Legal Framework
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 only be limited by law 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.
Under the law, all associations, religious or otherwise, must register with the Ministry of Territorial Planning, Urban Development, and Housing. The associations must provide a list of all the founding members and their positions in the organization, the founders’ resumes, copies of the founders’ identification cards, minutes of the establishment meetings, a letter to the minister requesting registration, the principal source of the organization’s revenue, the address of the organization, a copy of the rules and procedures, and the statutory documents of the organization. The Ministry of Public Security and Immigration 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 a bank account or enter into contracts; it may also lead to the banning of a group, one month to a year in prison, and a fine of 50,000 to 500,000 CFA francs ($88 to $880). 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 in the entire national territory by ministerial decree. This also applies to niqabs.
The constitution states public education shall be secular. The government prohibits religious instruction in public schools but permits religious groups to operate private schools.
The government-created High Council for Islamic Affairs (HCIA) oversees Islamic religious activities, including some Arabic language schools and institutions of higher learning, and represents the country at international Islamic forums. Wahabbists are not officially represented on the council and are banned by the government. The Grand Imam of N’Djamena, who is selected by a committee of Muslim elders and approved by the government, is the de facto president of the HCIA and oversees the 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.
The constitution states military service is obligatory and prohibits invoking religious belief to “avoid an obligation dictated by the national interest.” The government does not enforce conscription, however.
The Office of the Director of Religious and Traditional Affairs under the Ministry of Territorial Planning, Urban Development, and Housing oversees religious matters. The office is responsible for mediating intercommunal conflict, reporting on religious practices, coordinating religious pilgrimages, and ensuring religious freedom.
According to regulations of the government board that oversees the distribution of oil revenues, Muslim and Christian leaders share a rotational position on the board. The position is held for three years and may be renewed only once.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
The government maintained its ban on the leading Wahabbist group; however, those practicing continued to meet and worship in their own mosques.
The government continued its long running public education campaign in the national media to inform individuals of the burqa ban. During the year, there were no known prosecutions for violating the ban.
In June during the celebration of the end of Ramadan, President Deby stated that all mosques should affiliate with the HCIA and that the HCIA would have oversight over all Muslim activities. Institutions that did not comply could face closure.
The government continued to deploy security forces around both Muslim and Christian places of worship, notably on Fridays around mosques and Sundays around churches, as well as other occasions for religious events.