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Chad

Section 1. Respect for the Integrity of the Person, Including Freedom from:

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but the government did not always observe these prohibitions. The law does not provide for the right of persons to challenge the lawfulness of their arrest or detention in court, or to obtain prompt release and compensation if found to have been unlawfully detained. In its Freedom in the World 2019 report, Freedom House stated security forces “routinely ignore constitutional protections” regarding detention. There were reports officials held detainees in police cells or in secret detention facilities.

Arrest Procedures and Treatment of Detainees

Although the law requires a judge to sign and issue arrest warrants before arrests may take place, this did not always occur. By law detainees must be charged within 48 hours or released, unless the procureur (investigating magistrate) authorizes an extension of detention for investigative purposes. Nevertheless, authorities often did not make judicial determinations promptly. The law allows for bail and access to counsel, but there were cases in which authorities provided neither. In some cases authorities denied detainees visits from doctors. While the law provides for legal counsel for indigent defendants and prompt access to family members, this rarely occurred, according to legal observers. Authorities occasionally held detainees incommunicado.

Arbitrary Arrest: According to local media, security forces arbitrarily arrested journalists, demonstrators, critics of the government, and other individuals.

On February 11, Amnesty International reported the “incommunicado” detention by the National Security Agency of Baradine Berdei Targuio, president of the Chadian Organization for Human Rights. Media reported that two days prior to his arrest, Targuio made Facebook posts regarding the health of the president.

Pretrial Detention: Lengthy pretrial detention remained a problem, despite government efforts to address it. According to justice activists, in 2018 at least 20 to 25 percent of inmates were in long-term pretrial detention. According to a Ministry of Justice official, authorities sometimes held pretrial detainees without charge for years, particularly for felonies allegedly committed in the provinces, because the court system only had the capacity to try criminal cases in the capital. The length of detention sometimes equaled or exceeded the possible sentence for the alleged crime. Lengthy pretrial detention was exacerbated by an overworked judiciary susceptible to corruption.

Unlike in previous years, there was no reported release of Boko Haram fighters.

e. Denial of Fair Public Trial

Although the constitution and law provide for an independent judiciary, the judiciary was overburdened, corrupt, and subject to executive interference. According to representatives of the bar association, members of the judiciary were not always impartial in civil matters, sometimes received death threats or were demoted for not acquiescing to pressure from officials, or were otherwise coerced into manipulating decisions. Government personnel, particularly members of the military, often were able to avoid prosecution. Courts were generally weak and in some areas nonexistent. Judicial authorities did not always respect court orders. Local media and civil society organizations reported members of the Judicial Police of Chad, an office within the Ministry of Justice with arrest authority, did not always enforce domestic court orders against military personnel or members of their own ethnic groups.

A judicial oversight commission has the power to investigate judicial decisions and address suspected injustices. The president appointed its members, increasing executive control of the judiciary.

The constitution provides for a military court system composed of the Military Court and the High Military Court, which acts as an appellate court.

Political Prisoners and Detainees

According to the NGO Citizen Action for the Integral Application of Amnesty in Chad, in 2018 there were at least 72 political detainees. Media suggested the September 4 arrest of former oil minister Djerassem Le Bemadjiel was politically motivated because of his ties to an opposition party (see section 4, Corruption). Human rights organizations were not allowed access to these detainees.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape is punishable by eight to 30 years in prison. Nevertheless, rape–including rape of female refugees–was a problem. The law does not specifically address spousal rape, gender of victims, or domestic violence. Police often detained alleged perpetrators, but rape cases were rarely tried. Authorities fined and released most rape suspects, according to local media. Communities sometimes compelled rape victims to marry their attackers.

Although the law prohibits violence against women, domestic violence was widespread. Police rarely intervened, and women had limited legal recourse.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C for girls and women, but the practice remained widespread, particularly in rural areas. According to UNICEF, 38 percent of girls and women ages 15 to 49 underwent FGM.

By law FGM/C may be prosecuted as a form of assault, and charges may be brought against the parents of victims, medical practitioners, or others involved. Nevertheless, lack of specific penalties hindered prosecution, and authorities prosecuted no cases. NGOs cited enduring local social norms and limited federal authority in rural areas as major impediments to progress.

The Roman Catholic Church and the CNDH alerted authorities in August of the resurgence of the practice of FGM/C, attributed to lack of enforcement of the law. The Ministry of Women and Early Childhood Protection is responsible for coordinating activities to combat FGM/C.

Sexual Harassment: The law provides penalties for sexual harassment ranging from six months to three years in prison and fines. The government did not enforce the law effectively.

Reproductive Rights: The law provides for the right of couples and individuals to decide freely and responsibly the number, spacing, and timing of their children, to manage their reproductive health, and to have access to the information and means to do so, free from discrimination, coercion, or violence. Many persons, however, lacked access to reproductive information or care, particularly in rural areas. Obstacles to contraception use included the lack of education, the limited supply of contraceptive products, and cultural sensitivities. The government provided some contraception products for free to the public through NGOs. The UN Population Fund (UNFPA) estimated only 24 percent of live births were attended by skilled health personnel between 2014 and 2019. The country had a severe shortage of health-care providers and a significant shortage of nurses, midwives, hospital staff, and specialists, such as obstetricians. Prenatal care remained limited, particularly in rural areas. The government provided limited access to sexual and reproductive health services for survivors of sexual violence due to capacity constraints. In practice, not all survivors of sexual violence received health services.

The UNFPA estimated that in 2017 the maternal mortality rate was 1,140 deaths per 100,000 live births. Factors contributing to maternal mortality included adolescent pregnancies, multiple closely spaced births, and lack of access to medical care.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Although property and inheritance laws provide the same legal status and rights for women as for men, the government did not enforce the laws effectively. Family law discriminates against women, and discrimination against and exploitation of women were widespread. Local leaders settled most inheritance disputes in favor of men, according to traditional practice. There were legal restrictions to women’s employment in occupations deemed dangerous, including mining, construction, and factories.

Children

Birth Registration: Citizenship is derived from birth within the country’s territory or from at least one parent. The government did not register all births immediately and also denied registration on a discriminatory basis.

Education: Although primary education is tuition free, universal, and compulsory between ages six and 16, parents were required to pay for textbooks, except in some rural areas. Parents often were required to pay tuition for public secondary education. According to a UNESCO Institute for Statistics 2019 report, 65 percent of girls attended primary school compared with 83 percent of boys.

Human rights organizations cited the problem of the mouhadjirin, migrant children who attended certain Islamic schools and whose teachers forced them to beg for food and money. There was no reliable estimate of the number of mouhadjirin.

Child, Early, and Forced Marriage: The law sets the minimum age for marriage at 18 for men and women. The law precludes invoking the consent of the minor spouse to justify child marriage and prescribes sentences of five to 10 years’ imprisonment and fines for persons convicted of perpetrating child marriage, although the practice was widespread.

According to UNICEF, 67 percent of girls were married before age 18.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, with punishments of two to five years’ imprisonment and fines. The law specifically addresses the sale, offering, or procuring of children for prostitution. The law prohibits sexual relations with children younger than age 14, even if married, but authorities rarely enforced the ban. The law criminalizes the use, procuring, or offering of a child for the production of pornography, but no cases of child pornography were reported. The country was a destination for some child trafficking in the country, and refugee children from CAR were particularly vulnerable to commercial sexual exploitation.

Medical professionals in N’Djamena reported a sixfold upsurge in sexual assault on underage girls toward the end of the rainy season, attributed to rising insecurity.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Members of National/Racial/Ethnic Minority Groups

There were approximately 200 ethnic groups speaking more than 120 languages and dialects.

Conflict between herders and farmers resulted in dozens of deaths and injuries, particularly during November and December. Authorities called for peaceful cohabitation and traveled to provinces in central areas of the country worst hit by violence to mediate and encourage dialogue. On December 24, the government created a disarmament commission to confiscate firearms, which are illegal for private citizens to possess. NGOs stated this conflict persisted due to growing human and cattle populations, competition over scarce resources, and judicial impunity for perpetrators of violence with political or economic connections to authorities.

The government restricted social media and internet access between July and October, citing fears of interethnic violence following a violent incident at the Champ de Fil market (see section 2.a., Internet Freedom).

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