Categories
Politics

The Government System of Chad

Chad is a landlocked country located in North-Central Africa and is bordered with six other countries which are Sudan, Libya, Niger, Nigeria, Cameroon and the Central African Republic. The capital city, N’Djamena is located along the border with Cameroon, directly facing Cameroon’s town of Kousseri, both the town and city are connected by a cross-border bridge.

Featured Photo: Map from CIA World Factbook. (I edited in the flag.)

The area that is Chad once had a number of states and empires within it that fell and rose. After some time, the territory that is today Chad was conquered by the French and incorporated into their Empire by 1920 and became part of French Equatorial Africa. After World War II, France granted Chad increased autonomy by making it an overseas territory allowing it to elect its own representatives, eventually full independence came on 11th August 1960.

After this the country experienced tough-times, it became an autocracy which led to inter-ethnic tensions and an insurgent group of Muslims in the country’s North, called the National Liberation Front of Chad started a civil war, leading to the autocratic leader Tombalbaye being overthrown and killed. Despite this insurgency continued in the country as a number of factions battled for control. Hissenne Habre, a Chadian politician backed by France and the US took power as the insurgency continued.

During the choas Libya decided to take advantage and invade the country, which caused Habre to at least temporarily unite the country to force them back out again. Habre though would become a corrupt and human rights abusing dictator, with thousands said to have been killed under his rule. He was eventually overthrown in a coup by his general in 1990, after which Habre would be put under house arrest and sentenced to life in prison for war crimes and various human rights abuses.

Idriss Deby, the general who took over in the 1990 coup, reintroduced multi-party elections in an attempt to reconcile rebel groups and end the ongoing insurgency and a new constitution was adopted in 1996. Unfortunately, ethnic violence worsened and the civil war renewed and Deby made moves on constitutional amendments, such as removing the two-term limit, seen as a possible step towards autocracy again. After peacekeeping missions from the UN, intervention from France and an agreement for the restoration of harmony between Chad and Sudan (who were allegedly backing the rebels) in 2010 led to an end of the civil war, although the country still remains unstable and it is always possible the civil war could renew. Corruption in government is still viewed as high.

Chad is a very diverse country with over 200 ethnic and linguistic groups, the largest being the Sara peoples. The official languages are Arabic and French and the largest religion is Islam followed by Christianity. Chad’s soaring population is estimated to reach 16,877,357 by July 2020. The country’s currency is the Central African franc, which it uses alongside Cameroon, Central African Republic, Republic of the Congo, Equatorial Guinea and Gabon.

Government Type

Chad Coat of Arms. By Milenioscuro from wikimedia. License.

Chad is a Presidential Republic where a President is both Head of State and Head of Government. There is a democratically elected unicameral chamber called the National Assembly that makes up the legislative government. Multiple Parties are allowed.

There is currently a Prime Minister but the latest 2018 constitutional amendment has abolished the position so it is assumed that when the next parliamentary election is held there will not be a new Prime Minister appointed, so below I am still including the functions of Prime Minister but please note that many of those functions will soon be totally in the power of the President, without the need of counter-signature of powers.

Executive Government

Current President Idriss Deby. Photo in Public Domain.

As already stated, the President is both Head of State, where he represents the country abroad in foreign and diplomatic affairs and also Head of Government where he oversees and delegates and leads the executive government. The President has many powers at its disposal.

In the case of temporary absence from the territory or temporary incapacity of the President, the Prime Minister will be the interim with the powers that were delegated to them by the President (I would now assume this would be the President of the Assembly instead). In the case of definitive vacancy and incapacity confirmed by the Constitutional Council, the President of the National Assembly will become interim leader of the country, if that person is not available then it will be the Vice-President of the National Assembly instead, they will remain interim until fresh presidential elections are held within 45-90 days. The interim leaders have significantly limited powers.

The President appoints the Prime Minister after parliamentary elections and appoints and dismisses members of the government on proposal of the Prime Minister. The President presides over the Council of Ministers and signs their orders and decrees. (Again, note that the appointment of Prime Minister will assumed to no longer happen whenever new parliamentary elections are held).

The President promulgates laws passed by the National Assembly but within the 15 day time period of promulgation (8 days if urgent) the President can send a law bill back for reconsideration (either on all of the bill or certain parts).

On proposal of the government or the National Assembly and opinion of the Constitutional Council the President can submit a law bill to National Referendum if it concerns organisation of public powers such as approving an agreement of union or authorization of treaty ratification.

If public powers are menaced due to persistent crises between executive and legislative government or if the National Assembly dismisses the government twice in the space of one-year, the President can, after consultation with the Prime Minister and President of the National Assembly, dissolve the National Assembly and hold fresh elections within 45-days. This action cannot be repeated for the year following elections.

The President is the Supreme Head of the country’s armed forces. Within the Council of Minister’s the President appoints high civil and military functions of the state. The President also presides over the Superior Councils and Committees of the National Defense.

In the President’s foreign affairs and diplomatic capacity, he accredits and recalls ambassadors and envoys.

The President has the right to pardon from the law.

Under extraordinary circumstances, after consultation with the President of the National Assembly and President of the Constitutional Council, the President of the Nation can be granted exceptional powers for a period not exceeding 15-days and of which can only be extended by consent of the National Assembly. These powers cannot negate human rights guaranteed by the constitution.

Some of the President’s powers require counter-signature of the Prime Minister or Minister concerned to have effect, although most do not. Powers such as the appointment of Prime Minister, dissolving the National Assembly, referendums, usage of exceptional powers, appointments to councils (excluding the Council of Ministers) and appointments made to judicial positions. (Again, note that this section will soon not exist, although it is unclear if the President may still need counter-signature from elsewhere.)

Government is composed of the Prime Minister (soon to be abolished) and Ministers and the Council of Ministers – determining governing policy and execution of laws and maintaining law and order. Within 21-days of being appointment the Prime Minister must bring forth a Program of Government to the National Assembly which acts as a vote of confidence in the government. (Unclear how the Government Program would soon function.)

The Prime Minister presides over the Council of the Cabinet and can substitute for the President in the presidency of the Council of Ministers and councils and committees of defense. Acts of the Prime Minister are counter-signed by Ministers concerned for them to have an effect. (Assumed now the President will take over this or delegate others to do so).

The Council of Ministers can decree a state of siege or urgency, extending these states beyond 12 days requires consent of the National Assembly.

In the President’s role of guarantor of judicial independence, he presides over the Superior Council of the Magistrature. The First Vice-President of this Council is the Minister of Justice and the Second Vice-President of this Council is the President of the Supreme Court. Other members of the council are elected by their peers on conditions set by electoral laws. The Council proposes appointments and promotions of magistrates and also revocation of magistrates. The President of the Nation by this guidance appoints, promotes or revokes magistrates.

The Supreme Court, which is the country’s highest court, has a President which is appointed by the President of the Nation from the high magistrates of the judicial order. The Supreme Court is made up of 20 further members. 11 of these 20 are chosen from among senior judges from the judiciary, 6 appointed by the President of the Nation and 5 appointed by the President of the National Assembly. The final 9 are chosen from among the specialists of Administrative Law, 5 of whom appointed by the President of the Nation and 4 of whom appointed by the President of the National Assembly. All members and the President of the Supreme Court serve 7-year-terms and are irremovable during their terms.

The Constitutional Council is made up of 9-members, they must be three magistrates and six jurists of high level. The President of the Nation appoints two magistrates and three jurists and the President of the National Assembly appoints one magistrate and three jurists. Members serve 9-year non-renewable terms. One-third of the Constitutional Council is re-appointed every 3-years.

There is a High Court of Justice with 15 members, 10 deputies, two members of the constitutional council and 3 members of the Supreme Court. Members are elected by their respective peers and the President of the High Court is elected by members of the High Court. The High-Court trials the President of the Nation or members of government charged with high treason and can lead to removal from office.

Legislative Government

Chad’s National Assembly. Photo by Kayhan Ertugrul. License.

Legislative government is made up of a single, unicameral chamber of parliament called the National Assembly. It has currently 188 elected members, although so far, the same parliament has been in place since 2011 as the 2015 elections were postponed – which you can read more about in the Electoral System section below.

The National Assembly is where law bills and motions are introduced, amended, rejected or passed of which it will then go on to the President of the Nation for promulgation if passed. After parliamentary elections the members of the National Assembly elect the President of the National Assembly for the parliaments 4-year term and the Bureau members as well, which are re-elected each year. A 2/3 vote of parliamentary members can remove a bureau member such as for substantiated breach and the position is then re-elected. The President of the National Assembly regulates debate and makes sure rules are followed.

Both members of the National Assembly and the Government can introduce law bills and motions to the National Assembly, through the commissions.

Sittings of the National Assembly are public unless one-third of members vote for a closed session. The Prime Minister can simply also demand a closed session (while he exists).

An extraordinary session of parliament can be held by demand of majority of members or demand of the Prime Minister (while he exists). A decree by the Nations President opens and closes these extraordinary sessions.

Declaration of War is authorized by the Parliament. The decision to send troops abroad is at the President’s decision and the National Assembly is informed, including objectives, if an intervention lasts longer than 4 months, prolongation further requires consent from the National Assembly.

The National Assembly can bring forth a motion of censure against the government by a signing of at least one-tenth of members and requires a simple majority to pass. If successful the government resigns and the President would have appointed a new Prime Minister and on proposal of said Prime Minister a new government, or sometimes under circumstances of persistent censure, the President may call fresh parliamentary elections. (this last part would likely no longer happen and it is unclear if censure will be relevant somehow when the 2018 constitutional amendment is fully implemented and if so how it would work.)

Electoral System

Image in Public Domain.

Presidential elections happen every 6-years and are elected using a two-round system whereby if no candidate gets an absolute majority in the first round, a 2nd round is held between the two best performing candidates which is won by simple majority. The latest constitution 2018 amendment reintroduced a two-term limit (as well as increasing the Presidency term from 5 to 6-years).

Requirements for presidential candidates are to be a Chadian citizen from birth, be at least 35-years or older, enjoy all civil and political rights, have good physical and mental health and be of good morality. Candidates must also pay a surety the amount of which is established by law. Candidates who are armed forces or security must get extended leave to be eligible to run.

Parliamentary elections are meant to be held every 4-years to elect members of the National Assembly. Out of the current 188-members, 163 are directly elected from multi-seat constituencies using a proportional representation system allowing representation for parties who reach a determined quota. The other 25-members are directly elected from single-seat constituencies using a two-round system where a candidate requires an absolute majority to win in the first round, otherwise a 2nd round is held between the top-two candidates won by simple majority.

Candidates requirements for National Assembly is that they are a Chadian citizen, the rest of the requirements are determined by electoral law. Functioning of the National Assembly election is also determined by electoral law and so is easier to change. Number of members is not set in constitution and so also determined by electoral law.

Currently the current National Assembly has been in place since 2011 without further elections which has also been noted in the constitution under Article 109. It is due to insufficient funds to run the elections due to an economic slump. Elections have since been postponed several more times with an aim to hold elections now sometime this year. The opposition have strongly criticized the President for this and also refuse to recognise a new Independent Election Commission as they believe it is not impartial enough.

To vote in elections one must be a Chadian citizen enjoying all their civil and political rights and who is at least 18-years or older. Voting is not mandatory.

Sources

My sources come from the country’s 1996 constitution with amendments through to 2015 (on constituteproject.org), please note that the constitution was also amended in 2018 so not everything may be accurate, although I have done some research to fill changes from here, there is also always a chance I misinterpreted some parts and that the constitution can also be amended so cross-checking is important if used in a serious capacity. I also got some information such as on elections, population and the constitutional amendment process from the CIA World Factbook. Source for legislative elections postponement here.

The country’s constitution can be amended on proposal of the Council of Ministers or National Assembly which is then proposed by the President. A three-fifths majority is required in the National Assembly to approve consideration for revision and a two-third vote in the National Assembly or a National Referendum won by simple majority is required to pass a constitutional amendment.


Next up will be the government system of Chile!

Thank you for reading this post, if you have any queries please Email me, you can find my Email in the Contacts & Community section. Please also follow The Weekly Rambler on Twitter and Facebook which you can access through the buttons at the bottom of this website. You can also use the social media buttons under each blogpost to share with your family, friends and associates. You can also subscribe to Email notifications at the right-side of this website to know whenever a new post goes up (you can easily unsubscribe from this at any time through a button in each Email notification), or alternatively you can use an RSS Feed Reader. Please also join my FB Group The Weekly Ramblers Readers Group where readers can more easily talk with each other and also with me whenever I am on, you can also find it in Community.