Chad

A landlocked country sharing borders with Libya, Sudan, Central African Republic, Cameroon, Nigeria, and Niger, Chad’s geography, geopolitics and oil resources have contributed to cycles of violence and corruption. Since the death of President Idriss Déby on April 19, 2021, the country has been ruled by his son, Mahamat Idriss Déby, leading the transitional military council.[ref]https://www.franceculture.fr/emissions/reportage-de-la-redaction/au-tchad-une-transition-politique-qui-ne-passe-pas[/ref] Chad is a member of the African Union[ref]https://journals.openedition.org/rdr/437[/ref] and a party to the International Covenant on Civil and Political Rights.[ref]https://www.state.gov/reports/2018-report-on-international-religious-freedom/chad/[/ref]

According to the most recent reports, the population of 15.8 million people is estimated to be 52% Muslim, 24% Protestant, 20% Roman Catholic, and 3% atheist.[ref]https://www.state.gov/reports/2018-report-on-international-religious-freedom/chad/[/ref] The country is also home to small groups of Baha’is and Jehovah’s Witnesses.[ref]https://www.state.gov/reports/2018-report-on-international-religious-freedom/chad/[/ref] The country is divided geographically by a religious frontier, with a majority of Muslims in the North and Christians in the South.[ref]https://journals.openedition.org/rdr/437[/ref] Muslims generally adhere to Sufism and a small minority to Salafism, but many ethnic differences exist in the practice of Islam in Chad. The majority of Protestants are evangelical Christians.[ref]https://www.state.gov/reports/2018-report-on-international-religious-freedom/chad/[/ref]

In May 2016, a special court in Senegal convicted a former president of Chad, Hissène Habré, of crimes against humanity, war crimes, and torture, including rape and sexual slavery. The victims of Habré have yet to receive any reparations. Many serious human rights problems continue to exist in the country today. These include cases of unlawful or arbitrary killings, extrajudicial killings by government or on behalf of government; torture and cases of cruel, inhuman, or degrading treatment or punishment; harsh and life-threatening prison conditions; arbitrary arrest or detention of political prisoners or detainees.[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/chad/[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Grave Violations
Severe Discrimination
Systemic Discrimination

Constitution and government

Chad’s Constitution,[ref]https://www.constituteproject.org/constitution/Chad_2018.pdf?lang=en[/ref] adopted in 2018, establishes the State as secular (as was the case in Chad’s previous constitutions since 1993).

The preamble states:

“[…] political, ethnic and religious tolerance, forgiveness and interreligious dialogue are fundamental values ​​contributing to the consolidation of national unity and cohesion.”[ref]https://journals.openedition.org/rdr/437[/ref]

Article 28 guarantees freedom of religion or belief, expression and assembly:

“The freedoms of opinion and of expression, of communication, of conscience, of religion, of the press, of association, of assembly, of movement, and of demonstration are guaranteed to all.”[ref]https://www.constituteproject.org/constitution/Chad_2018.pdf?lang=en[/ref]

However, the preamble also grants the state the right to regulate religious freedom by law to “ensure mutual respect for the rights of others” and to safeguard “public order and good morals.”[ref]https://www.state.gov/reports/2018-report-on-international-religious-freedom/chad/[/ref]

Originally, the 2018 Constitution established an oath for members of the government and other officials who had to swear on the Quran or Bible in order to take-up their role.[ref]https://www.state.gov/reports/2018-report-on-international-religious-freedom/chad/[/ref] The mandatory oath was withdrawn by constitutional amendments after it received a lot of criticism from the civil society and religious groups.[ref]​​https://freedomhouse.org/country/chad/freedom-world/2021[/ref]

Despite the principle of secularism inscribed in the constitution, Muslims hold a privileged position in the government; Freedom House has observed that, “Christians in the south are largely excluded from political power; some Christians hold government positions, but their voice is limited.”[ref]https://freedomhouse.org/country/chad/freedom-world/2021[/ref]

The Director of Religious and Traditional Affairs oversees religious matters. The High Council for Islamic Affairs (HCIA) oversees Islamic religious activities, including the supervision of some Arabic-language schools and higher institutions of learning, and the representation of the country in international Islamic meetings. The HCIA, in coordination with the president, appoints the grand imam, a spiritual leader for Muslims, who oversees each region’s high imam and serves as head of the council. In principle, although not consistently in practice, the grand imam has the authority to restrict proselytizing by Islamic groups, regulate the content of mosque sermons, and exert control over activities of Islamic charities.

While the government is legally obligated to treat all religious groups or denominations equally, some non-Muslims allege that Muslims receive preferential status, particularly concerning use of public lands for building places of worship.

Education and children’s rights

Education

School attendance is mandatory for children aged between six and 15.[ref]http://uis.unesco.org/fr/country/td[/ref] The core curriculum does not include religious studies. Public education is secular, but the state allows religious private schools to operate. Islamic schools are increasingly financed by funds from foreign Muslim-majority states, most notably the United Arab Emirates. They often come to replace the failing public education, thus appearing as “a credible social alternative.”[ref]https://journals.openedition.org/rdr/437[/ref] Although they are allowed to operate, the HCIA oversees Islamic activities and schools.[ref]https://www.state.gov/reports/2018-report-on-international-religious-freedom/chad/[/ref]

Due to a large number of refugees, a number of schools for refugees also exist under the control of the UN Refugee Agency.[ref]https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/79409/85373/F- 30051095/TCD- 79409.pdfhttps://www.unhcr.org/news/latest/2015/12/566e86839/building-future-education-chad.html[/ref]

Child Marriage

The legal age of marriage is set at 18, thus making child marriage illegal. However, the courts rarely hold accountable anyone involved in forcing these marriages.[ref]https://freedomhouse.org/country/chad/freedom-world/2021[/ref] According to a UNICEF Report on Child Marriage in the Sahel region (2020), there are one million girls aged under 18 who are married in Chad.[ref]https://reliefweb.int/sites/reliefweb.int/files/resources/Child-marriage-in-the-Sahel-brochure-English_2020.pdf[/ref]

Female Genital Mutilation (FGM)

It is estimated that between 44%[ref]https://www.refugeelegalaidinformation.org/chad-fgm[/ref] and 50%[ref]https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-021-10293-y[/ref] of the women in Chad have been victims of Female Genital Mutilation (FGM), and that around 4,000 to 5,000 girls are mutilated in Chad each year.[ref]https://www.ifrc.org/ar/news-and-media/news-stories/africa/chad/chad-red-cross-involves-african-tribal-chiefs-in-the-fight-against-female-genital-mutilation/[/ref]

The prevalence of the practice differs depending on numerous factors such as religion, ethnicity, and region. Amongst the women victims of FGM, it is estimated that 50% are Muslim, 40% Catholic, and 15% Protestant. The Enquête Démographique et de Santé à Indicateurs Multiples has reported that in 51% of cases, women consider the practice not to be required by their religion, and 31% deem FGM to be a religious necessity.[ref]https://www.coordinationsud.org/wp-content/uploads/PASFASS_Rapport-Etude-MGF_FINAL-1.pdf[/ref]

The practice is officially illegal in Chad and carries a jail sentence of up to five years.[ref]https://www.ifrc.org/ar/news-and-media/news-stories/africa/chad/chad-red-cross-involves-african-tribal-chiefs-in-the-fight-against-female-genital-mutilation/[/ref] However, no example of recent procedures involving the law against practitioners of FGM has been found. According to the Ministry of Social Action and Justice, trials are underway in certain regions, but no detail nor evidence of them has been published.[ref]https://www.28toomany.org/static/media/uploads/Law%20Reports/chad_law_report_v1_(july_2018)_french.pdf[/ref] As cases of FGM continue to rise in Chad, the National Commission of Human rights has opened an investigation to analyze the growth of the phenomenon and the government’s response.[ref]https://www.rfi.fr/fr/afrique/20200912-tchad-bien-interdits-cas-excision-multiplient[/ref]

Family, community and society

LGBTI+ rights

Same-sex relations are illegal in Chad under the Penal Code revised in 2017 and are punished by two years’ imprisonment and a fine of between 50,000 and 500,000 Central African CFA francs.[ref]https://www.humandignitytrust.org/country-profile/chad/[/ref] There is no evidence that this law has been enforced, but the lack of investigation after the death of an openly gay man, Ahmat Fraicheur, in 2020, has shown how the public authorities treat LGBTI+ victims of crime differently.[ref]https://tchadinfos.com/faits-divers/enquete-qui-a-assassine-ahmat-fraicheur/[/ref] In addition, LGBTI+ people are stigmatized and marginalized, which forces them to “conceal their sexual orientation and gender identity.”[ref]https://freedomhouse.org/country/chad/freedom-world/2021[/ref]

In 2016, the former Prime Minister of Chad and current member of parliament, Delwa Kassiré Coumakoye, asserted that “Homosexuality is condemned by all religions. We do not have to forgive something that God himself rejects, because Westerners have said this.”[ref]https://www.humandignitytrust.org/country-profile/chad/[/ref]

Freedom of expression, advocacy of humanist values

The constitution provides for freedom of expression and freedom of the press. However, both are severely restricted in practice. Broadcast media are controlled by the state. The government does not restrict access to the Internet in theory, but Amnesty International estimates that there has been the equivalent of nearly two and a half years of internet cuts or disruptions since 2016.[ref]https://www.amnestyusa.org/countries/chad/[/ref]

The US Department of State’s 2020 Country Report on Human Rights Practices in Chad has observed that journalists and human rights defenders have faced threats, harassment and intimidation by the authorities. It also says that “Local media reported that journalists faced regular arrest after publication, with most released fairly quickly, others held in detention for weeks or months, and some severely mistreated, particularly when articles discussed impunity or criticized the president and his associates.”[ref]https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/chad/[/ref]

Whilst the constitution provides for freedom of peaceful assembly in limited circumstances, the government does not respect this and regularly interferes with opposition protests and civil society gatherings, including via arrests and the use of excessive force or violence against demonstrators.[ref]https://www.amnestyusa.org/countries/chad/[/ref]

In June 2018, the authorities amended a number of laws including the Ordinance that regulates associations,[ref]Ordinance no.023/PR/2018 (27 June 2018); https://observatoire.td/upload/files/dt_21601119588.pdf[/ref] failing to take into account recommendations made by national and international human rights organizations. The new regulations control public meetings and demonstrations in public spaces, and have been regularly used by the Chadian government to ban religious gatherings and processions.

According to Amnesty International, “The new law imposes a blanket ban on all “regionalist or community associations” without providing any legal grounds or explanation, and maintains a previous provision which requires that citizens creating associations must receive a prior authorization from the Ministry of Territorial Administration before they can start operating.”[ref]https://www.amnesty.org/en/latest/news/2018/10/chad-new-law-jeopardizes-the-right-to-freedom-of-association-2/[/ref]

Article 25 contains vague provisions forbidding religious associations to undertake any activity deviated from their original purpose and contrary to their apolitical vocation (“Est interdit aux associations religieuse toute activité déviée de leur objet initial et contraire à leur vocation apolitique”),[ref]Ordinance no.023/PR/2018 (27 June 2018), https://observatoire.td/upload/files/dt_21601119588.pdf, Article 25[/ref] which could be used to prevent religious associations to exercise their right to freedom of expression. The former UN Special Rapporteur on the right to peaceful assembly and association, Maina Kiai, had described this decree as turning religious freedom into a privilege in Chad.[ref]https://journals.openedition.org/rdr/437[/ref]