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Chad

Chad: Crackdown on Fundamental Freedoms

Attachments

INTRODUCTION

This submission was prepared for the Universal Periodic Review (UPR) of Chad in November 2018. In it, Amnesty International evaluates the implementation of recommendations made to Chad in its previous UPR, assesses the national human rights framework and the human rights situation on the ground, and makes a number of recommendations to the government of Chad to address the human rights challenges mentioned in this report.

Amnesty International is concerned about the increasing use of repressive laws and the intelligence service to muzzle critics and to hamper the work of human rights defenders, citizens’ movements, unionists and journalists critical of the government.

Amnesty International also raises concerns about the impunity for human rights violations granted to the security forces. In the cases of arbitrary arrest and detention, torture, incommunicado and secret detentions and in cases of protesters injured or killed which were documented by Amnesty International, no prosecution took place except in one case (see section below on impunity for human rights violations). Amnesty International is also concerned by the deteriorations of access to and affordability of the rights to health and education.

FOLLOW UP TO THE PREVIOUS REVIEW

Since Chad’s last UPR in 2013, the country has made little progress in terms of improving the human rights situation and has failed to implement the vast majority of the recommendations it accepted then. The authorities continue to unduly restrict human rights through national legislation, to repress dissent, and to violate human rights with impunity.

THE NATIONAL HUMAN RIGHTS COMMISSION

Despite accepting recommendations to expedite the adoption of a bill to reform and strengthen the National Human Rights Commission, it was only on 8 December 2017 that Chad adopted the law on reform of the Commission; the law was promulgated on 30 December 2017. Under the new law, the Commission is recognized as an independent administrative body mandated to promote and protect human rights and to investigate cases of human rights violations.

THE DEATH PENALTY

Following recommendations accepted in 2013, the Criminal Code was revised in 2017 and the death penalty abolished, except for “terrorism”. Prior to its adoption, on 29 August 2015, 10 suspected members of Boko Haram were sentenced to death in a trial held behind closed doors.
They were executed the next day by firing squad.

PROTECTION OF HUMAN RIGHTS DEFENDERS AND JOURNALISTS

In 2013, Chad rejected all recommendations on the protection of human rights defenders and journalists, including to ensure that they can operate freely and in a safe environment and be safe from arbitrary arrest and intimidation. Over the past three years, the human rights situation has deteriorated amid highly contested presidential elections, attacks by Boko Haram, a severe ongoing economic crisis provoked including by a sharp drop in the price of crude oil, and a lack of economic diversification. Chad has also seen increased military commitments in the face of multiple security threats, the hosting over 449,000 refugees and the longstanding and major problems of tax evasion and corruption. During this time, as political and economic discontent has grown, individuals and organizations have increasingly voiced their dissent. The authorities have responded by banning protests and arresting, prosecuting and intimidating government critics, including human rights defenders and journalists.

FREEDOM OF PEACEFUL ASSEMBLY AND ASSOCIATION

Although Chad accepted recommendations to bring its legislation in line with international law and standards, it has failed to do so. National laws regulating the rights to freedom of association and peaceful assembly have not been amended and brought into conformity with Chad’s obligations under international law. In 2016, Chad issued at least 13 decrees confirming a ministerial decision to refuse authorization to protest.

RIGHTS TO EDUCATION AND HEALTH

In 2013, Chad committed to prioritize the social sectors, such as health and education, in government expenditures and to step up efforts to ensure better access to and quality of health and education services. Yet, since the economic crisis was announced in 2015, the government has taken several austerity measures that do not conform to the minimum core content of economic, social and cultural rights, including in relation to health care, education and an adequate standard of living (see also below).

IMPUNITY FOR HUMAN RIGHTS VIOLATIONS

Despite commitments made in 2013 to tackle impunity,10 Chad has failed to prosecute suspected perpetrators of acts of intimidation or threats, arbitrary arrests, enforced disappearances, torture and other ill-treatment, or killings (see also below).