Human Rights Watch (HRW) on Oct. 16 condemned the adoption of a constitutional reform in Chad, stating that it could pose a significant setback to democracy and the rule of law by empowering current President Mahamat Idriss Déby to remain in power for generations to come. HRW Central Africa director Lewis Mudge commented on the severity of the issue, stating: "By removing presidential term limits, Chad's authorities have dismantled an important safeguard against authoritarianism."

The president's hold on power was solidified with the finalization of these constitutional reforms in early October. His ruling party, the Patriotic Salvation Movement (Mouvement Patriotique du Salut, or MPS), dominates a large portion of the National Assembly, allowing for the acceleration of the proposed amendments through parliament and facing only minimal legislative scrutiny. Its subsequent enactment grants the executive branch expanded, undefined powers, and it has been widely interpreted as a strategic move to legitimize and entrench Déby’s authority.

The minimal number of opposition lawmakers present boycotted the vote, describing it as in contravention of the constitution and a breach of the fundamental principle of the rule of law. Proponents argue that the extension of a prime minister’s post from five to seven years, renewable without limit, and the creation of a vice-prime minister post will serve to strengthen institutional stability. In Chad, however, where Déby inherited his late father President Idriss Déby Itno’s position after his 30-year rule marked with corruption and violence, tensions are high amid concerns about the emergence of a new political dynasty.

This is not the first time Chad has abolished term limits. The late Déby Itno had scrapped term limits in 2005, allowing him to remain in office until his death. In 2018, a two-term limit was reinstated but with an increase of each term from five to six years. The late president was allowed to run for those two additional terms until his death. His son’s move to remove limits again, only seven years after they were reinstated, underscores how constitutional manipulation has become a tool for perpetuating a hold on power.

The older Déby’s presidency was marred by numerous controversies. He was accused of failing to implement efforts to eradicate poverty, wasting billions of dollars’ worth of oil reserves in a country that relies heavily on its oil exports, and failing to properly empower Chad’s education system, leaving millions illiterate. The younger Déby promised to rectify the mistakes of his father’s candidacy, yet immediately after his death staged a coup, dissolved the government, exerted military rule, and declared himself president for the next 18 months, a position that he holds to this day. Critics claim that his initial promises of a better presidency are hollow and have been marked by cases of torture, arbitrary arrest or detention of political prisoners, serious restrictions on the right to freedom of expression, and sexual violence, distressing precedents that have raised alarm for the future of Chad in light of his term extension.

Despite being a state party to the African Charter on Democracy, Elections and Governance, which outlines that “any amendment or revision of the constitution…which is an infringement on the principles of democratic change of government” is an “illegal means of…maintaining power,” human rights proponents warn that the backdrop of events in Chad run astray of these obligations.

From JURIST, Oct. 18. Used with permission.