Country Report on Human Rights Practices for 1988
CHAD
.
With his power base in the Armed Forces, Chad's President
Hissein Habre heads an authoritarian government which came to
power in 1982 after a protracted civil war. President Habre
governs through the Council of Ministers and the National
Consultative Council, both appointive bodies. The multiethnic
National Union for Independence and Revolution (UNIR) , created
in 1984 to broaden Habre's political constituency, remains the
only officially recognized political party. In November the
party held its second National Congress attended by
representatives from all parts of the country. In accordance
with the Fundamental Act of 1982, laws, decrees, and
ordinances are proposed by the President and the Council of
Ministers and discussed in the National Consultative Council
prior to promulgation.
President Habre continued his efforts in 1988 to integrate
disparate elements into his Government. Many former
opponents, including some who were in armed conflict with the
Government as recently as 3 years ago, have been brought into
the civil service and army, several at the ministerial level.
However, President Habre's long-time opponent, ex-President
Goukouni Oueddei, remained in exile.
President Habre employs a large internal security apparatus.
In addition to the army and police, it includes the National
Security Service (DDS), the Special Rapid Intervention Brigade
(BSIR) , rural paramilitary police (the gendarmerie), and a
Presidential Security Service. The Government has been
concerned about growing terrorism, believed to emanate from
Libya, and widespread lawlessness in a heavily armed
population.
Chad remains desperately poor, and its economy has been
severely dislocated by the extended war with Libya and by
declining world prices for its principal export, cotton. Its
estimated 4.5 million population has one of the lowest per
capita annual incomes in the world ($178 in 1988). The
Government relies heavily on foreign donors, particularly
France, to finance government operations and to fund
development projects. Some recovery was noted in 1988 as a
stringent World Bank plan began to operate.
Human rights in Chad remained tightly circumscribed in 1988.
The Government continued to hold both a number of persons--
including some who had returned voluntarily from exile--in
detention without charge as well as an estimated 2,000 Libyan
prisoners of war (POW's). Reports also continued to surface
of human rights violations, including summary executions by
government forces in 1986. Violations of human rights due to
war largely ended in 1987, and tensions between Chad and Libya
eased slightly in 1988 with the reestablishment of diplomatic
relations in October. At the end of the year, an uneasy truce
prevailed with Libya, but the key issue, Libyan occupation of
the Aozou strip on the northern border, remained unresolved.
In line with his national reconciliation efforts, Habre
appointed a broadly based Constitutional Commission in July to
draft a constitution. The Commission was expected to present
its final draft early in 1989.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political Killing
There were no verified instances of government-instigated
political killings in 1988. International human rights
organizations, e.g.. Amnesty International (AI), focused
attention on information coming to light about extrajudicial
executions and other violations allegedly committed by
government forces in 1986.
b. Disappearance
There were no reported disappearances in Chad during 1988. In
its 1988 report, AI expressed its continuing concern that the
Government had failed to account for a number of people who
"disappeared" in 1986 after being detained in previous years,
and who were reported to have been executed extrajudicially by
government security forces.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There were no confirmed reports of torture of prisoners or
civilians in Chad during 1988. Again there were numerous
allegations that Presidential Guard troops used beatings,
detentions, and other forms of intimidation as a means of
maintaining security in parts of Guera Prefecture. The abuses
took place prior to 1988 following an armed Hadjerai
insurrection movement in which a number of government troops
had been killed.
Prison conditions in Chad are poor, and abuses in handling
prisoners, usually in the form of beatings, are common.
Conditions are reportedly very harsh in the special detention
centers maintained by the DDS and other security
organizations. The lack of food and medical treatment is
especially glaring, and prisoners in past years have died of
malnutrition and physical abuse. AI ' s 1988 report states that
during 1987 information was received about a number of deaths
in detention in 1986. Victims included Alhadj Dana lyo,
Hassana Tom, Boulema Hassana, Guilou Hassane, and Abdoulaye
Bichara
.
d. Arbitrary Arrest, Detention, or Exile
Under Chadian law, the authorities are reguired to show
probable cause in making arrests and to follow established
judicial reguirements in detaining persons (see Section
I.e.). However, in security/political cases, (the term is
very broadly interpreted) , the Government has a completely
free hand. Those who express views critical of the
Government, or hold views different from it, often are
regarded as endangering the security of the State and may be
subject to indefinite detention without trial. Many detainees
are held incommunicado, and most are never charged or tried.
For example, Saleh Gaba, a Chadian journalist and part-time
reporter for the Associated Press and a local Roman Catholic
radio station, has been held incommunicado since mid-July 1987
with no date having been set for trial. In October and
November, there vjere unconfirmed reports that Gaba had died in
prison in June.
The total number of political detainees as distinct from
prisoners of war is not known. A number of people, primarily
members of a clan of the Hadjerai tribe, were arrested on
security grounds in 1987 and remained in detention during 1988
without charge or prospects of trial.
During 1988 Chad held in prison several hundred Chadians,
former members of armed factions opposed to the Government, as
well as a large number of Libyans captured during the years of
struggle (1982-1987). The Government considers these
captives, including the Chadians, to be prisoners of war
(POW's) rather than "political detainees." On December 25,
the Government freed 312 of the Chadian prisoners; less than
150 of the Chadians remained in prison at the end of the
year. The Government permits representatives of the
International Committee of the Red Cross (ICRC) regular visits
to about 600 POW's captured before early 1986 (mostly Chadians
who fought on the Libyan side). But it steadfastly refuses
ICRC access to Libyan POW's captured since 1986 (estimates of
the number of 1987 captives range up to 2,000). A number of
Libyan POW's have joined the Libyan National Salvation Front,
which is opposed to Colonel Qadhafi's regime and which is
based in Chad. These are no longer considered POW's by the
Government. Under Organization of African Unity (OAU)
auspices, Libya repatriated 214 Chadians, including a few
Chadian POW's, in late September.
The President has called for persons in exile to return to
Chad; many of them have done so and have been integrated into
the Government and military. There also have been reports of
detention by government security forces of former Chadian
exiles upon their return to Chad. AI ' s 1988 report listed
three 1986 arrestees--Hadj a Merami, her daughter Azzina, and
Mahamat Abdelbaqui--who were believed still held without
charge at the end of 1988. AI also received reports of the
detention without charge of relatives of exiled government
opponents, including Moussa Konate and Abdellatif Tidjani, who
as far as is known, were still in detention at the end of 1988.
President Habre's principal rival, ex-president Goukouni
Oueddei, remained in self-imposed exile in Libya in 1988,
demanding a restructuring of the Chadian army and of the sole
legal political party, UNIR. In November a major armed
opposition faction, the Revolutionary Democratic Council (CDR)
of the Chadian national front, led by Acheik Ibn Oumar, signed
accords in Baghdad agreeing to return to Chad and join the
Government. Arrangements were under way at the end of 1988
for the repatriation of 1,000 of the faction's armed followers.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The regular Chadian judicial system (the Supreme Court and
several lower courts) and criminal code have evolved from the
body of law (Napoleonic Code) inherited from the former
colonial power, France. In theory, this law incorporates
safeguards against arbitrary arrests and provides for
specified detainee rights, including the right to counsel and
the right to be informed promptly of charges.
In practice, armed conflict over more than 20 years has
severely disrupted the legal system, and the judiciary is
subservient to the executive. The Government has made efforts
to reestablish civilian law enforcement in liberated areas.
especially the operation of the regular courts. Whether
accused of crimes for criminal or security offenses, most
Chadians do not get speedy trials, in part because of the
rudimentary nature of the Chadian judicial system. There are
only a few trained lawyers, judges, and other court
personnel. Many of Chad's tribunals do not even have law
books. The few trained judicial officials complain of a heavy
backlog of cases. Trials can be held in public or private at
the option of the Government. No legal right to a timely
trial exists.
There is also a traditional system of law presided over by
sultans and chiefs. It is generally effective and fair in
resolving property and other civil disputes and in dealing
with cases involving petty local crime. Decisions in
customary courts may be appealed to the regular courts.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Under Chadian law, homes may be searched only during the day
and under authority of a warrant. In practice, there are many
instances where the law has not been respected. Correspondence
carried by people traveling overland in Chad is often checked
by authorities at various points. But correspondence sent
through the Chadian postal system is only intermittently
subject to such controls.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Free speech is assured under Chadian law; but, in practice,
public or private statements critical of the Government would
be considered seditious by the authorities and would likely
lead to arrest. There is no prior censorship on the
publication or broadcast of information in Chad, but the media
(radio and two news sheets) are largely government controlled
and directed. The small Chadian press corps is careful not to
criticize either the Government or its policies. The
Government does permit controlled criticism of individual
officials and ministries to appear from time to time.
Academic freedom is nominally respected but does not include
freedom to criticize the Government.
The Government's treatment of foreign correspondents has been
uneven. At times, the foreign press has been given free
access to officials and, despite various conflict situations,
correspondents have been allowed to file their stories with no
prior censorship. At other times, foreign correspondents have
been denied visas for entry into Chad or expelled from the
country for no apparent reason. On a few occasions,
correspondents have had to submit their stories for government
approval
.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association is restricted. Chadians
may assemble peacefully only as long as the purpose of the
meeting is not opposed to government policies. Prefects have
the nominal right to forbid a meeting, but prior permits are
not required unless the gathering anticipated is large enough
to cause a public hazard.
Membership in UNIR is voluntary. President Habre is intent on
having a single mass political movement to which all Chadians
belong. But he refrained in 1988 from forcing the dissolution
of a number of former opposition political groupings, such as
those associated with southern factions.
For a discussion of freedom of association as it pertains to
labor unions, see Section 6. a.
c. Freedom of Religion
Chad is officially a secular state. Islam, Christianity, and
other religions are practiced freely. Both Islamic and
Christian holidays are given official status. More than 50
percent of Chad's population is Muslim, and Chad is a member
of the Organization of Islamic Conferences. Christian
missionaries may, nevertheless, enter the country,
proselytize, and provide assistance to local populations.
They are particularly active in the south. Strictly religious
publications are allowed to circulate freely. The Government
neither favors nor disfavors members of particular religions.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Chadians enjoy complete freedom to move around the country
except within military zones or areas of recent or potential
combat. These restrictions generally pertain only to the
northern one-third of the country and are not enforced for the
sparse nomadic population that lives in that large desert
region. In the north, the retreating Libyans left thousands
of landmines under the sand; these have claimed some civilian
victims. International travel is permitted, but regular
passports are expensive (about $60), and travelers must be
cleared by Chad's internal security services, a process which
normally takes less than a week. Chadians are free to
emigrate.
In previous years, many Chadians fled to neighboring countries
because of drought and civil strife. As conditions began to
improve in 1986, thousands of these displaced Chadians
returned from neighboring countries. Despite Chad's limited
material means, these repatriates, as well as those Chadians
who fled the occupied northern zone, have generally been well
received. There are almost no refugees from other countries
in Chad.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Under the present Chadian political system, citizens do not
have the right to change their government. Chad has been in a
state of civil strife since 1965, with as many as 11 factional
armies contending at times for control of the country. Since
June 1982, Chad has been governed by President Hissein Habre,
who heads a Council of Ministers complemented by an appointed
National Consultative Council (protolegis lature) . Both
Councils are carefully balanced to promote ethnic and regional
harmony. The source of President Habre's authority is the
allegiance he commands from the armed forces, the security
services, and the country's only authorized political
movement, the National Union for Independence and Revolution
(UNIR). UNIR's bylaws mandate the popular election of lower
level officials, but no elections have been scheduled. In
some areas, traditional leaders (e.g., cantonal or village
chiefs) are popularly elected or chosen by the subordinate
members of the traditional hierarchy (village chiefs or family
heads, for example).
Having achieved success on the battlefield. President Habre
has continued efforts at national reconciliation on the
political front. The "Libreville Accords," signed in late
1985 in Gabon by the Government and the opposition parties,
provide for the eventual drafting of a new constitution by the
National Consultative Council, to be voted on by referendum
within 4 years. The new constitution is to provide a time
frame for free elections. President Habre appointed a
Constitutional Commission in July 1988 with instructions to
present the draft of a new constitution for Chad by the end of
1988. The Commission had not completed its deliberations at
the end of the year, but it is expected to do so early in 1989.
In 1984 the Ministry of Social and Women's Affairs was created
and has since been headed by a woman. One of. the 15 members
of the Executive Bureau of UNIR's Central Committee is a woman.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The Government accepted an AI mission in 1985 to discuss human
rights, including the status and conditions of prisoners of
war, who, the Government maintains, are held in recognized
detention centers. It did not respond to several recent AI
requests for information, including a request in 1986 for
details on alleged human rights abuses committed by Libyan
troops in northern Chad. As noted, Chad cooperates with the
ICRC, but continues to deny the organization access to a
significant number of Libyan POW s . Chad has no internal
human rights organizations.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
There are 200 ethnic groups in Chad. These are roughly
divided between Saharan and Arab Muslims in the northern and
eastern regions, and Bantu-speaking peoples in the south. The
latter group includes both those who have retained traditional
animistic practices and those who have adopted Christianity.
Over 20 years of conflict have transformed the complexity of
ethnic divisions beyond simple north-south formulations. In
an effort to build a national government. President Habre has
expanded ethnic and geographic representation by appointing
ministers, deputy ministers, and administrators from all parts
of the country.
Officially, Chadian women enjoy full political equality. In
practice, neither Chadian traditional law nor the inherited
French colonial code fully protects women's rights. Women
contribute the bulk of labor in virtually all aspects of
farming even though the heads of agricultural cooperatives
still tend to be men. Women also engage in commerce ranging
from simple market stalls to the ownership of some larger
businesses. Women serve voluntarily in the armed forces,
although they are excluded from officer training programs.
Section 6 Worker Rights
a. The Right of Association
About 95 percent of all Chadian workers are involved in
subsistence agriculture, animal husbandry, or fishing. As a
result, the labor movement is very small and only marginally
effective. Chad's labor laws permit the formation and
functioning of unions subject to restrictions. The country's
two rival trade union federations were merged in mid-November
into a single national umbrella organization, the National
Union of Chadian Trade Unions (UNST) , which subsequently
became the labor wing of the ruling UNIR party. All unions
are required to be members of the UNST, which is controlled by
the Government. The UNST is expected to continue the practice
of its predecessors in participating in the meetings of the
International Labor Organization (ILO) of which Chad is a
member. Early indications are that the UNST will not seek to
affiliate to any international trade union organizations apart
from African bodies such as the Organization of African Trade
Union Unity.
The right to strike exists only after arbitration at three
levels in two Ministries (Labor and Justice) fails. This
process, which in effect makes most strikes illegal, has been
criticized by the International Confederation of Free Trade
Unions. The ILO is advising the Government in the preparation
of draft language for a new labor code that would conform to
ILO conventions and thereby strengthen workers' rights to
strike under law and in practice.
b. The Right to Organize and Bargain Collectively
The right of labor to organize and bargain collectively is
established in Chadian law. But it is weakened by provisions
that allow the authorities to intervene in the collective
bargaining process and require prior government authorization
for collective agreements to come into force. Government
labor tribunals exist to hear worker-employer disputes. Their
decisions may be appealed to the judicial system. Labor laws
are applied uniformly throughout the country.
The ILO's independent Committee of Experts on the Application
of Conventions and Recommendations noted in 1988 the
Government's stated intention to amend the labor code to
reduce significantly government interference in the collective
bargaining process. It also observed that further steps were
necessary to repeal or amend ordinances and sections of the
current labor code in order to prevent antiunion discrimination
by employers and to eliminate provisions which prevent
political activity by unions.
c. Prohibition of Forced or Compulsory Labor
The ILO has been critical of Chad in the past for the use of
forced labor. However, the Government is also continuing
discussions with the ILO on revising its outdated labor laws
to meet ILO conventions on forced labor.
d. Minimum Age for Employment of Children
The minimum age for employment is 14 in the wage sector.
However, as Chad is predominantly a labor-intensive agrarian
society, children work on family farms at a much earlier age.
e. Acceptable Conditions of Work
The statutory minimum for wage labor is approximately $25 per
month, which is barely sufficient to provide subsistence.
Given the Government's frequent budgetary shortfalls, civil
servants below the executive level receive only 60 percent of
their salaries on the scale established in 1977. Most
nonagricultural work is limited to 48 hours per week, with
overtime to be paid for any excess. Agricultural work is
supposedly limited to 2,400 hours per year. All workers must
have at least 24 consecutive hours of rest each week, usually
on Sunday. Occupational health and safety standards are
established by law and ministerial decree; but, as with most
social legislation, enforcement is weak.
