Human Rights Watch (HRW) on Oct. 16 condemned [7] 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 the constitutional reform in early October. His ruling party, the Patriotic Salvation Movement (Mouvement Patriotique du Salut, or MPS), dominates a large bloc in the National Assembly, allowing the approval of the proposed amendments with only minimal legislative scrutiny. Its subsequent enactment grants the executive branch expanded, largely undefined powers [10], and it has been widely seen as a 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 [11] 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 by corruption and violence, tensions are high amid concerns about the emergence of a political dynasty [8].
This is not the first time Chad has abolished term limits. The late Déby Itno had scrapped term limits in 2005 [12]. In 2018, a two-term limit was reinstated [13] 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 fighting insurgents in 2021. His son's move to remove limits again, only seven years after they were reinstated, has raised fears that constitutional manipulation is again becoming a tool for perpetuating a hold on power.
The elder Déby's presidency was marred by numerous controversies [14]. He was accused of failing to effectively implement programs to eradicate poverty, wasting billions of dollars' worth of oil reserves in a country that relies heavily on its oil exports, and of failing to adequately fund Chad's education system, leaving millions illiterate. The younger Déby promised to rectify the mistakes of his father's rule, yet immediately after his death staged a coup [15], dissolved the government, and declared himself president for the next 18 months, a position that he holds to this day. Critics say that his initial promises of better governance have proved hollow, and his rule has instead been marked by cases of torture [16], arbitrary arrests of political opponents, serious restrictions on the right to freedom of expression, and weaponized sexual violence. These distressing precedents have raised alarm over the future of Chad in light of his term extension.
Chad is a state party to the African Charter on Democracy, Elections & Governance, which states that "any amendment or revision of the constitution…which is an infringement on the principles of democratic change of government" constitutes an “illegal means of…maintaining power.” Rights proponents warn that the current developments in Chad run astray of these obligations.
From JURIST [17], Oct. 18. Used with permission.
