Section II. Status of Government Respect for Religious Freedom
The constitution establishes the state as secular and affirms the separation of religion and state. The constitution 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 “denominational propaganda” that infringes on national unity or the secular nature of the state.
In December, the government adopted constitutional amendments that 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.”
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 ($94 to $940) 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 reportedly is not enforced.
The constitution 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 Muslims, Catholics, and Protestants.
The 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 are also represented 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, regulate the content of mosque sermons, and control activities of Islamic charities. In practice, he does not regulate sermons.
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 constitution states military service is obligatory, and it prohibits 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.
The government maintained its ban on the leading Wahhabi group, Ansar al-Sunna. According to civil rights organizations, enforcement was difficult, and adherents continued to meet and worship in their own mosques. Local media reported that many security force officials belonged to the same tribes and came from the same regions as the Wahhabi leaders, resulting in lax implementation of government decisions, favoritism, and bribery. Local Arabic-language media reported that the HCIA president reconciled with Wahhabi groups, unlike his predecessor, who was generally anti-Wahhabist. Due to the government ban on their activities, Wahhabis received financial support from abroad as individuals rather than as a group, according to local Arabic-language media.
The government continued to deploy security forces around both Islamic and Christian places of worship, in particular on Fridays around mosques and Sundays around churches, as well as on other occasions for religious events.
Between March and June, the government closed all gathering places, including places of worship, to fight the spread of COVID-19. The measures applied to all religious groups in the same manner, and national Muslim, Protestant, and Catholic leaders all supported these government restrictions in public statements and encouraged believers to pray at home. Local media reported that Wahhabis did not support or comply with governmental restrictions, especially in the northern and northeastern neighborhoods of N’Djamena. The government lifted restrictions on public communal worship in June and promoted social distancing measures. Mosques and Protestant churches reopened in June, while Catholic churches chose to delay their reopening until July, citing COVID-19 transmission concerns.
According to media, the government’s elimination in December of the denominational oath of office that had required senior government officials to take an oath “under God” or “under Allah” was widely popular.