The Constitution of the Republic of Chad (French: Constitution de la République du Tchad) is the supreme law of Chad. French ( français,) is a Romance language spoken around the world by 118 million people as a native language and by about 180 to 260 million people Chad (Tchad تشاد Tshād) officially known as the Republic of Chad, is a Landlocked country in Central Africa. ^[1] Adopted in 1996, six years after President Idriss Déby rose to power following a successful rebellion against President Hissène Habré, this formal document establishes the framework of the Chadian state and government and enumerates the rights and freedoms of its citizens. List of Heads of State of Chad (Dates in italics indicate de facto continuation of office Affiliations Last elections Lieutenant General Idriss Déby Itno (born 1952 is the President of Chad and the head of the Patriotic Salvation Movement. Hissène Habré (born 1942 also spelled Hissen Habré, was the leader of Chad from 1982 until he was deposed in 1990 The Government of Chad has been controlled by Idriss Déby and his Patriotic Salvation Movement since December 2, 1990, and officially since In its current form, the contents of the Constitution include a preamble, 16 parts and 225 articles. A preamble is an introductory statement in a document that explains the document's purpose and underlying philosophy ^[1]

The Constitution, originally composed of 239 articles and 15 parts,^[2] has been amended in 2005 for the first time since 1996. In the amendments approved by the Chadian populace amid fraud allegations, the term limits for the presidency were eliminated, an amendment deeply resented by the opposition and parts of the establishment. On 6 June 2005 the Chadian voters were called to pronounce themselves through a Referendum on the revision of the Constitution originally approved on

Contents 1 Previous constitutions 2 Constitutional process 3 1996 constitution 3.1 Preamble 3.2 Title one 3.3 Title two 3.4 Title three 3.5 Title four 3.6 Title five 3.7 Title six 3.8 Title seven 3.9 Title eight 3.10 Title nine 3.11 Title ten 3.12 Title eleven 3.13 Title twelve 3.14 Title thirteen 3.15 Title fourteen 3.16 Title fifteen 4 2005 constitutional revision 5 Notes 6 References

Previous constitutions

Before the current constitution was approved in 1996, Chad had already been subjected between 1959 and 1990 to eight constitutions. The year 1959 ( MCMLIX) was a Common year starting on Thursday (link will display full calendar of the Gregorian calendar. Year 1990 ( MCMXC) was a Common year starting on Monday (link displays the 1990 Gregorian calendar) The first constitution was approved on March 31, 1959, when the country was still a French colony. Events 307 - After divorcing his wife Minervina, Constantine marries Fausta, the daughter of the retired Roman Emperor Colonial Chad is the period during which the territory of today Chad was a part of the French colonial empire. The constitution originated a parliamentary system, with executive powers exercised for a five-years' term by a Prime Minister, subject to the confirmation of the National Assembly. A parliamentary system, also known as parliamentarianism (and parliamentarism in American English) is a System of government in which The Head of government of Chad is the Prime Minister History The position of Prime Minister was first used in Chad during the Military The National Assembly ( Assemblée Nationale) is the parliament of Chad. This constitution was early replaced on November 28, 1960, when the country had just achieved independence, with a new one that introduced a semi-presidential system. For the town in Argentina, see 28 de Noviembre. Events Year 1960 ( MCMLX) was a Leap year starting on Friday (link will display full calendar of the Gregorian calendar. President François Tombalbaye replaced that constitution in April 16, 1962, with a third constitution that provided for a fully presidential system. François Tombalbaye, also called Ngarta Tombalbaye ( June 15, 1918 &ndash April 13, 1975) was a teacher and a Trade union Events 1178 BC - A Solar eclipse may have marked the return of Odysseus, legendary King of Ithaca, to his kingdom Year 1962 ( MCMLXII) was a Common year starting on Monday (the link is to a full 1962 calendar of the Gregorian calendar. A presidential system is a System of government where an executive branch exists and presides (hence the term separately from the Legislature Under this constitution, the president was elected for a seven-years' term by a restricted electoral college, composed by National Assembly deputees, mayors, municipal councillors and chiefs. The new constitution also ushered the way to the one party-system by restricting election to the assembly through a single electoral list. The passage to one-party rule was later officialized through the constitutional law of December 29, 1965, amending the 1962 constitution. Events 1170 - Thomas Becket: Thomas Becket Archbishop of Canterbury is assassinated inside Canterbury Cathedral by followers of King Henry II Year 1965 ( MCMLXV) was a Common year starting on Friday (link will display full calendar of the 1965 Gregorian calendar. Eventually Tombalbaye opted for a new constitution in November 1973, on the wave of the cultural revolution and the demise of the Chadian Progressive Party in favour of the National Movement for the Cultural and Social Revolution, so that the new constitutional text would enshrine the regime's ideology. Authenticité was the name given to the Chadian president François (Ngarta Tombalbaye 's attempt to remove foreign influence and promote southern Chadian The Chadian Progressive Party ( Parti Progressiste Tchadien or PPT was the first African political party created in Chad, active from 1947 to 1973 The National Movement for the Cultural and Social Revolution ( Mouvement National pour la Révolution Culturelle et Sociale or MNRCS was a political party in Chad. ^[3]

Following the fall of Tombalbaye in 1975 and the accord between President Félix Malloum and the insurgent leader Hissène Habré in 1978, a new constitution was created on August 29, 1978, to make space for a coalition government, with the executive power shared between the President and the Prime Minister. The Chadian coup of 1975 was in considerable part generated by the growing distrust of the President of Chad, François Tombalbaye, for the army Year 1975 ( MCMLXXV) was a Common year starting on Wednesday (link will display full calendar of the Gregorian calendar. General Félix Malloum or Félix Malloum Ngakoutou Bey-Ndi (born 1932 is a Chadian politician from the south Hissène Habré (born 1942 also spelled Hissen Habré, was the leader of Chad from 1982 until he was deposed in 1990 Year 1978 ( MCMLXXVIII) was a Common year starting on Sunday (link displays the 1978 Gregorian calendar) Events 708 - Copper coins are minted in Japan for the first time (Traditional Japanese date: August 10, 708) As part of the coalition accord a National Council representative of all prefectures was set up, and also a Defence and Security Council in which Malloum and Habré partisans were given equal represtation. ^[3]

Another constitutional text to follow was the short-lived Declaration of N'Djamena, an interim-document originated on May 8, 1982, after long negotiatiations among the factions that composed the Transitional Government of National Unity. N'Djamena (ənʤəˈmeɪnə Arabic Niǧāmīnā نجامينا population 721000 (2005 is the Capital city of Chad. Events 589 - Reccared summons the Third Council of Toledo 1450 - Jack Cade's Rebellion: Kentishmen Year 1982 ( MCMLXXXII) was a Common year starting on Friday (link displays the 1982 Gregorian calendar) The Transitional Government of National Unity ( Gouvernement d'Union Nationale de Transition or GUNT was the coalition government of armed groups that nominally ruled Chad The declaration provided for an executive president, Goukouni Oueddei, and a 15-men policy-making organ in which all factions were by law to be represented. Goukouni Oueddei (born 1944 is a Chadian political figure He was Head of State of Chad in 1979 and again from 1979 to 1982 Members of the Council could not stand in the cabinet, which awnsered to Goukouni and was headed by Prime Minister Dono-Ngardoum Djidingar. ^[3] After less than a month the declaration was already defunct, when Habré's forces conquered the capital on June 7. Events 1099 - The First Crusade: The Siege of Jerusalem begins ^[4] Once arrived to power, Habré engineered on September 29 a constitution in line with his needs and that of his faction, the Armed Forces of the North (FAN). Events 522 BC - Darius I of Persia kills the Magian usurper Gaumâta securing his hold as king of the Persian Empire. The Armed Forces of the North ( Forces Armées du Nord or FAN was a Chadian rebel army active during the Chadian Civil War. The constitution provided for a powerful President that was both head of state and of government, put in its place by the FAN's political bureau. In case of high treason, the President was accountable for his acts before an ad hoc created FAN high court. A 30-strong members National Consultative Council was also projected, whose members were to come from all of Chad's prefectures and were appointed and dismissed by the President. ^[3]

After Habré defeated Libya in the Toyota War, considerable French pressure was put on Chad to start a democratisation process and to proceed towards national reconciliation. Libya ( ليبيا ar-Latn Lībiyā; Libyan vernacular: Lībya; Amazigh:) officially the Great Socialist People's Libyan Arab The Toyota War is the name commonly given to the last phase of the Chadian-Libyan conflict, which took place in 1987 in Northern Chad and on the Libyan-Chadian border As an anwser to these pressures Habré's government produced in June 1989 a constitutional draft that was to establish a strong president elected for a seven-year term and reintroduced the National Assembly, always in the frame of a one-party system. Year 1989 ( MCMLXXXIX) was a Common year starting on Sunday (link displays 1989 Gregorian calendar) With an official but improbable turnout of 99. 4% a popular referendum sanctioned the constitution's approval with a 92% of "yes" votes. Such a referendum could hardly legitimate the regime, and gave little hope of progress towards a true national reconciliation. ^[5]

Constitutional process

The day after rising to power on December 2, 1990, Idriss Déby suspended the 1989 constitution. Events 1409 - The University of Leipzig opens 1755 - The second Eddystone Lighthouse is destroyed by fire Year 1990 ( MCMXC) was a Common year starting on Monday (link displays the 1990 Gregorian calendar) Lieutenant General Idriss Déby Itno (born 1952 is the President of Chad and the head of the Patriotic Salvation Movement. ^[6] This was replaced on March 1, 1991, by a transitional national charter, after having been adopted on February 28 by the National Salvation Council, that it was announced would be replaced in 30 months by a new constitution drawn up by a Sovereign National Conference. Events 86 BC - Lucius Cornelius Sulla, at the head of a Roman Republic army enters in Athens, removing the Tyrant Year 1991 ( MCMXCI) was a Common year starting on Tuesday (link will display full calendar of the Gregorian Calendar. Events 202 BC - coronation ceremony of Liu Bang as Emperor Gaozu of Han takes place initiating four centuries of the Han Dynasty 's rule ^[4] The Charter, while if it gave vast if not exhorbitant powers to the presidency^[7], assured fundamental freedoms and rights, including the freedom of opinion and of association, the freedom of the press, the free movement of persons and property, the right to own property and the individual and collective freedoms in the frame of a pluralist democracy. ^[8] The Charter also prohibited magistrates, men of the military and security services from being members of any party. The Charter also attempted to avoid a return of warlodism and sectarian politics, that had long plagued Chad: article 5 demanded parties "to shun intolerance, tribalism, regionalism, religious discrimination and xenophobia and incitement to hatred, and the recource [to] violence in all its forms", while article 6 forbade parties "to set up military or paramilitary organizations; to reconstitute into political parties any erstwhile politico-military bodies". To weaken tribalism, it was also added that to register, parties would need at least 3 members taken from each of ten prefectures. Chad was divided into 14 Prefectures from 1960, the year of independence to 1999, when the country was divided in 28 departments A further Despite this, the charter was widely seen of an attempt by a government only reluctantly committed to democracy to strictly remain in control of every part of the democratisation process. ^[9]

In December 1991, with considerable delay and due to both serious armed challenges to Déby rule and French pressure^[7], a 79-member commission was instituted to prepare the ground for the conference that, originally scheduled to be convened in May 1992, was on the occasion postponed. Year 1992 ( MCMXCII) was a Leap year starting on Wednesday (link will display full 1992 Gregorian calendar) Following a month of discussions, the commission articulated a plan for the conference and its composition. ^[10] Another commission followed in November 1992, known as the Tripartite Commission, comprised of representatives of political parties, the government and civil society, under the chairmanship of the Interior Minister. The Commission appointed the 830 delegates to be represented at the CNS from a cross-section of Chad’s society. The conference, which opened on January 15, 1993, obtained sovereign powers, and was encharged to prepare a draft of the constitution in one month. ^[11]

The national conference, which remained in charge until April 6^[12], when it selected in its place a Conseil Supérieur de Transition (CST), a 57-strong body transitional parliament, and a transitional government, both of which were designed to remain in charge for a year, i. Events 46 BC - Julius Caesar defeats Caecilius Metellus Scipio and Marcus Porcius Cato in the Battle of Thapsus e. until April 6, 1994, by which term elections were to take place and a definitive constitution be approved. In the meanwhile the conference adopted the National Charter as an interim constitution. As little had been achieved during the first year of transition, the term was later extended by the CST to April 9, 1995. Year 1995 ( MCMXCV) was a Common year starting on Sunday. Events of 1995 ^[13] This period was further extended by the CST on March 31, 1995, with the date for the approval by referendum of the constitution scheduled for March 31, 1996. Events 307 - After divorcing his wife Minervina, Constantine marries Fausta, the daughter of the retired Roman Emperor Year 1995 ( MCMXCV) was a Common year starting on Sunday. Events of 1995 Year 1996 ( MCMXCVI) was a Leap year starting on Monday (link will display full 1996 Gregorian calendar) ^[14]

Finally, after more than three years of transition, the referendum was held as scheduled in 1996, proposing a draft modelled on the French constitution, promoting a presidential and unitary state. The Chadian constitutional referendum of 1996, held on March 31, 1996, was designed to approve or reject through a popular consultation a constitutional draft The current Constitution of France was adopted on October 4, 1958. ^[15][16] The proposed draft, mostly conceived among the presidential entourage and Déby's French allies^[7], was approved by the 61. 4% of the voters, but met with strong opposition in southern Chad: in four prefectures the constitution was rejected with over 80% of the votes, confirming the existence of deep divisions in Chad between the Muslim North and the Christian and animist South. Chad was divided into 14 Prefectures from 1960, the year of independence to 1999, when the country was divided in 28 departments A further ^[17] Among the motivations adduced by the supporters of the "No" vote were that it did not create an independent judiciary, that it concentrated too much power in the presidency, and that it established Arabic as an official language. ^[11]

1996 constitution

Preamble

The Constitution begins with a preamble, that severely criticizes the Chadian past, arguing that "years of dictatorship and single party rule have prevented the blossoming of any democratic culture and of multi-party politics", and has favoured the diffusion of "tribalism" and violations of human rights, thus generating "war, political violence, hatred, intolerance and suspicion between the different communities that make up the Chadian nation. The internal social structure of a tribe can vary greatly from case to case but due to the small size of tribes it is always a relatively simple structure with few (if any significant social Human rights refers to the "basic Rights and freedoms to which all humans are entitled " To put an end to the "institutional and political crisis which has been shaking Chad for more than three decades", the preamble states that the Chadian people are committed "to build a state of law and a united nation founded on public liberties and fundamental human rights, dignity of the human person, and political pluralism, on the African values of solidarity and brotherhood", and also to seek to reach the goal of African unity. Pan-Africanism is a Sociopolitical World view, and Philosophy, as well as a movement which seeks to unify both Native Africans and those of In the preamble the right of revolution is provided for: the individuals have not only the right, but also the duty to oppose "any state body that would assume power by force or would exercise it in violation of the present Constitution". In Political philosophy, the right of revolution (or right of rebellion) is a Right or Duty, variously stated throughout history of a people ^[2]

The constitution also vows to respect the human rights, defining the latter by its endorsement of the Charter of the United Nations, the African Charter on Human and Peoples' Rights and the Universal Declaration of Human Rights. The United Nations Charter is the Treaty that forms and establishes the International organization called the United Nations. The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is an International human rights instrument that purports to promote and protect The Universal Declaration of Human Rights ( UDHR) is a declaration adopted by the United Nations General Assembly ( 10 December 1948 at Palais ^[2] The constitutional endorsement of the Universal Declaration of Human Rights is an aspect Chad has in common with many national constitutions: among African countries, it is endorsed by Benin, Burkina Faso, Burundi, Cameroon, Capo Verde, Comoros, Congo-Brazzaville, Côte d'Ivoire, Equatorial Guinea, Ethiopia, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Rwanda, Senegal and Tanzania. Benin (bə'nɪn officially the Republic of Benin, and also known as Benin Republic, is a country in Western Africa. Burkina Faso (bɚˌkiːnəˈfɑːsoʊ burr-KEE-na FAH-soh) also known by its short-form name Burkina, is a Landlocked nation in West Africa Burundi (buˈɾundi officially the Republic of Burundi, is a small country in the Great Lakes region of Eastern Africa bordered by Rwanda The Republic of Cameroon is a unitary republic of central and western Africa. The Republic of Cape Verde ( Portuguese: Cabo Verde, 'kabu 'veɾdɨ is a Republic located on an Archipelago in the Macaronesia The Comoros (ˈkɒməroʊz; جزر القمر Juzur al-Qumur) officially the Union of the Comoros (Union des Comores الإتّحاد القمريّ The Republic of the Congo (République du Congo Kongo: Repubilika ya Kongo; Lingala: Republiki ya Kongó) also known as Congo-Brazzaville Côte d'Ivoire (ˌkoʊt divˈwɑː(r ' in English, kot diˈvwaʀ in French) or Ivory Coast, officially the Republic of Côte d'Ivoire, is a The Republic of Equatorial Guinea ( República de Guinea Ecuatorial,) is a country in Central Africa. NOTE This intro is the result of careful NPOV work Please do not make potentially controversial edits to it without first discussing on the talk page Gabon (gəˈbɒn or /gaˈbõ/ in French) is a country in west central Africa sharing borders with Equatorial Guinea, Cameroon, Republic Guinea, officially Republic of Guinea (pronounced /ˈgɪni/ République de Guinée is a country in West Africa, formerly known as French Guinea The Republic of Guinea-Bissau (ˈgɪni bɨˈsaʊ República da Guiné-Bissau ʁɛˈpublikɐ dɐ giˈnɛ biˈsau is a country in Western Africa, and one of the smallest Mali, officially the Republic of Mali (République du Mali is a Landlocked nation in Western Africa. Mauritania (موريتانيا Mūrītāniyā officially the Islamic Republic of Mauritania, is a country Niger ( or /ˈnaɪdʒɚ/) officially the Republic of Niger, is a Landlocked country in Western Africa, named after the Niger River. The Republic of Rwanda (ruːˈændə or /rəˈwɑːndə/ in English ɾwanda or in Kinyarwanda is a small Landlocked country in the Senegal (le Sénégal officially the Republic of Senegal, is a country south of the Sénégal River in western Africa. Tanzania ˌtænzəˈniːə officially the United Republic of Tanzania (Jamhuri ya Muungano wa Tanzania is a country in East Africa bordered by Kenya ^[18] A problem is represented by the implementation of the human rights norms, as there is a legal vacuum due to the lack of the necessary provisions in the Criminal Code, which has to be amended so that national legislation is put into line with the international human rights instruments. ^[19]

Title one

The first section of the constitution covers in 11 articles the topics concerning the State and Sovereignty. The first article states that "Chad is a . . . secular . . . Republic", adding that "the separation between state and religion is affirmed", while in the second it is affirmed that the country is organized in "the Decentralised Territorial Collectivities, whose autonomy is guaranteed by the constitution". Sovereignty in placed in the hands of the people, who express it either through referendum or the election of representatives by universal suffrage. French and Arabic are designated the official languages. N'Djamena is made the national capital. N'Djamena (ənʤəˈmeɪnə Arabic Niǧāmīnā نجامينا population 721000 (2005 is the Capital city of Chad. The constitution also defines the national motto, flag, anthem. The term anthem means either a specific form of Anglican church music (in Music theory and religious contexts or more generally a song (or composition of ^[2]

Title two

The second part (12 - 58 articles) ennumerates the rights and duties of the Chadian citizens. Men and women are equal before the law (article 13), and the State "has the duty to see to the elimination of all forms of discrimination with regard to women and to assure the protection of their rights in all areas of private and public life" (article 14). In the other articles, it is stated that the "human person is sacred and inviolable" (article 17), and that torture, slavery, arbitrary arrest and detention, collective penal responsibility are banned. Among Chadians' rights are those of opinion, circulation, press, strike, work, education, culture and to an healthy environment. "Private property is inviolable and sacred" (article 41), as is the domicile, and "the privacy of correspondence is guaranteed by law". The State and the Decentralised Territorial Collectivities are committed to the protection of the environment (article 48). ^[2]

Among the citizens duties, apart from the respect of the Constitution, stand the "the defence of the fatherland" through mandatory military service (article 51), the respect of the environment and the participation to public expenses. Conscription (also known as the draft, the call-up or national service) is a general term for involuntary labor demanded by some established authority Among the State's duties stand instead the respect of the government and armed forces' neutrality, as well as to exercise its "complete and permanent sovereignty over all national wealth and natural resources for the well-being of the whole national community" (article 57). ^[2]

Title three

The third section of the constitution deals with the executive power (59 - 105 articles), which is exercised by the President and the Government. List of Heads of State of Chad (Dates in italics indicate de facto continuation of office Affiliations Last elections The Government of Chad has been controlled by Idriss Déby and his Patriotic Salvation Movement since December 2, 1990, and officially since The President, who is Head of Sttate and commander of the armed forces, is elected by popular vote for five years, and can be reelected only once. The Military of Chad consists of the Armed Forces (includes Ground Force Air Force, and Gendarmerie Republican Guard Rapid Intervention Force He must be Chadian by birth, and be "of high morality". It is up to the Constitutional Council to vigilate on the regularity of the elections. The Constitutional Council of Chad judges the Constitutionality of Legislation and Treaties in Chad. Elections in Chad gives information on Election and election results in Chad. In case of vacancy or impeachment by the Supreme Court, presidential powers are exercised by the President of the Senate. Impeachment is the first of two stages in a specific process for a legislative body to forcibly remove a Government official The Supreme Court ( French Cour Suprême) is the highest Jurisdiction of Chad in judiciary administrative and tributary fields A senate is a Deliberative body, often the Upper house or chamber of a Legislature or Parliament. The President nominates and replaces the Prime Minister, and, on the Prime Ministers advice, all the ministers. The Head of government of Chad is the Prime Minister History The position of Prime Minister was first used in Chad during the Military The President attends and chairs the cabinet's meetings. The President can oppose the National Assembly's deliberations, sending back to the Assembly an already approved law, but if it is again approved he must accept it. The president may appoint ambassadors, appoints civil and military personnel, dissolve the National Assembly, and declare a state of emergency for 15 days, that can be extended with the consent of the National Assembly. The National Assembly ( Assemblée Nationale) is the parliament of Chad. ^[2]

The Government is instead headed by the Prime Minister, whose duty is to coordinate the government and provide for the administration of the country. Following his designation by the President, he must present himself before the Parliament to pass a motion of Confidence. A Motion of Confidence is a motion of support proposed by a government in a Parliament or other assembly of elected representatives to give members of parliament (or He can replace the President in the Council of Ministers, but only on his former mandate. His acts, in the specific areas, must be signed also by the relevant minister. ^[2]

Title four

The fourth part treats in detail the legislative power from article 106 to article 124. The legislative power is in the hands of the National Assembly and the Senate; while National Assembly representatives are directly elected by universal suffrage, those to the Senate represent the Decentralised Territorial Collectivities and are elected indirectly by a college composed regional, departemental and municipal councillors. Universal suffrage (also universal adult suffrage, general suffrage or common suffrage) consists of the extension of the right to vote to While the firsts are elected for four years, the seconds are elected for six. Deputees and Senators enjoy parliamentary immunity from legal prosecution, except when the parliamentarian is caught in the act. Parliamentary immunity, also known as legislative immunity is a system in which members of the Parliament or Legislature are granted partial immunity from A parliamentarian may be legally persecuted and even arrested by decision of his chamber of Parliament. ^[2]

Title five

The fifth part (125 - 145 articles) deals about the relations among legislative and executive powers. It is stated that while making laws competes to Parliament, as does the decleclaration of war, the proclamation of the state of emergency expects to the President, and the Government can obtain from Parliament the authorization to promulgate ordinance in the domains generally competing to the legislative body. A state of emergency is a governmental declaration that may suspend certain normal functions of government alert citizens to alter their normal behaviors or order government agencies Legislaive initiative competes to both the Government and the members of Parliament. Whenever a conflict emerges among the executive and legislative bodies over the conformity of a proposed amendment to the law in discussion, it's up to the Constitutional Concil to decide for a side or the other. ^[2]

Title six

This section takes in account the third power of the state, the judiciary (146 - 163 articles). Its autonomy from the legislative and executive is affirmed, and it is exercised by the Supreme Court, the Courts of Appeals, tribunals and Justices of the Peace. The Supreme Court ( French Cour Suprême) is the highest Jurisdiction of Chad in judiciary administrative and tributary fields A Justice of the Peace ( JP) is a Puisne Judicial officer appointed by means of a commission to keep the peace The highest jurisdiction is the Supreme Court, composed of 16 members. Of these, the President nominates the President of the court and 6 judges, 5 by the President of the National Assembly and the remaining 4 by the President of the Senate. The independence of the Judiciary is guaranteed by the President with the help of the Superior Council of Magistrates, that the President chairs. The Superior Council proposes nominations and advancements to the President, to whom it competes to place and remove them. ^[2]

A space is also left to Customary and traditional law: it can be applied in locales where it is recognized and to the extent it does not interfere with public order or constitutional guarantees of equality for all citizens. In Law, custom can be described as the established patterns of behavior that can be objectively verified within a particular social setting Also traditional rules dictating matrimonial regimes and inheritances may be applied only with the consent of the parties concerned, or else by default the national law is used. ^[2] This explicit constitutional reference to custom is in Francophone Africa a Chadian peculiarity, as the other Francophone appear to deny the existence of custom. ^[20]

Title seven

The seventh part (164 - 175 articles) concerns the Constitutional Council, composed of 9 members serving terms of 9 years each, of whom a third are selected by the President of Chad, a third by the President of the National Assembly and the remaining third by the President of the Senate. The Constitutional Council of Chad judges the Constitutionality of Legislation and Treaties in Chad. It's office is to establish if laws and treaties are or are not in conformity with the constitution, and to monitor the regularity of referendums and legislative and presidential elections. It also intervenes to solve conflicts among the State's institutions. ^[2]

Title eight

The eighth part (176 - 182 articles) also regards the judiciary power, this time dealing with the High Court of Justice, formed by 15 members, of whom 10 are parliamentarians and 5 Constitutional Council and Supreme Court judges. For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. The only jurisdiction that can try the President and his Ministers in cases involving high treason (which includes in its definition human rights violations, embezzlement, corruption, extortion and traffic in drugs), the only crime for which a President can be judged while in his functions. See also Treason, High treason in the United Kingdom High treason is criminal disloyalty to one's country To be brought before the tribunal, the President must first be impeached by a 2/3 vote of both chambers of Parliament. ^[2]

Title nine

The ninth part (183 - 187 articles) treats the establishment of a High Council of Communication, composed of nine members chosen by the President (article 184). The Council's duties are to monitor the respect for ethical rules in matters of information and communication, to guarantee the freedom of the press, and to assure political parties equal access to the public media (article 186). ^[2]

Title ten

The tenth part (188 - 202 articles) regards internal security and the national defence, which are guaranteed by the security and armed forces (article 188). The Military of Chad consists of the Armed Forces (includes Ground Force Air Force, and Gendarmerie Republican Guard Rapid Intervention Force These forces are the Chadian National Army (ANT), the Gendarmerie, the National Police and the Nomad and National Guard (GNNT). The National and Nomadic Guard of Chad ( Garde Nationale et Nomade du Tchad or GNNT) is one of four defence and security forces in Chad. The ANT and the Gendarmerie are employed in the national defence, while the GNNT, the Police and the Genarmerie guarantee public order. The security and armed forces are subordinated to civilian rule, and are kept to respect the republican legality (article 190). ^[2]

Title eleven

The eleventh section (203 - 213 articles) regards the Decentralised Territorial Collectivities, represented by the Regions, Departments, Communes and Rural Communities of Chad (article 203). |||} The country of Chad is currently divided into 18 regions The regions of Chad are divided into 53 departments. The departments are listed below by region Batha Region Batha Est The DTC have economic and financial autonomy, and are run by elected local assemblies; among their offices stand the administratration of the territory, the maintainment of public order and cultural, sanitary and economic development, along with the protection of the environment. ^[2]

Title twelve

To the twelfth section (214 - 217 articles) concerns traditional and customary authorities, which are seen as guarantors of traditions and customs, and are collaborators of the local administrations. ^[2]

Title thirteen

The arguments treated here concern cooperation, treaties and international agreements (218 - 222 articles). To the President competes negotiating and ratifying treaties, but the Parliament must provide its approval to the ratification of peace treaties, commercial treaties and those concerning the well-being of persons. ^[2]

Title fourteen

This section concerns the revision of the constitution (223 - 226 articles). This competes to the President jointly with the Cabinet and the Parliament. To be taken in consideration, an amendment must be approved by both chambers of Parliament by a 2/3 majority of its members. Following the Parliament's vote, a referendum must ensue to make the revision valid. Parts of the constitution can't be revised: these concern the repubblican form of State, political pluralism, the fundamental human rights and the division among State and religion. ^[2]

Title fifteen

In the last chapter the transitional dispositions (227 - 235 articles) are treated . These preview that the Constitution must be approved by referendum; that the current President, Idriss Déby, will remain in office until new elections; and that the Conseil Supérieur de Transition will remain for the meanwhile the country's legislative body. Lieutenant General Idriss Déby Itno (born 1952 is the President of Chad and the head of the Patriotic Salvation Movement. It is also added that before the Senate becomes operational, its powers will be held by the National Assembly. Regarding the highest judiciary bodies it states that, prior to their establishment, their functions will be exercised by the Court of Appeals of N'Djamena. N'Djamena (ənʤəˈmeɪnə Arabic Niǧāmīnā نجامينا population 721000 (2005 is the Capital city of Chad. ^[2]

2005 constitutional revision

In November 2003, during the congress of the ruling Patriotic Salvation Movement (MPS), the party militants first voiced the idea of a revision of the Constitution. The Patriotic Salvation Movement ( French: Mouvement Patriotique du Salut or MPS is the ruling Political party in Chad. The proposal was promptly endorsed by the MPS-controlled National Assembly, that created a Parliamentary commission, which concluded that "after eight years since its existence to correct the faults of the constitution, the correction of the constitution has become inevitable and indespensable", proposing eight articles for constitutional review. These amendments were approved by the National Assembly on May 26, 2004 with 123 votes for, 1 abstension and no against. Events 451 - The Battle of Avarayr between Armenian rebels and the Sassanid Empire takes place "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " Due to its crushing majority in the chamber the MPS had no difficulties garnering the necessary 2/3 majority, while the opposition deputees walked out in sign of protest. ^[21]

The amendments replaced the Senate with an Economic, Social, and Cultural Council appointed by the president, and made constitutional revisions a presidential prerogative^[22], but the most controversial point results in the amendment of article 61, that stated that the President can be reelected to office only once. This ruled out the chance that President Idriss Déby could stand for reelection in the 2006 presidential elections, as he had already been reelected in 2001. Lieutenant General Idriss Déby Itno (born 1952 is the President of Chad and the head of the Patriotic Salvation Movement. A presidential election took place in Chad on May 3 2006. A 2005 constitutional referendum made it possible for President Idriss Déby A presential election was held in Chad on May 20 2001. President Idriss Déby stood as a candidate for a second term Following the amendment, the two-term limit was removed, arousing fears that Déby was seeking to extend his rule indefinitely. The opposition came from both the smaller parties, that united in the Coordination des Parties Politiques de la Défence de la Constitution (CPDC), and important segments of the MPS and Déby's ethnic group, the Zaghawa. The Zaghawa (also spelled Zakhawa) are an African ethnic group or tribe mainly living in eastern Chad and western Sudan, including ^[23] The reform of the constitution was also heavily criticized by international opinion and doubts were cast on the future of the democratisation process, in what was seen as an "authoritarian restoration". ^[24]

As sanctioned by article 224, the constitutional modifications were to be submitted to eferendum. Originally planned for late 2004, it was at the end held in June 2005. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Amid allegations of widespread irregularities in the voter registration process and government repression of the independent media during the referendum campaign, the referendum passed with a 71% of "yes" votes, a result the opposition claimed was fixed in advance. On 6 June 2005 the Chadian voters were called to pronounce themselves through a Referendum on the revision of the Constitution originally approved on The legal opposition presented itself divided at the referendum, with some parties campaigning for the "no" vote and others for boycott. ^[22][23]

Notes

References

• Decalo, Samuel (1987). Historical Dictionary of Chad. Scarecrow Press, 96 - 97. ISBN 0-8108-1937-6.  
• 1996 Constitution of Chad in French and English (excerpts)
• (French)2005 revised Constitution

---

© 2009 citizendia.org; parts available under the terms of GNU Free Documentation License, from http://en.wikipedia.org
Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic