Governance & legal system
- African Union (joined in 1963). The African Union has various decision-making institutions, among which: the Assembly of Heads of State and Government, the Executive Council, the Permanent Representatives Committee, the Peace and Security Council, the African Union Commission and the Pan-African Parliament. The African Union aims to further the development of the member states through collaboration and solidarity. This entails promotion of peace, economic development, human rights and democracy. The Specialised Technical Committee on Migration, Refugees and Internally Displaced Persons is a crucial instrument of the African Union to ensure protection and assistance to these key populations. However, following the coup in July 2023, the African Union decided to suspend Niger from its institutions.
- The African and Malagasy Council for Higher Education (CAMES) (joined in 1968). Its supreme body is the Council of Ministers, which meets once a year in ordinary session. Its executive body is the General Secretariat, whose Secretary General is appointed by the Council of Ministers. CAMES aims to promote cooperation in research and higher education between member states, notably through a system of diploma equivalence.
- Organisation of Islamic Cooperation (OIC) (joined in 1969). The OIC aims to strengthen cooperation within the Muslim world, to support the rights of people, and to defend the image, values and identity of Islam. The supreme authority of the OIC is the Islamic Summit, composed of Heads of State of the Member States. The General Secretariat, led by the Secretary General, is one of the main OIC’s institution. It is responsible for the implementation of the decisions taken by the Islamic Summit and other institutions, as well as the coordination between the different OIC’s organs.
- The Community of Sahel–Saharan States (CEN-SAD) (joined in 1998). The CEN-SAD’s objective is the creation of an economic union, through the free movement of persons and capital, the intensification of transports between the Member States, and the harmonization of educative systems. The CEN-SAD is led by the Conference of Leaders and Heads of State that meets once a year. Its daily management is handled by the General Secretariat whereas the implementation of the Conference of Leaders’ decision and the preparation of programs and plans falls within the jurisdiction of the Executive Council.
- Economic and Monetary Community of Central Africa (CEMAC) (joined in 1994). CEMAC was created to promote economic integration, notably through the creation of a common market favoring the free circulation of people, goods and capital, and the existence of a common currency. CEMAC also aims to support development and peace in the region. CEMAC is made up of a number of bodies and institutions, four of which have decision-making powers: the Conference of Heads of State, the Council of Ministers of the Central African Economic Union, the Ministerial Committee of the Central African Monetary Union, and the Commission.
- The Economic Community of Central African States (ECCAS) (joined in 1983). Its main institutions are the Conference of Heads of State and Government and the Council of Ministers. Its executive body since the institutional reform of 2019 is the Commission. ECCAS has defined several missions, including guaranteeing peace and security within the region through political cooperation; economic and financial integration through the establishment of a common market and the free movement of goods, capital and services within the regiona ; physical integration through the development of infrastructure and land-use planning, such as road, rail, air and sea links, to create a common space and promote the free movement of people, goods and services; and social and human development integration to eliminate poverty in all its forms.
The monist system is the adopted system for application of international law. In Article 277 of the Constitution, it is stated that international treaties and agreements are superior to domestic law as soon as their publication, subject to the application of the treaty by the other party.
Furthermore, in the event that the Constitutional Court deems that there is a contradiction between an international text and the Constitution, the Constitution must first be revised before the international text can be ratified or approved (Article 276).
The President of the Republic is the person who negotiates and ratifies treaties and international agreements (article 274). However, in certain cases, the President can ratify an international text only after the Parliament’s authorization. This is the case for treaties of peace, defense, commerce, and those related to the use of national territory or the exploitation of natural resources, agreements related to international organization, those engaging state finances, or those concerning personal status (article 275).
Revision of the Constitution may be initiated by the President of the Republic or members of the Parliament (Article 280). The revision is adopted by a three-quarters majority of the Parliament. The revision can also be approved by a referendum (Article 281). Some provisions of the Constitution cannot be changed (article 282). Indeed, if the Constitution’s revision undermines the integrity of the territory, the independence, or the national unity, the republican form of the State, the principle of the separation of powers, and secularism, the freedoms and fundamental rights of citizens, or political pluralism, then the revision procedure can not be initiated.
Chad has a unitary system. This is clearly stated in Article 2 of the 2023 Constitution, which reads "The Chad is a sovereign, independent, secular, social, united, and indivisible Republic."
The executive power is embodied by the President, who according to article 66 of the Constitution “embodies national unity”, as well as the government. According to the same article he also guarantees national independence, national unity and sovereignty, territorial integrity and respect for the Constitution, international treaties and agreements. The President is elected by direct universal suffrage for a five-year term, renewable once (article 67). Among his roles, the President promulgates laws (article 88), presides over the Council of Ministers (article 86), and is the Supreme Chief of the Armed Forces (article 92). The government is led by the Prime Minister, who is appointed by the President of the Republic (article 100). Government members are also appointed by the President of the Republic, upon the recommendation of the Prime Minister.
The Government is then presented to the National Assembly to be invested and to obtain the vote of confidence from the National Assembly on its political program (Article 101).
According to article 104, Government ensures the execution of laws and to do so, has the administration at its disposal. The interim of the president is ensured by the prime minister in case of absence from the territory or temporary impediment (article 81).
The legislative power is held by the Parliament, divided into two chambers: the National Assembly and the Senate (article 110). National Assembly’s deputies are elected by direct universal suffrage (article 111) for a term of five years (article 113). Regarding senators, as they represent local communities (collectivités autonomes), two-third of them are elected by indirect universal suffrage by an electoral college composed of municipal and provincial councillors. The last third is appointed by the President (article 114). The Parliament both votes on laws and oversee the government's actions (article 130). However, the initiative for laws is shared between the Government and the Parliament (Art. 142).
Regarding the judicial power, there is only one level of jurisdiction with the Supreme Court as the highest instance (article 156). In this capacity, the judicial power is held by the Supreme Court, courts of appeal, tribunals, and justices of the peace (article 157). The Supreme Court consists of two chambers: one administrative and one judicial (166).
The principle of independence of the judiciary from the legislative and executive branches applies (article 155). In parallel, the Constitutional Court ensures the constitutionality of laws, treaties, and international agreements. The functioning of the judicial power is detailed below in point 6.
The Constitution also gives significant importance to autonomous communities, the Communes, and Provinces (Article 254), which are endowed with administrative, financial, patrimonial, and economic autonomy (Article 256). However, these communities are placed under the guardianship of the State (Article 260). They are administered by assemblies elected by direct universal suffrage for a renewable term of six years (Article 258). Following the principle of subsidiarity, competencies are divided between exclusive competencies and competencies shared between the State and autonomous communities (Article 262). These are determined by organic law.
Chad follows a civil legal system, primarily inherited from French colonization. The Constitution is recognized as the supreme law, as stated in its Preamble. Article 170 of the Constitution recognizes customary and traditional laws, but they can only be applied within the communities where they are acknowledged. Otherwise, only codified laws can be applied nationwide. Furthermore, traditional and customary laws that contradict public order and entail inequality among citizens are prohibited.
The Constitutional Council is competent in constitutional and electoral matters (article 174), meaning that it not only rules on the constitutionality of laws, as well as the conformity of treaties and international agreements with the Constitution, but also monitors the regularity and transparency of referendums and elections and proclaims the results of elections.
The nine members of the Constitutional Court are appointed by the President of the Republic (article 175). Three of them are magistrates and six of them are high-level jurists. Their mandate lasts nine years and is not renewable (Article 176).
The Supreme Court is the highest Court of the judicial and administrative branches (article 166). In that regard, the Supreme Court is composed of two chambers: one judicial and one administrative. The Supreme Court’s twenty-one members are appointed by the President of the Republic after consulting the Presidents of the National Assembly and the Senate. The President of the Supreme Court is appointed among the senior magistrates of the judicial order. Fourteen members are also selected from among the senior magistrates of the judicial order , while the remaining six members are specialists in public law. Their mandate lasts seven years.
Regarding traditional justice mechanisms, the Constitution acknowledges in article 226 customary and traditional authorities. Among their functions, it is stated in Article 228 that customary and traditional authorities participate in the non-judicial resolution of disputes within their territorial jurisdiction. Customary and traditional authorities shall also collaborate with local authorities (communautés autonomes) and the State’s administration (article 227 and 229). The applicability of customary and traditional laws is restricted to the communities that recognize the said customary and traditional law (article 170). In practice, traditional justice seems to be mainly concerned with civil matters.
The national reference institution for matters relating to refugees in Chad is the National Commission for the Reception, Reintegration of Refugees and Repatriates (Commission Nationale d’Accueil, de Réinsertion des Réfugiés et des Rapatriés, CNARR). This institution was created by the 2011 Decree establishing the creation, organization, and attributions of the National Commission for the Reception, Reintegration of Refugees and Repatriates.
According to Article 5 of this decree, the CNARR’s coordination is managed by a Permanent Secretary which is led by an official from the Ministry of Administration.
According to Article 2, the CNARR is composed of the following members:
- Minister in charge of Territorial Administration (President);
- Minister in charge of Foreign Affairs;
- Minister in charge of Public Security and Immigration;
- Minister in charge of National Defense;
- Minister in charge of Justice;
- Minister in charge of Finance;
- Minister in charge of Social Action;
- Minister in charge of Human Rights and Promotion of Freedoms;
- Minister in charge of Economy and Planning;
- Minister in charge of National Education;
- Minister in charge of Public Health;
- Minister in charge of Environment;
- Minister in charge of Water;
- Minister Secretary-General of the Government;
- Representative of the United Nations High Commissioner for Refugees in the Republic of Chad (observer member).
In Article 6, it is stated that three subcommittees are comprised in the CNARR: the Subcommittee for Reception and Reintegration; the Subcommittee for Eligibility; and the Subcommittee for Appeals.
The missions of the subcommittee for reception and reintegration is composed of the reception of refugees, but also assistance to refugees, and the organization of voluntary repatriation of refugees (article 8). The Subcommittee works in collaboration with UNHCR and humanitarian organizations.
The Eligibility Subcommittee receives and decides on asylum application (articles 11 and 12). The Appeals are made to the Appeal Subcommittee (Article 14).