Chad: Legislation on nationality, including the procedure to obtain nationality; whether dual nationality is recognized (2007-July 2019) [TCD106332.FE]

Research Directorate, Immigration and Refugee Board of Canada

1. Nationality and Dual Nationality

Information on legislation governing Chadian nationality and its application was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to several sources, nationality in Chad is governed by Order No. 33/PG-INT of 14 August 1962 on the Chadian Nationality Code (Ordonnance No. 33/PG-INT du 14 août 1962, portant Code de la nationalité tchadienne ) (African Union 2015, 67; Manby 2016, 134), also called the 1962 Order on the Nationality Code (Ordonnance de 1962 portant code de la nationalité ) (Initiative sur le droit à la nationalité en Afrique n.d.).

1.1 Acquiring Chadian Nationality at Birth

Under the 1962 Order on the Nationality Code, Chad allows the acquisition of nationality by filiation:

[translation]

Art. 9. – Chadians are:

  1. Legitimate or natural children born of two Chadian parents;
  2. Legitimate or natural children born in Chad of a Chadian ascendant;
  3. Legitimate or natural children born abroad of a Chadian ascendant … . (Chad 1962)

According to the 1962 Order on the Nationality Code, Chadian nationality may be acquired by place of birth:

[translation]

Art. 11. – Chadians are:

  1. Legitimate or natural children born in Chad and who have no other nationality of origin;
  2. Children born in Chad to unknown parents …

Art. 12. – Chadians are:

Children born in Chad to foreign parents … . (Chad 1962)

Information indicating that amendments have been made to this order could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. According to several sources, Chad applies the principle of jus soli (African Union 2015, 26; Manby 2016, 4) and grants Chadian nationality to any child born on its territory (African Union 2015, 26; Initiative sur le droit à la nationalité en Afrique n.d.; Manby 2016, 4). Sources that describe the passing of nationality by filiation refer to the “parents” (African Union 2015, 27; Initiative sur le droit à la nationalité en Afrique n.d.), or to the [traduction] “father” or “mother” of the child (Manby 2016, 47, 54).

1.2 Acquisition of Chadian Nationality by Naturalization

According to the 1962 Order on the Nationality Code, Chad allows the acquisition of nationality by naturalization under certain conditions:

[translation]

Art. 14. – Any individual of African origin who has possessed status in Chad for 15 years is considered Chadian[.]

Possession of status within the meaning of the paragraph above consists of anyone who:

  1. Is publicly recognized as fully assimilated in a community habitually living on the territory of the Republic;
  2. Has been and continues to be publicly treated as Chadian by the population and the Chadian authorities;
  3. Is of good conduct and morals. (Chad 1962)

According to Article 27 of the 1962 Order on the Nationality Code, Chad allows nationality to be revoked in the following cases:

[translation]

  1. Any individual who obtained their naturalization by fraud, by producing false documentation or by misleading the authorities responsible for regulatory investigations;
  2. Any citizen convicted of an act qualified as a crime or offence against the internal security of the state;
  3. Any citizen who works in the service of another state, in a foreign military or in an international organization and continues to do so for more than six months after the injunction issued to them by the Chadian government to resign from the employment;
  4. Any individual who engages in activities that are incompatible with the status of Chadian citizen and detrimental to the interests of the Republic. (Chad 1962)

According to sources, Chad recognizes dual nationality without any restriction (African Union 2015, 32; Manby 2016, 74, 78).

2. Procedure for Obtaining Chadian Nationality

Information on the procedure for obtaining Chadian nationality was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

Under Decree No. 211/PG.-INT. of 6 November 1963 on the Application of the Chadian Nationality Code (Décret no 211/PG.-INT. du 6 novembre 1963 portant application du code de la nationalité tchadienne ), declarations [translation] “to acquire, decline or renounce Chadian nationality or exercise an option with regard to Chadian nationality” (Chad 1963, Art. 2) must be accompanied by the following documentation:

[translation]

Birth certificate of person concerned or copy of supplementary judgment in lieu thereof;

Eventually, birth certificate of spouse, marriage certificate, birth certificate of minor children, extract from divorce decree or any other documentation related to the civil status of the declarant;

Criminal record bulletin No. 3;

Certificate of residency when this condition is required to establish the admissibility of the declaration;

Three copies of identity photographs. (Chad 1963, Art. 4)

According to the decree, the authority that receives the declaration:

[translation]

Proceeds with an investigation into the morality and loyalty of the declarant;

Notes in a report … the degree of assimilation of the person concerned to the manners, lifestyle and customs in Chad, and their knowledge of the French language or a dialect in use in Chad.

Summons the person concerned before a sworn doctor to examine their state of health. The certificate… shall specify whether the person concerned is free from any illness, is not suffering from or definitively cured of any contagious disease of tuberculosis, alcoholism, venereal disease or mental illness. (Chad 1963, Art. 10)

The decree establishes that applications for naturalization or reintegration must also be accompanied by the following documents:

[translation]

A certificate of nationality or copy of all pieces of documentation establishing nationality, such as passports, identity cards;

Copy of residence permit;

Employment certificate, indicating monthly salary, when applicable[;]

Tax certificate prepared by the Treasury;

Education certificate of children;

Copy of university diplomas or awards;

Military identification, service and documents. (Chad 1963, Art. 18)

The decree establishes that after an investigation into the justification of the application, the file is transferred to the Ministry of the Interior and that [translation] “[i]f the President of the Republic decides to grant naturalization or reintegration, it is granted by decree” (Chad 1963, Art. 20 to 22). Information concerning the application of the provisions of this decree could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

African Union. 2015. Commission africaine des droits de l’homme et des peuples . Le Droit à la nationalité en Afrique . [Accessed 9 July 2019]

Chad. 1963. Décret no 211/PG.-INT. du 6 novembre 1963 portant application du code de la nationalité tchadienne . [Accessed 27 June 2019]

Chad. 1962. Ordonnance 33/PG.-INT. du 14 août 1962, portant code de la nationalité tchadienne . [Accessed 17 June 2019]

Initiative sur le droit à la nationalité en Afrique . N.d. “Tchad .” [Accessed 17 June 2019]

Manby, Bronwen. 2016. Citizenship Law in Africa: A Comparative Study . Cape Town: African Minds. [Accessed 17 June 2019]

Additional Sources Consulted

Oral sources:Chad – embassies in Paris, Ottawa and Washington, Ministère de la Justice, Chargé des droits humains ; consultant on African nationality legislation; professor of contemporary history and anthropology of Africa; six lawyers in Chad; US – embassy in N’Djamena.

Internet sites, including:Africare; Amnesty International; BBC; CARE International; CIVICUS; Development Centre of the Organisation for Economic Co-operation and Development – Social Institutions and Gender Index (SIGI); ecoi.net; Fondation pour le renforcement des capacités en Afrique ; Human Rights Watch; Jeune Afrique ; Makaila; Organisation internationale de la francophonie; Radio France internationale; Réseau des défenseurs des droits humains en Afrique centrale; Réseau pour la promotion de la paix et de la citoyenneté au Tchad; Tchadactuel ; UN – Human Rights Council; US – Department of State, Office of Personnel Management.