Legal FrameworkShortly after being declared the winner of the presidential election for what would have been his sixth term, President Idriss Deby died on April 20 from wounds sustained on the battlefield while commanding a Chadian army unit fighting rebels advancing toward the capital. The CMT, created shortly after Deby’s death, suspended the constitution upon taking power in April. The CMT chose Deby’s son, army general Mahamat Idriss Deby, to lead it and put in place a Transitional Charter that includes holding a national dialogue, scheduled to begin in May 2022, and enacting a new constitution in 2022. The Transitional Charter establishes the state as secular and affirms the separation of religion and state. The Transitional Charter provides for freedom of religion and equality before the law without distinction as to religion. These rights may be regulated by law and may be limited by law only to ensure mutual respect for the rights of others and for the “imperative” of safeguarding public order and good morals. It prohibits “any act undermining the republican form and secularism of the state.” The suspended constitution contained this prohibition as well.
A December 2020 constitutional amendment removed a denominational oath of office that had required government directors and secretaries general and above to take an oath “under God” or “under Allah.” The Transitional Charter is silent on this point.
Under the law, all associations, religious or otherwise, must register with the Ministry of Territorial Administration and Decentralized Territorial Collectivities. Associations must provide a list of all the founding members and their positions in the organization, founders’ resumes, copies of the founders’ identification cards, minutes of the establishment meetings, a letter to the minister requesting registration, principal source of the organization’s revenue, address of the organization, a copy of its rules and procedures, and statutory documents of the organization. The ministry conducts background checks on every founding member and establishes a six-month temporary, but renewable, authorization to operate, pending final authorization and approval. Failure to register with the ministry means that organizations are not considered legal entities and may not open bank accounts or enter into contracts; it may also lead to the banning of a group. Group founders or board members may be subject to one month to one year in prison and a fine of 50,000 to 500,000 CFA francs ($86-$860) for failure to register. Registration does not confer tax preferences or other benefits.
Burqas, defined by ministerial notice as any garment where one sees only the eyes, are forbidden by ministerial decree. The ministerial notice also applies to niqabs, although this ban reportedly is not enforced.
The Transitional Charter states public education shall be secular. The government prohibits religious instruction in public schools but permits religious groups to operate private schools, and there are numerous schools operated by Muslim, Catholic, and Protestant groups.
The High Council for Islamic Affairs (HCIA), an independent government body, oversees Islamic religious activities, including some Arabic-language schools and institutions of higher learning, and represents the country’s Muslim community at international Islamic forums. The government approves those nominated by members of the HCIA to serve on the council. Wahhabis are nominated to serve on the council but have not participated due to their stated concerns regarding the council’s role in the government ban on their activities. Muslim Brotherhood adherents also sat on the council, operating under the umbrella of Sufi groups rather than as overt representatives of Muslim Brotherhood groups. The Grand Imam of N’Djamena, who is selected by a committee of Muslim elders and approved by the government, is the de jure president of the HCIA and oversees the heads of the HCIA branches and grand imams from each of the country’s 23 regions. He has the authority to restrict Muslim groups from proselytizing, to regulate the content of mosque sermons, and to control activities of Islamic charities.
The law prohibits media reports that are likely to “incite hatred.”
The Office of the Director of Religious and Traditional Affairs under the Ministry of Territorial Administration and Decentralized Territorial Collectivities oversees religious matters. The office is responsible for mediating intercommunal conflict, reporting on religious practices, and ensuring religious freedom. It also reports concerns and suggestions regarding religious activities to the Minister of Territorial Administration, who has the authority to ban or sanction activities. The position of office director rotates every two years among Muslims, Protestants, and Catholics. The office contains a special bureau for Hajj and Umrah under the supervision of the Presidency of the Republic, with members chosen annually by presidential decree. The HCIA deals directly with the Ministry of Territorial Administration and Decentralized Territorial Collectivities or with the civil office of the President of the Republic to address concerns with Wahhabi groups.
The Transitional Charter is silent on the question of military service, but military service was obligatory under the constitution (suspended in April), which prohibited invoking religious belief to “avoid an obligation dictated by the national interest.” This statute largely applies in case of wartime mobilization, since the country does not have universal military conscription.
The country is a party to the International Covenant on Civil and Political Rights.