continuing training of judges, court clerks, lawyers, notaries, bailiffs and other judicial personnel.

Presumption of innocence

167.The presumption of innocence in criminal matters is a principle enshrined in the Constitution, according to which every accused person is presumed innocent until found guilty during a trial conducted in strict compliance with due process. The principle is also set out in article 15 of the Transitional Charter.

Burden of proof

168.The legal principle that “the burden of proof shall be upon the party who institutes a criminal action” is applied by the courts. It falls to the prosecution, with the assistance of the victim of the offence, to prove the guilt of the defendant. The defendant always has the benefit of the doubt.

Right to a hearing

169.Suspects present their defence after the court clerk has read out the police report, where one exists, and witnesses for the prosecution and defence then follow. This arrangement allows suspects to call witnesses.

170.When the presiding judge considers that sufficient time has been allowed for the hearing, civil parties are heard at their own request; the public prosecutor’s office, if represented, then makes submissions. If the office is not represented and the prosecutor has made written submissions to the court, the court clerk reads them out.

171.Defendants then present their defence. The person who has civil liability and the civil liability insurer make their concluding statements, where applicable. In the event of replies, the defendant or defendant’s counsel must always be allowed to speak.

Guarantee of due process

172.All persons charged with a criminal offence are entitled to the following minimum guarantees:

To be informed promptly, in a language that they understand, of the nature and cause of the charge against them

To have adequate time and facilities to prepare their defence

To communicate with counsel of their choosing

To be tried without undue delay

To be tried in their presence

To question or have questioned the witnesses against them and to obtain the attendance of witnesses on their behalf

Not to be compelled to testify against themselves or to confess guilt

Information concerning the nature and cause of the charge

173.In criminal cases, the requirements relating to the communication of this information vary, depending on whether or not the suspect is in custody.

Service of process by a bailiff

174.In criminal cases, accused persons not in pretrial detention are served by the bailiff with either a summons or a judgment concerning a trial in absentia. According to article 191 of the Code of Criminal Procedure, “unless otherwise provided by law, summonses and notices shall be served by bailiffs”.

Judges and prosecutors

175.The Code of Criminal Procedure requires examining magistrates to inform the defendants of the charges against them and their right to remain silent. Similarly, after the preliminary investigation, defendants are informed of the charges against them before being sent before a court.

176.In practice, judges must read out the charges to accused persons at their first hearing and grant any requests for adjournment made by them to allow for the preparation of their defence.

(c)Time needed for the preparation of a defence

During the preliminary investigation

177.Article 303 of the Code of Criminal Procedure reads as follows:

When accused persons first appear before examining magistrates, the examining magistrates shall establish their identity, expressly inform them of the acts that they are accused of having committed and take a statement from them.

The examining magistrates shall notify them of their right to retain a lawyer if they are not assisted by defence counsel.

(d)Appointment of counsel and communication with the client

Appointment of counsel

178.The assistance of counsel is mandatory in all cases brought before the Supreme Court and all cases involving serious offences brought before trial courts.

Mandatory assistance

179.According to article 42 of the Code of Criminal Procedure:

Any defendant or accused person and any civil party have the right to choose counsel from among lawyers authorized to provide legal services in accordance with the regulations of the Bar Association.

Lawyers stating that they represent a party need not provide proof. They represent the parties when authorized to do so, without needing to show power of attorney, unless expressly required by law.

Accused persons or civil parties may at any time communicate the name of their counsel and, if they choose several persons to act as counsel, the name of the person to whom notices, summonses and notifications should be sent.

180.Article 56 provides that “any person accused of an offence who shows need may have the assistance before the court of a court-appointed attorney, where one is available at the seat of the court and within the limits of the burden that may reasonably be imposed upon such attorney”.

181.Article 57 reads as follows:

In criminal hearings, the assistance of counsel is mandatory.

If no lawyer or too few lawyers reside at the seat of the criminal court, accused persons may use the services of any other person of their choice, who will assist them after being authorized to do so by the presiding judge of the criminal court.

If accused persons do not choose counsel, the presiding judge of the criminal court or the judicial officer who has been so instructed shall appoint counsel for them.

In the absence of a lawyer, presiding judges shall appoint anyone they deem fit to provide an effective defence.

Lawyers or court-appointed counsels may take cognizance of any item in the case file without travelling and without there being any ensuing delay in the procedure. They may make copies or have copies made of any item, at the client’s expense.

Communication with counsel

182.The right of accused persons to communicate with counsel is provided for in article 52 of the Code of Criminal Procedure.

183.Notwithstanding the above-mentioned article, the examining magistrate may proceed with immediate questioning and cross-examination as a matter of urgency when a witness is in danger of death, when evidence is about to disappear or when a crime or offence is discovered while being committed or immediately thereafter and the magistrate travels to the place of its commission.

Appearance in person

184.In Chad, the rules of criminal procedure require the accused to appear in court. Thus, detainees are brought before the relevant court by law enforcement officers. An accused person on whom personal service has been effected is required to appear in court.

185.The presiding judge may deliver a judgment in absentia. This allows the accused person to raise an objection if there is no proof of service on the accused.

Testimony of witnesses

186.Article 95 of the Code of Criminal Procedure provides that “witnesses are called to appear before examining magistrates and at hearings involving offences discovered while being committed or immediately thereafter by a simple notice to attend. A summons is used only in the event that the witness fails to appear and in all cases not covered by the previous paragraph.”

187.Articles 95 to 103 of the Code of Criminal Procedure provide for the serving of summonses on and the appearance of witnesses; articles 104 to 106 concern persons whose testimony cannot be taken; and articles 107 to 113 deal with the hearing of witnesses, the taking of the oath and false testimony.

Confessions

188.Confessions are admissible only if they are made voluntarily by the accused person before the presiding judge. The accused may plead guilty or not guilty. Not only must confessions be made voluntarily, but, in addition, the court may verify their truthfulness.

Reviews and appeals

189.These matters are governed by articles 468 to 472 of the Code of Criminal Procedure. The right to review is also reflected in the possibility of reconsideration of final judgments, addressed in article 495 of the Code of Criminal Procedure.

Res judicata

190.Article 2 of the Code of Criminal Procedure provides that:

“Criminal proceedings cease upon the death of the offender, the expiration of the statute of limitations, a grant of amnesty or the repeal of the criminal law, or as a consequence of res judicata. …

No person who has been legally acquitted may be tried again on the same facts, even when classified as a different offence.”

Article 15

Principle of legality and non-retroactivity

191.This principle is enshrined in several laws. The distinction between substantive and procedural laws is of particular interest in terms of their application to breaches occurring prior to their entry into force. It is by means of the law and the law alone that breaches (crimes and offences) may be defined and penalties set; it is also the law alone that can establish the bodies responsible for trying offenders, the jurisdiction of those bodies and the procedures for them to be able to deliver decisions to acquit or convict.

Constitutional provisions

192.Article 24 of the Constitution provides that “no persons may be arrested or charged except under a law promulgated prior to the acts of which they are accused”.

193.This principle is, however, not absolute. The Criminal Code sets out exceptions in connection with the introduction of less harsh laws or preventive measures. The provisions apply to proceedings pending on the date of entry into force of such laws.

Article 16

Recognition as a person before the law

194.By Order No. 7124 of 11 July 2023, the Prime Minister established a commission to review the draft Persons and Family Code, with a view to its adoption. Currently, Chad still uses the French Civil Code of 1958 to settle family matters. Article 488 of that Code sets the age of majority at 18. At that age, a person is capable of performing all acts of civil life. Persons over the age of majority whose personal faculties are so impaired that they are unable to provide for their interests on their own are protected by the law.

195.Under civil law, children and persons with mental illness do not have contractual capacity. A contract entered into by a minor or by a person considered to be suffering from mental disorder is without legal effect. This is also true of any sale concluded with a minor, which may under certain conditions be challenged as being vitiated.

Article 17

Respect for privacy

196.Article 17 of the Constitution states that “the human person is sacred and inviolable. All individuals have the right to life, personal integrity, security, freedom and the protection of their privacy and property”.

197.Under article 381 of the Criminal Code, persons who abduct, conceal the birth of or cause the disappearance of children in such a way as to affect their civil status are liable to a term of forced labour. Article 382 provides that persons who, having been entrusted with the care of a child, do not return the child to persons entitled to the child’s return will face the penalties set out in article 381.

198.The home is protected under article 46 of the Constitution, which states that the home is inviolable. Searches may be conducted only in the cases and in the manner prescribed by law (Criminal Code, art. 337).

199.The confidentiality of correspondence and communications is guaranteed under article 49 of the Constitution.

Article 18

Freedom of thought, conscience and religion

200.These freedoms are guaranteed and protected under article 28 of the Constitution.

201.Chad is a secular State. The neutrality and independence of the State are guaranteed in respect of all religions (Transitional Charter, art. 3).

1.Laws relating to religious freedom

202.The procedures for establishing a religious association are the same as for any other association. The country’s lawmakers have simplified the procedures for establishing religious associations.

203.Ordinance No. 023/PR/2018 of 27 June 2018 establishing the regulations for associations states that religious congregations, religious associations, charity and aid associations, associations set up to promote education or provide cultural assistance and all associations in general are subject to the foregoing rules and may obtain legal personality.

204.Under these rules, a declaration of the founding of an association must be made in the capital city of the prefecture where the registered office of the association is located. The declaration must be submitted in three copies and show the name and purpose of the association, the location of its main and subsidiary offices and the name, occupation and address of those serving in any capacity as its administrators or directors. A receipt for the declaration must be delivered.

2.Religious trends in Chad

205.In Chad, the bulk of the population are believers, with 90 per cent of them practising monotheistic religions. The general population census of 2009 shows the dominant religions to be Islam and Christianity: 54 per cent of the population are Muslim, 20 per cent are Catholic and 14 per cent are Protestant. Seven per cent say that they are animist, 3 per cent that they have no religion and 2 per cent that they are undecided.

3.Role of religions in promoting and protecting civil rights

206.The main areas of activity related to the religions are culture, health and education.

4.Education

207.All the religious communities support the Government and are involved in education, either to for the purposes of disseminating their beliefs or for education of the public.

5.Role of the media in promoting and protecting civil rights

208.The media are essential and indispensable to the development of political parties, trade unions and cultural associations and to generally anyone wishing to influence public opinion.

209.Article 36 of the Transitional Charter states that “freedom of association, assembly, the press and publication are guaranteed. The conditions for their exercise shall be determined by law.”

210.The Government’s resolve to promote and protect freedom of expression and opinion has led to the founding of media outlets and the emergence of a culture of freedom. This is demonstrated by the table below.

	Public sector	Private sector
Broadcast media	Public radio stations: 1, with 25 relay antennas Public television stations: 1	Authorized private radio stations (general and specialized): 74 Private television stations: 6 Online press outlets: 18

(a)Publications in Chad (media outlets)

211.Updated list:

No.	Name of publication	No.	Name of outlet	No.	Name of outlet
1	Déclic	12	Le perroquet	23	Salam info
2	Éclairage	13	Le Progrès	24	Sud culture
3	Elles	14	Le potentiel	25	Sud écho
4	Espace culture	15	Haut-parleur	26	Tribune info
5	Horizons nouveaux	16	La Voix	27	Tribune économique
6	Mutation	17	Le visionnaire	28	Tchad et Culture
7	Le baromètre	18	Le sahel	29	Al-akhbar
8	Le miroir	19	L’observateur	30	Al akbar
9	Le mirador	20	L’opinion	31	Al anba
10	Le moustik	21	La luciole	32	Sarh actu
11	Le pays	22	La Voix	33	Toumai TV
34	Le phare info	45	Al widda info	56	Le sportif
35	Tchelou TV	46	ASSABAH info	57	Electron TV
36	Tchad 24 TV	47	Bande info	58	Sahara TV
37	Alhbar al maraal	48	Elève magazine	59	Télévision Al nassr
38	Al salam	49	Ial tchad prese	60	Le Temps
39	N’Djaména Hebdo	50	Innov action	61	Al haya
40	Al ayam	51	La nation Tchad	62	Notre Temps
41	Al nadhda	52	Le thermomètre actu	63	Toumai web media
42	Atihad	53	Media le relai web	64	Notre santé
43	Chabab tchad	54	Ndjamena Actu	65	Tchad media
44	N’Djaména al djadida	55	Presse 235	66	Tchad com

(b)High Authority for Media and Broadcasting

212.The High Authority for Media and Broadcasting was established under the Constitution of 4 May 2018. Its mission is to guarantee associations equitable access to public media and give technical advice and make recommendations on issues relating to information and human rights.

213.A number of laws and regulations are in place to enable the High Authority to carry out its mission. These include:

Act No. 32/PR/2018 of 3 December 2018 on the composition, powers and functioning of the of the High Authority for Media and Broadcasting

Act No. 020/PR/2019 of 10 January on audiovisual communications

Act No. 31/PR/2018 of 3 December 2018 on the print and electronic media in Chad

Act No. 017/PR/2010 of 20 October 2010 on the press in Chad

Decree No. 414/PR/PM/MC/99 of 5 October 1999 setting up a press assistance fund

(c)Media House of Chad

214.Proposed in 2004, the idea of a “Journalists’ House” was taken up by some associations in 2007 under the name “Press Association House”. This project assumed its present form at the Chad Communication Forum, held in 2009.

215.On 25 July 2009, the seven main media organizations in Chad laid the foundations for the Media House of Chad, and they have been developing it since then. The media organizations concerned are the Association of Private Publishers in Chad (print media), the Union of Private Radio Stations of Chad, the Union of Journalists of Chad, the Union of Women Communication Professionals of Chad, the Chadian League of Arabic-language Journalists, the Association of Communication Technicians and the African Media Corporation. This structure has been growing steadily thanks to the involvement of journalists, the backing of the Chadian Government and the technical and financial support of international partners.

(d)Media support

216.The State provides direct and indirect assistance to print and broadcast media that contribute to the public’s exercise of its right to information. A media support fund has accordingly been established, which receives an annual subsidy from the State and is also open to contributions from national or foreign public or private bodies. The High Authority for Media and Broadcasting allocates the fund’s resources.

(e)Access of journalists to information

217.Holders of professional press identity cards may:

Have free access at any time to airfields usually reserved for travellers, during boarding and arrival

Cross police and security lines and gain free access to places where public events are unfolding

In the exercise of their duties, be given priority at the counters of postal and telecommunication services in general and, in particular, for telegram, telephone, telex, fax or Internet services

(f)Right of defence

218.Any person harmed by a decision of the High Authority for Media and Broadcasting is entitled to request that it review the decision. The request must be made within 10 days of the notification of the decision, on pain of being time-barred. The examination unit reviews the request in respect of:

The 10-day deadline

The evidence of harm

219.Once the request has been reviewed, a note or report on the investigation is submitted to the President of the High Authority for collective deliberation.

(g)Examination during electoral periods

220.Requests for review submitted during electoral periods are to be examined in line with the guidelines and decisions adopted by the High Authority. For the April 2021 elections, the High Authority put in place a series of measures applicable during the campaign period, up to the publication of the results.

221.The High Authority may also independently decide to take up a matter on the basis of the monitoring reports prepared by its investigations unit.

(h)Professional media organizations

222.In addition to the efforts made by NGOs to protect human rights in Chad, work is being done by professional media organizations to strengthen the freedom of the press and other freedoms. These organizations include:

The Union of Journalists of Chad

The Association of Private Publishers in Chad

The Union of Private Radio Stations of Chad

The Union of Women Communication Professionals of Chad

The Chadian League of Arabic-language Journalists

The Association of Communication Technicians

223.It is clear from the foregoing that freedom of the press is a reality in Chad. In fact, the challenge facing Chad today lies not in the restriction of the freedom of expression of media outlets or the imposition of punishment for press offences, but in ensuring access to sources of information and the financial independence of the media.

Article 20

War propaganda and incitement to discrimination

224.All the laws and regulations of Chad unreservedly condemn any advocacy of war. In addition to what is stated in paragraph 11 of its preamble, article 5 of the Constitution provides that “any ethnic, tribal, regional or religious propaganda that may impair national unity or the secular character of the State is prohibited”.

225.Article 95 of the Criminal Code reads as follows:

The following acts shall be punishable by 1 to 5 years’ imprisonment:

(1)Exposing Chad to a declaration of war through hostile acts not approved by the Government;

(2)Exposing Chadians to retaliation through acts not approved by the Government;

(3)Having dealings with the agents of a foreign power that may be detrimental to the military or diplomatic situation of Chad or to its essential economic interests.

226.Article 96 provides further:

In times of war, the following acts shall be punishable by 2 to 6 years’ imprisonment:

(1)Maintaining, without the authorization of the Government, a correspondence or relations with the subjects or agents of an enemy Power;

(2)Engaging, directly or through an intermediary, in trade with the agents of an enemy Power, in violation of established prohibitions.

Articles 21 and 22

Right of peaceful assembly and freedom of association

227.The right of peaceful assembly and freedom of association are guaranteed by article 25 of the Transitional Charter: “The freedoms of opinion, expression, conscience and worship are guaranteed. The conditions for their exercise shall be established by law.”

228.Article 37 guarantees freedom of association for workers other than members of the military. Workers exercise their right to strike in accordance with the laws in force.

1.Concrete action by civil society

229.Civil society organizations have played and continue to play an important role with respect to fundamental freedoms and human rights.

2.Awareness-raising and training activities

230.Associations such as the Association of Women Jurists of Chad, the Women’s Associations Liaison and Information Unit, the Chadian League of Human Rights, the Association for the Promotion of Fundamental Freedoms in Chad, the Chadian Association for the Promotion and Defence of Human Rights and Voix de la Femme have organized public awareness-raising and training activities on the importance and content of human rights treaties.

3.Advocacy activities

231.Member associations of the Women’s Associations Liaison and Information Unit, the Chadian Association for Family Welfare and the Association of Women Jurists of Chad have undertaken advocacy activities to induce decision-makers to take anti-discrimination measures in favour of women in matters of reproductive health.

232.Human rights associations have engaged in regular advocacy with respect to the draft Persons and Family Code currently under review.

4.Establishment of associations

(a)The legal framework for associations

233.Article 35 of the revised Transitional Charter provides that associations may be established and carry out their activities under the conditions laid down by law. The relevant law is Ordinance No. 23/PR/2018 of 27 June 2018, which regulates associations, foundations, religious associations, charity or aid associations, associations set up to promote education or provide cultural assistance and all associations in general.

(b)Association law

234.All prefects are individually responsible for taking receipt of applications, referred to as declarations, for the registration of associations seeking to be established within their jurisdictions. If the purpose of the association is national in scope, the application is forwarded to the Directorate for Political Affairs and Civil Associations of the Ministry of Territorial Administration.

235.Associations cannot be authorized if they are intended to serve a cause or a purpose contrary to the law or accepted standards of morality, or if their object or effect would be harmful to the integrity of the national territory, the Constitution or the form of government.

(c)Trade unions

236.The law recognizes the right of workers and employers freely and without restriction or prior authorization to set up trade unions whose purpose is to study, defend, develop and protect their economic, industrial, commercial or agricultural interests as well as the social, economic, cultural and moral advancement of their members.

237.There are five trade union confederations in Chad, namely: the Union of Trade Unions of Chad, the Free Confederation of Workers of Chad, the Confederation of the Teachers’ Unions of Chad, the Trade Union Confederation of Workers of Chad and the Independent Confederation of Trade Unions of Chad.

238.They play a major role in consolidating human rights, including by raising public awareness of national and international instruments on the rights and duties of workers and citizens.

(d)Structure and function of trade unions

Structure

239.Some, like the Union of Trade Unions of Chad, have a twofold, vertical and horizontal structure. Through the vertical structure, each worker finds a place in a national federation and a national trade union.

240.The horizontal structure pertains to departmental organizations. Prefecture-level organizations join together to form a small-scale version of the Union of Trade Unions of Chad. This prefectural structure in turn operates sections in the sub-prefectures.

Functioning

241.The congress is the supreme body. It meets once every five years and is composed of members of the National Trade Union Council, delegates of the prefecture-level (or sub-prefecture-level) unions, members of the Monitoring and Arbitration Commission and, lastly, members of the Executive Office and specialized commissions.

5.Promotion and protection of freedom of association

(a)Protection of associations

Women’s associations

242.Women’s associations such as the Women’s Associations Liaison and Information Unit, the Association of Women Jurists of Chad, the League of Arabic-speaking Women and Voix de la Femme engage in activities on behalf of women and promote and defend their rights through seminars, technical guidance, research and radio programmes on the Convention on the Elimination of All Forms of Discrimination against Women.

(b)Measures to promote associations

Non-governmental organizations (NGOs)

243.Act No. 12 of 15 July 2016 on the General Tax Code exempts duly approved NGOs from tax and customs duties. They are also exempted from value added tax, in accordance with the laws in force.

Political parties

244.Pursuant to Ordinance No. 020/PR/2018 of 7 June 2018 on the charter for political parties, legally recognized political parties may obtain public funding for elections. Such funding is intended to cover normal party activities and election campaigns.

Other associations serving the public interest

245.The State encourages the establishment and smooth functioning of associations.

246.Freedom of association and peaceful assembly is a reality in Chad. The activities of associations are only restricted by public policy considerations. This restriction is subject to judicial oversight.

Article 23

Marriage and the family

247.Act No. 29/PR/2015 of 21 July 2015 prohibiting child marriage treats any marriage of a child under 18 as an offence.

248.The forthcoming adoption of the draft Persons and Family Code will put an end to such practices.

Article 24

Protection of children

249.Chad has ratified the Convention on the Rights of the Child. The Government has always shown concern for the protection of the rights and well-being of children. Article 42 of the Constitution stipulates that “parents have the natural right and duty to raise and educate their children. The State and the autonomous communities support them and provide oversight in this task. Children may be separated from their parents or from those responsible for them only when the latter fail in their duty.”

250.The following texts supplement the Constitution and ensure effective protection for children:

Act No. 007/PR/99 on the prosecution and trial procedure for offences committed by minors between the ages of 13 and 18 years

Decree No. 55/PR-MTJS-DTMOPS of 8 February 1969 on child labour

Act No. 012/PR/2018 of 12 June 2018 ratifying Ordinance No. 006/PR/2018 of 30 March 2018 on combating human trafficking in Chad

Act No. 029/PR/2015 of 21 July 2015 prohibiting child marriage

Act No. 035/PR/2019 of 5 August 2019 establishing universal health coverage in Chad

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

Decree No. 2137/PR/MFPPE/2020 of 19 October 2020 on the organization and functioning of the Ministry for Women and Early Childhood

Decree No. 373/PR-MFPT of 4 July 1992 amending and supplementing article 6 (8) of Decree No. 55/PR-MTJS-DTMOPS of 8 February 1969 on child labour

Decree No. 634/PR/MASF of 30 December 2000 on the institutionalization of the children’s parliament

Decree No. 100/AFF-SOC of 18 June 1963 on the protection of children and adolescents

251.Article 2 of Decree No. 634/PR/MASF of 30 December 2000 on the institutionalization of the Children’s Parliament states: “The mission of the Children’s Parliament shall be to raise awareness among children, parents, public authorities and other institutions concerning the situation of children and to galvanize them into action. It shall serve as a forum for expression and discussion and seek to foster a spirit of solidarity and togetherness among them.”

252.Decree No. 55/PR-MTJS-DTMOPS of 8 February 1969 on child labour formally prohibits the employment of children under the age of 14 years, even as apprentices in an enterprise.

1.Institutional framework

Promotion and protection of children’s rights

253.Children are the most vulnerable people. The protection and promotion of their rights is therefore a matter of concern for the State. The Government has taken measures to protect children’s rights to health, education, life and physical and psychological integrity.

2.Right to health

254.Children’s and women’s health are priority areas under the country’s health policy. The child mortality rate expresses the probability of children’s death before their fifth birthday. According to data from the 1996–1997 and 2004 demographic and health surveys, the 2010 Multiple Indicator Cluster Survey and the 2014–2015 demographic and health survey and Multiple Indicator Cluster Survey, the child mortality rate fell from 194 per thousand in 1996–1997 to 133 per thousand in 2014–2015. According to the 2019 Multiple Indicator Cluster Survey, the mortality rate among children is 122 per thousand through the age of 4, 108 per thousand between the ages of 5 and 9 and 126 per thousand between the ages of 10 and 14.

255.The measles immunization rate among 1-year-olds rose from 65.07 per cent in 2006 to 84 per cent in 2010. In 2020, health centres reported 8,557 measles cases, including 3,235 cases among persons vaccinated against the disease.

256.The distribution of new measles cases shows that the highest reporting rates correspond to the following age groups: 11 months and under (285.23 per 100,000 inhabitants) and 1 to 4 years (158.23 per 100,000 inhabitants).

Age group	Population	Vaccinated against measles	Not vaccinated against measles	Reporting rate
0 to 11 months	621 687	540	1 233	285.23
1 to 4 years	2 774 063	1 892	2 497	158.23
5 to 14 years	5 097 824	624	1 012	32.09
15 years and older	8 308 745	179	579	9.13
Total	16 802 319	3 235	5 322	51

Source : Health Statistics Yearbook 2020.

257.The Government is assisted in this endeavour by civil society organizations and international cooperation organizations. Voluntary associations and religious organizations have always worked alongside the State to enable all members of the public to have access to health care.

258.Partners such as WHO, UNICEF, the World Bank Group, the European Union and the Global Fund to Fight AIDS, Tuberculosis and Malaria assist the Government in implementing public health policies.

3.Birth registration

259.Birth registration plays an essential role in relation to children’s rights, as it is the information recorded with the civil registry that will determine a child’s nationality. Therefore, new birth registration centres have been established to make birth registration services more accessible to the public.

260.The current registration rate for children under 5 is 15.6 per cent. The rate is 42 per cent in urban areas and 9 per cent in rural ones.

261.Act No. 008/PR/2013 of 10 May 2013 on civil status in Chad makes registration compulsory for children born in the major urban centres.

4.Right to education

262.The right to education for all, without distinction, has been affirmed in all the country’s successive Constitutions. The various national plans place emphasis on education and training programmes for everyone.

263.The main strategies implemented to promote the enrolment of girls in school involve:

Advocacy, awareness-raising and social mobilization aimed at opinion leaders, parents and girls themselves

The training and capacity-building of teachers in a gender-based approach and of local women’s organizations in the management of income-generating activities

A lightening of the domestic burden of girls and women by providing groups of women with various items of equipment, such as grinders, hullers, carts and carrying devices and plastic barrels

Support to parents through the allocation of school supplies and textbooks for girls enrolled in school

The introduction of a catch-up programme for girls with learning difficulties (individual tuition)

The drilling of wells to give schools a source of water

The building of separate lavatories for boys and girls to make schools more welcoming for girls

The introduction of an award for girls for excellence in science

Monitoring and evaluation both at central level, by the Girls’ Enrolment Task Force and UNICEF, and at the decentralized level, by sub-prefectural committees, to raise girls’ enrolment rates in areas where the rate was below 30 per cent

(a)Primary education

264.In education, boys and girls are treated the same, although the enrolment of girls remains a priority. Indeed, a directorate has been established in the Ministry of Education to promote the enrolment of girls.

265.Positive action has been taken by making primary and secondary school registration fees for girls lower than those for boys.

266.Nationwide, the number of primary school students increased by 4.2 per cent, from 2,719,364 to 2,832,890, between 2021 and 2022, with girls accounting for 44.6 per cent of the total number of students – almost unchanged from the previous year, when the figure was 44.3 per cent.

Key trends in primary education from 2017/18 to 2021/22

Primary	2017/18	2018/19	2019/20	2020/21	2021/22	Change 2017/2021	Average annual increase
Schools	11 336	11 702	11 769	11 829	11 976	1.24%	1.10%
Public	5 120	5 131	5 376	5 271	5 291	0.38%	0.66%
Community	4 705	5 039	4 638	4 676	4 636	-0.86%	-0.30%
Private	1 511	1 532	1 755	1 882	2 049	8.87%	6.28%
Students	2 398 610	2 468 788	2 623 179	2 719 364	2 832 890	4.17%	3.38%
Boys	1 353 293	1 391 647	1 473 369	1 514 585	1 568 778	3.58%	3.00%
Girls	1 045 317	1 077 141	1 149 810	1 204 779	1 264 112	4.92%	3.87%
Gross enrolment ratio	89.90%	89.10%	91.30%	91.20%	91.50%	0.33%	0.35%
Boys	101.00%	100.10%	102.10%	101.10%	100.90%	-0.20%	-0.02%
Girls	78.70%	78.10%	80.40%	81.20%	82.10%	1.11%	0.85%
Primary education completion rate	44.20%	44.24%	44.70%	47.75%	47.85%	0.21%	1.60%
Boys	53.10%	52.40%	52.80%	55.50%	55.50%	0.00%	0.89%
Girls	35.50%	36.30%	36.80%	40.20%	40.20%	0.00%	2.52%
Promotion rate	72.80%	65.80%	67.40%	69.00%	68.90%	-0.14%	-1.10%
Boys	73.30%	66.60%	68.30%	69.30%	0	0.00%	-1.12%
Girls	72.10%	64.70%	66.30%	68.50%	68.50%	0.00%	-1.02%
Repetition rate	19.90%	16.30%	17.00%	14.00%	14.00%	0.00%	-6.79%
Boys	19.30%	16.10%	16.70%	13.60%	13.60%	0.00%	-6.76%
Girls	20.80%	16.60%	17.40%	14.40%	14.40%	0.00%	-7.09%
Teachers	43 805	44 691	46 126	48 394	49 875	3.06%	2.63%
Men	35 610	36 264	37 070	38 659	39 861	3.11%	2.28%
Women	8 195	8 427	9 056	9 735	10 014	2.87%	4.09%

(b)Lower secondary education

267.The statistics for the 2021/22 school year show that there were 1,929 lower secondary schools nationwide, of which 50.6 per cent were public, 43.4 per cent were private and 6.0 per cent were community schools, with 9,324 classes (in the first four years of secondary education), a 4.33 per cent increase over the previous year’s figure of 1,849.

268.According to the statistics, there are 420 private schools in the city of N’Djamena, while in Tibesti and Ennedi-Ouest, for example, there are none. In terms of distribution, 57.1 per cent of schools are in urban areas and 42.9 per cent are in rural ones.

Trends in lower secondary education from 2017/18 to 2021/22

Lower secondary education	2017/18	2018/19	2019/20	2020/21	2021/22	Change last 2 years	Average annual increase
Number of schools	1 316	1 395	1 705	1 849	1 929	4.30%	7.95%
	Public	838	856	928	1 015	977	-3.70%	3.12%
Community	84	102	324	115	115	0.00%	6.48%
Private	394	437	453	719	837	16.40%	16.26%
Number of students	359 185	361 103	442 310	443 131	492 331	11.10%	6.51%
	Boys	229 722	228 032	277 084	271 504	296 321	9.10%	5.22%
Girls	129 463	133 071	165 226	171 627	196 010	14.20%	8.65%
Gross enrolment ratio	26.20%	25.40%	30.10%	29.20%	29.40%	0.70%	2.33%
	Boys	34.50%	33.10%	38.90%	36.90%	36.90%	0.00%	1.35%
Girls	18.50%	18.20%	21.80%	21.90%	21.90%	0.00%	3.43%
Completion rate	16.70%	17.50%	20.40%	21.40%	21.70%	1.40%	5.38%
	Boys	23.50%	24.30%	28.20%	28.60%	28.60%	0.00%	4.01%
Girls	10.60%	11.20%	13.30%	14.80%	14.80%	0.00%	6.90%
Teachers	10 320	11 210	13 601	13 747	13 868	0.90%	6.09%
	Men	9 581	10 413	12 517	12 574	12 568	0.00%	5.58%
Women	739	797	1 084	1 173	1 300	10.80%	11.96%

(c)General secondary education

269.Girls account for 20.6 per cent of students in the lower grades of public secondary schools and 27.0 per cent of students in the lower grades of private ones. There is only one girls’ high school in Chad. It opened in N’Djamena in 2000.

270.In terms of teacher training, the recruitment of women is encouraged at the National School of Social and Health Workers, as they are better suited to look after small children.

Trends in general secondary education from 2017/18 to 2021/22

General secondary education	2017/18	2018/19	2019/20	2020/21	2021/22	Change last 2 years	Average annual increase
Schools	491	580	713	893	912	2.13%	13.18%
Public	283	331	321	436	393	-9.86%	6.79%
Private	208	249	392	457	519	13.57%	20.07%
Students	145 316	168 644	182 089	211 883	231 766	9.38%	9.79%
Boys	102 102	118 226	123 655	142 765	151 810	6.34%	8.26%
Girls	43 214	50 418	58 434	69 118	79 956	15.68%	13.10%
Gross enrolment ratio	16.10%	18.10%	18.90%	21.30%	21.50%	0.94%	5.96%
Boys	24.10%	27.00%	27.30%	30.40%	29.40%	-3.29%	4.06%
Girls	9.10%	10.20%	11.50%	13.10%	12.70%	-3.05%	6.89%
Teachers	8 910	10 824	13 740	15 223	16 927	11.19%	13.69%
Men	8 254	10 045	12 719	14 059	15 575	10.78%	13.54%
Women	656	779	1 021	1 164	1 352	16.15%	15.56%

Source : Education Statistics Yearbook 2020.

(d)Technical education and vocational training

271.In Chad, several government bodies are involved in technical and vocational education, including the ministries responsible for education; culture, youth and sports; the civil service; vocational training and small trades; agriculture; and industry, trade and handicrafts. According to the 2021/22 school census, there were 26 technical and vocational training centres, compared with 24 the previous year. They were present in 17 of the country’s 23 provinces. Of those centres, 20 were public and 6 were private. They were all located in urban areas. There were 2,290 learners – of whom 634, or 27.7 per cent were girls – compared with 2,128 the previous year, with 1,802 studying at the public centres and 448 at the private ones. The repetition rate was 3.6 per cent. For the same school year, there were 365 centre officials, of whom 265 were trainers. Women accounted for 7.2 per cent of the trainers. There was an 18.5 per cent increase in the number of officials over the previous year, when there had been 308.

(e)Literacy

272.The following steps have been taken to achieve Sustainable Development Goal 4 and provide quality education for all at the primary level:

The renovation of 1,409 primary school classrooms and the construction of 7,513 between 2015 and 2017

The preparation and distribution of 5,249,126 textbooks free of charge in the country’s primary schools

273.Other measures have included the introduction of a prize for the girls with the best academic performance; the provision of assistance to help needy parents pay their daughters’ school fees; mainstreaming of the gender perspective in the school system; the continuation of the tutoring programme; the encouragement of girls to pursue studies in the sciences; the reduction of the domestic burden of girls who are mothers; and the adoption of a national strategy for the education of girls. These measures, which were implemented by the Government in partnership with UNICEF and the 2016–2021 Education component of the Sahel Women’s Empowerment and Demographic Dividend Project, aim to ensure quality education for all and to eliminate gender disparities.

(f)Continuing to improve literacy in rural communities

274.To strengthen the country’s literacy programme, the Government has put in place a three-level educational framework (level 1, level 2 and post-literacy) for drafting literacy textbooks. Literacy training is provided in 37 languages, including the country’s official languages.

275.In addition to the Government’s own services, a number of private and religious organizations, such as the Women’s Associations Liaison and Information Unit, the Chadian Association of Literacy, Linguistics and Bible Translation and SIL Chad, run literacy programmes in both rural and urban communities. For the 2015–2016 period, 2,235 literacy centres were identified.

276.Working with its partners, the Government has launched several projects and measures to promote literacy:

The celebration of International Literacy Day on 8 September every year

The organization of a week-long annual campaign to provide information and raise awareness of literacy issues among communities, opinion leaders and NGOs, and the establishment in 2014 of a fund for literacy and non-formal basic education that is now being made operational

277.Some literacy initiatives are conducted as part of projects such as the Project Supporting Reform in the Education Sector, which works to improve the literacy of rural populations, and specifically women, and the Literacy and Vocational Learning Project, which covers literacy and non-formal education.

278.Lastly, considerable support for literacy has been provided through the Interim Strategy for Education and Literacy 2013–2017. This includes building and equipping 39,305 classrooms, purchasing school textbooks, providing other learning materials, capacity‑building and supporting the Education Information and Management System.

279.To achieve the goal of quality education for all, the Government in 2015 and 2016 provided initial and further training to 38,905 primary school teachers, of whom 31,794, or 81.7 per cent, were men and 7,111, or 18.3 per cent, were women, and subsequently ensured that the teachers were monitored and evaluated. As part of the Project Supporting Reform in the Education Sector, 3,500 level 1 community teachers received training at the teacher training schools in Bongor, Laï, Pala and Koumra in 2017.

Trends in literacy centres from 2017 to 2022

Literacy	2017/18	2018/19	2019/20	2020/21	2021/22	Change 2018/2022	Average annual increase
Centres	2 167	2 754	2 512	2 461	2 756	11.99%	4.93%
Public	78	120	-	1	-	-	-
Community	1 727	2 136	2 026	1 993	2 066	3.66%	3.65%
Private	362	498	486	467	690	47.75%	13.77%
Participants	94 869	119 816	103 606	110 772	143 032	29.12%	8.56%
Men	28 166	36 137	32 647	34 381	44 392	29.12%	9.53%
Women	66 703	83 679	70 959	76 391	98 640	29.13%	8.14%
Activity leaders	3 603	4 540	3 941	3 911	4 367	11.66%	3.92%
Men	2 446	3 208	2 751	2 623	2 804	6.90%	2.77%
Women	1 157	1 332	1 190	1 288	1 563	21.35%	6.20%

Source : Yearbook of the Ministry of Education and the Promotion of Civic Values.

Article 25

Right to take part in the conduct of public affairs

280.The right to take part in the conduct of public affairs is enshrined in the Constitution, which reads as follows:

Sovereignty belongs to the people, who exercise it either directly by referendum or indirectly through their elected representatives.

No community, no corporation, no political party or association, no trade union, no individual or group of individuals may exercise sovereignty in their own right.

The conditions for recourse to referendum shall be determined by this Constitution and by an organic law.

281.Since the advent of a multiparty system in 1991, several political parties have assisted the electorate in expressing its will through universal suffrage on the basis of the laws governing political parties.

282.Measures are taken to guarantee the transparency and fairness of ballots, such as those concerning the pre-election period and those taken by the courts to settle electoral disputes on an independent basis.

1.Institutional framework

283.The body tasked with monitoring elections in Chad is the Independent National Electoral Commission.

Independent National Electoral Commission

284.With the financial assistance of the European Commission in particular, three Independent National Electoral Commissions were successively set up to organize several elections: the constitutional referendum of 31 March 1996, the presidential election of 2 June 1996 (first round) and 3 July 1996 (second round), the legislative elections of 5 January 1997 and 23 February 1997, the presidential election of 20 May 2001, the legislative elections of 2002, the constitutional referendum of 6 June 2005, the presidential election of 3 May 2006, the legislative and communal elections of 2011, the presidential election of 10 April 2016 and the presidential election of 10 April 2021.

285.Members of the Independent National Electoral Commission are immune from any prosecution, investigation, arrest, detention or lawsuit in connection with the opinions they express or the acts they perform in the discharge of their duties, except when discovered in the commission of an offence.

2.Electoral disputes

286.The organization and holding of elections generally give rise to pre-electoral and post-electoral disputes.

3.Post-electoral disputes

287.Since the submission of its second periodic report, Chad has been able, through a comprehensive political agreement, to successfully hold three major elections, namely, presidential elections, legislative elections and local elections.

Article 26

Equality before the law

288.In Chad, all persons are equal before the law and are entitled, without discrimination, to equal protection under the law (see the paragraphs on articles 2 and 3, above).

Article 27

Rights of minorities

289.There is no issue relating to religious or linguistic minorities in Chad. People are free to practise their own religion and use their own language. The State of Chad is composed of several ethnic groups, each with its own specific features.

290.Minorities do exist in Chad, but they are not subject to any official discrimination. However, because of the survival of certain traditional practices that have created a system of castes, certain groups (such as blacksmiths, commonly referred to as Haddad) continue to suffer from centuries-old ostracism in the northern part of the country. This is a matter of constant concern for the Government, which seeks to remedy the situation by promoting access to education for all and appointing individuals from such backgrounds to decision‑making positions.