An Introduction to the Legal System and Legal Research in Chad

By Miarom Bégoto and Djimbaye Narcisse

Miarom Begoto holds an LLB (University of N’Djaména) and two LLMs (University of Lyon 2 and Grenoble 2). He has a rich experience in the field of human rights, governance, justice reform, and OHADA law. He has held various senior positions in the Chadian administration and has taught in universities and university institutes. He has held various positions, including the African Union Advisory Council on Combating Corruption and UNDP Chad.

Djimbaye Narcisse holds a master’s degree in private law (University of N’Djamena) and two master’s degrees (Lumière Lyon 2 and Yaoundé II universities). He is also an alumnus of the International Cycle of the Regional Institute of Administration (CiIRA) in Lyon. As a magistrate, Djimbaye served as a judge at the N’Djamena Commercial Court, before being appointed legal adviser to the Minister of Petroleum, Mines, and Geology.

Published July/August 2025

(Previously updated by Nadjita F. Ngarhodjim in January 2012, and by Miarom Bégoto in March 2019)

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1. Introduction: Historical Background

The landlocked state of Chad is located at the junction of Central, Northeastern, and West Africa. The colony of Chad became a republic on November 28, 1958, within the French Community established by the Constitution of October 4, 1958, inaugurating the Fifth French Republic.

On August 11, 1960, the Republic of Chad became independent under François Tombalbaye, its first president. A new Constitution entered into force on November 28, 1960. The political and legal system set up by this new constitution, like those of many other former French colonies in Africa, was very similar to the French Fifth Republic. The main differences with the French system were that all executive power was concentrated in the hands of the president; that the Parliament consisted of only one chamber, the National Assembly; and that there was no Constitutional Council. The 1960 Constitution was abrogated by the Constitution of April 16, 1962, which established the one-party system.

On April 13, 1975, President Tombalbaye was killed in a military coup by a group of army officers. On April 15, 1975, a Higher Military Council, chaired by General Felix Malloum, and a provisional government were established. The 1962 Constitution has been suspended. The coup d’état ushered in a period of political instability in Chad. Very quickly, the new military regime had to deal with armed rebellions, particularly in the north of the country. A series of talks led to the formation of a Transitional National Unity Government (GUNT) under the leadership of Goukouni Weddei, a former Libyan-backed rebel leader. The formation of the new government has failed to bring the situation back to normal, with the country divided into several regions controlled by armed factions. In addition, relations between Goukouni Weddei and his prime minister, Hissein Habré, himself a former rebel leader, were strained. Libyan troops supporting Goukouni Weddei left N’Djamenenna in 1981, and a year later, in 1982, Goukouni was overthrown by Hissène Habré. The latter established an authoritarian regime where fundamental rights and freedoms were suspended.

In 1990, Hissein Habré was overthrown by his former right-hand man and chief of defense staff, Idriss Déby. The new president proclaimed a democratic regime with the restoration of civil rights and freedoms. In 1993, a national conference open to all Chadians was held to inaugurate a transitional period that led to the adoption of a new constitution and the holding of general elections. Since then, six presidential elections (1996, 2001, 2006, 2011, 2016, and 2021) have been held under disputed conditions of transparency. The 2006 election, held at a time when the regime was facing armed rebellions in the north and east of the country, was boycotted by the main opposition parties.

Under pressure from the international community (including France, the European Union, and the United States of America), the regime has begun a dialogue with the political opposition and armed groups. An agreement was reached with the political opposition on August 13, 2007, to work together on a framework for fairer and freer elections. Unfortunately, the main opposition leaders and the main political parties party to the agreement again boycotted the 2011 presidential elections, claiming that the conditions were not met for a free and fair election and that the Agreement of 13 August 2007 was not fully implemented before the elections.

As mentioned above, the desire for renewal, which took shape in the adoption (in 1996) of Chad’s first democratic Constitution and the elaboration of numerous reforms designed to establish and strengthen the institutional edifice, did not last long. Only a decade later (in 2006), the old demons of war resurfaced, and Chad once again sank into a spiral of violence. The MPS regime will, in turn, face several repeated military coup attempts, the latest of which ended on April 18, 2021, with the sudden and tragic death of President Idriss Déby Itno.

Following the death of the one who was elevated (in 2020) to the dignity of Marshal, a twelve-member Transitional Military Council (TMC), headed by General Mahamat Idriss Déby Itno, son of the late Marshal, took power in N’Djamena, after the then President of the National Assembly, Dr. Haroun Kabadi, had renounced to assume the office, in accordance with the Constitution. In the wake of this, a so-called transition charter of the Republic was adopted on April 22, 2021. It repeals the Constitution of May 4, 2018, revised by Constitutional Law No. 17/PR/2020 of December 14, 2020, and promises the adoption of a new constitution by referendum. The CMT first dissolved the National Assembly before rehabilitating it pending the establishment of a national transitional council. The Transitional Charter of the Republic adopted by the TMC entrusted legislative power (Article 65) to a National Transitional Council (NTC). It is composed of ninety-three members (called national councilors) from all the representative corporations of the society and appointed by the President of the CMT. A transitional government, which has been reshuffled many times, has been formed to expedite the country’s current affairs.

Following a so-called Inclusive and Sovereign National Dialogue (DNIS) organized in N’Djamena, from August 20 to October 8, 2022, the Transitional Military Council gave way to a transitional regime led by Mahamat Idriss Déby Itno, who became Transitional President. The said regime is responsible for leading a two-year transition that should eventually lead to the establishment of new institutions and the organization of transparent, free, inclusive, credible, and consensual elections, within the framework of what will become the Fifth Republic. During this two-year transitional period, and in accordance with the resolutions of the National Dialogue, the number of members of the National Transitional Council increased from 93 to 197, and the transitional government was replaced by a government of national reconciliation. The dialogue also recognized the right of all Chadians in general, including members of the TMC, to be eligible to vote. The resolutions of the National Dialogue, boycotted by part of the opposition, by the Transformers party, which has become the main opposition party, laid the foundations for the refoundation of Chad and led to the establishment of the country’s current institutions.

The effective adoption of a new constitution, by referendum on December 17, 2023, was the first post-Dialogue act. The adoption of the Constitution of the Fifth Republic paved the way for the organization of the presidential election of May 6, 2024. It saw the election of Mahamat Idriss Déby Itno. The presidential election was followed, for the first time in Chad’s history, by legislative elections coupled with communal, provincial, and senatorial elections in December 2024 and February 2025.

2. The Constitutional Framework

Chad’s current Constitution was adopted by referendum on December 17, 2023, and promulgated on December 29, 2023. It fulfills the CMT’s promise to provide Chad with a new fundamental law. The 2023 Constitution establishes the Fifth Republic and provides Chad with all the institutions provided for by the Inclusive and Sovereign National Dialogue.

Under the terms of the 2023 Constitution, Chad is a sovereign, independent, secular, social, one and indivisible republic based on the principles of democracy, the rule of law, and justice. It is organized, at the territorial level, into administrative units and autonomous communities (Articles 1 and 2). The Constitution establishes the separation of powers, which establishes a two-headed executive exercised by the President of the Republic and the government (Article 65). The President of the Republic is elected by direct universal suffrage for a five-year term. He may be re-elected once for a consecutive term (Article 67). He is only criminally liable in the case of high treason. The government is composed of the Prime Minister, who is the head of the government, and the ministers, who are its members (sections 99 and 100).

The Constitution of 17 December 2023, inspired by the 1996 Constitution, thus enshrines a semi-presidential political regime with a President elected by direct universal suffrage and a Prime Minister, Head of Government, appointed by the latter. It also establishes a bicameral Parliamentary system with a National Assembly and Senate, as well as a judicial system; the independence of which is reaffirmed by a superior council of the judiciary with enhanced powers.

Regarding the major institutions of the Republic, the Constitution of 17 December 2023 re-established the Constitutional Council (Article 173), the Court of Auditors (Article 184), and the functions of the Ombudsman of the Republic (Article 231). It established a Council of Traditional Chiefdoms (Article 221) in place of the Council of Autonomous Communities and Traditional Chiefdoms. In accordance with the recommendations of the National Dialogue, institutions such as the High Court of Justice; the Economic, Social, Cultural and Environmental Council (Article 203); the National Human Rights Commission (CNDH) (Article 208); and the High Authority for Media and Audiovisual (HAMA) (Article 215) have been maintained with renewed independence. In addition, the National Agency for the Management of Elections (ANGE) has been constitutionally enshrined in place of the Independent National Electoral Commission (CENI) (Article 236).

For the first time, decentralization was experimented with the holding of communal and provincial elections on December 29, 2024, coupled with those of the legislative and senatorial elections. Under Decree 38/PR/2018 of 10 August 2018, Chad has 23 provinces, 107 departments, and 377 communes.

2.1. Of the Legislative Power

Legislative power under the Fifth Republic is exercised by a Parliament composed of the National Assembly and the Senate. Members of the National Assembly are elected for a renewable term of five years. The term of office of the Senators is six years to be renewed by 1/3 every two years. A renewable term of six years is granted to local elected officials.

Since the adoption of the 1996 Constitution, four legislative elections have been held in 1997, 2002, 2011, and 2024. The fourth national assembly of the democratic era and the first of the post-transition era is elected on December 29, 2024.

The Parliamentary organization, under the fourth legislature and the first of the post-transition era, is marked by an innovation, namely the operationalization of a second chamber, the Senate. It is the result of the adoption of the Constitution of December 17, 2023. At the end of the senatorial election on Tuesday, February 25, 2025, forty-six seats representing the constitutional quota of 2/3 of senators elected by indirect universal suffrage by an electoral college composed of communal and provincial councilors are filled. In accordance with Article 114 of the Constitution of 17 December 2023, one third of the senators, i.e. twenty-three senators, are appointed by the President of the Republic. The Senate group, comprising a total of sixty-nine people, represents the autonomous communities for a renewable term of six years (Article 116).

2.2. Judicial Power

Within the meaning of Article 155 of the 2023 Constitution, the judiciary is independent of the executive and legislative branches. It comprises a single level of jurisdiction, of which the Supreme Court is the highest instance in judicial and administrative matters (Article 156).

The judiciary includes the Supreme Court, the courts of appeal, and the courts and the justices of the peace (Article 157). The Supreme Court resulting from the Fifth Republic is refocused on judicial and administrative matters. To this end, it has two chambers (judicial and administrative).

Military justice is established as a separate judicial order. It is composed of the High Military Court, the Military Court of Appeal, and the Military Courts (Article 198 of the Constitution).

Judges remain in the office permanently and are subject to the law only in the exercise of their functions. The administration of the judiciary (including the appointment, promotion, discipline, and accountability of judges, etc.) is the responsibility of the Supreme Council of the Judiciary (CSM). The CSM proposes judges to the President for appointment and promotion. The Council is chaired by the President of the Supreme Court.

In addition to the ordinary courts, the 2023 Constitution established a constitutional council to monitor the conformity of laws and international treaties and agreements with the Constitution. The Constitutional Council also hears disputes arising from presidential, legislative, and senatorial elections. It monitors the legality of referendum operations and proclaims the results. The Constitutional Council is composed of nine councilors (three magistrates and six high-level jurists) appointed by decree of the President of the Republic for a non-renewable term of nine years, during which they are irremovable from office.

The Constitution also provides for the establishment of a High Court of Justice, competent to try the President of the Republic and members of the government in cases of high treason. The High Court of Justice comprises eight members of Parliament (four deputies and four senators), four members of the Supreme Court, and three members of the Constitutional Council.

3. The Law-Making Process

In accordance with the Constitution of 17 December 2023 (Article 142), the initiative for laws belongs simultaneously to the Government and the members of the Parliament. There is a reserved legislative area defined by the Constitution (Article 132). All other matters, which have not been expressly identified as falling within the reserved legislative area, fall within the regulatory field (Article 133). Legislative texts adopted in these areas may be amended by decree after the opinion of the Constitutional Council.

During the discussion of a bill, if the government is of the opinion that a proposal or amendment does not fall within the reserved legislative area, it may draw the attention of the Parliament by raising the inadmissibility of such a proposal or amendment. In the event of disagreement between the Parliament and the Government, the Constitutional Council, at the request of either party, shall give a decision within eight days.

3.1. Sources of Law

Sources of law in Chad include the Constitution, international treaties ratified by Chad, acts of Parliament, regulations, ordinances, and customary law.

3.2. The Constitution

The Constitution is the supreme law of the land. All other sources of law must be in conformity with its provisions. The initiative to revise the Constitution is the responsibility of the President of the Republic, after a decision has been taken by the Council of Ministers and the members of the Parliament.

The draft or proposed revision must be adopted by a majority of 2/3 of the members of the National Assembly and the Senate. No revision procedure may undermine the integrity of the territory, national independence or unity, the republican form of the State, the separation of powers, secularism, fundamental rights and freedoms, and political pluralism (Article 282).

3.3. International Treaties

Chad is a country of civil law. International treaties are dealt with under title XX of the Chadian Constitution (articles 273 to 277).

International treaties are negotiated and ratified by the President of the Republic. However, peace treaties; defense treaties; commercial treaties; treaties relating to the use of the national territory or the exploitation of natural resources; and agreements relating to international organization, those involving the finances of the State, or those relating to the status of persons may be approved or ratified only after the authorization of the Parliament and shall not take effect until approval and ratification.

Treaties involving the transfer, exchange, and addition of territory require the consent of the people expressed through a referendum.

International treaties and agreements must be compatible with the Constitution. If the Constitutional Council, at the request of the President of the Republic or the President of the National Assembly or the Senate, finds that a provision of a treaty is not compatible with the Constitution, such a treaty may not be ratified without amending the Constitution. Once a treaty is legally ratified and published, it has an authority that is superior to national legislation.

3.4. Acts of Parliaments

The acts of Parliament in Chad are adopted by the National Assembly. These acts may emanate from the government (bill) or from a member of the National Assembly (bill). Once the bill has been adopted, it is sent to the government and promulgated by the President of the Republic within fifteen days (eight days in cases of emergency). During these fifteen days, the President can send the text back to the National Assembly for further deliberations.

The Constitution identifies an area where Parliament can intervene by means of legislation. In this area, there is a distinction between matters for which Parliament lays down the rules and those for which it determines only the fundamental principles which must subsequently be supplemented by rules and regulations to be made by the executive.

Parliament may adopt laws regulating civil rights and fundamental guarantees for the exercise of public freedoms, taxation, citizenship, the status and capacity of persons, matrimonial property regimes, inheritance and liberal gifts, the determination of criminal offences and applicable penalties, amnesty, creation of new courts, status of judges, etc.

Parliament determines the fundamental principles of the administrative organization of the territory, the organization of national defense, the autonomy of local institutions, public health, social affairs and the rights of the child, private property, environmental protection and conservation of natural resources, labor law, public domain, etc.

3.5. Executive Acts: Regulations

The executive intervenes in the legislative process mainly by regulating matters within the executive domain and, secondarily, by taking measures to supplement the matters for which Parliament has defined the basic principles.

The President of the Republic and the Prime Minister both have statutory powers. The President signs all decrees deliberated by the Council of Ministers. These decrees are countersigned by the Prime Minister. The president also signs other executive orders. The Council of Ministers shall determine, in the executive sphere, the matters over which the Prime Minister exercises his statutory power.

3.6. Orders

The government may, for the purpose of implementing work of his program, ask Parliament to allow it to legislate, by ordinance, on matters that normally fall within the reserved legislative field. Such authorization is limited in time, and the government files all ordinances it has passed during the authorized period with the Parliament when it is in session. Failure to do so renders the orders null and void. Ordinances are adopted by the Council of Ministers, which requests the opinion of the Administrative Chamber of the Supreme Court.

3.7. Customary Rules

Customary and traditional rules are applicable in the communities where they are recognized, provided that they do not conflict with the law. Customary and traditional rules that promote inequality among citizens are prohibited, and those governing matrimonial regimes and inheritance require the consent of the parties concerned.

4. Main Legislation

At the time of its accession to international sovereignty, the Republic of Chad chose to maintain colonial laws until they were gradually replaced by national laws. The most important of these colonial laws is the Civil Code. Chad continues to use the 1958 edition of the French Civil Code. In 1999, the government drafted a Personal and Family Code, which still needs to be validated and adopted by Parliament to replace the current Civil Code.

Other important pieces of legislation include:

  • The Labour Code (Law No. 038/PR/96 of 11 December 1996)
  • The Criminal Code and the Code of Criminal Procedure (Law No. 001/PR/2017 of 8 May 2017; Law No. 012/PR/2017 of 17 July 2017)
  • Ordinances Nos. 12 and 13/PR/MJ of 9 June 1967 on Political Parties
  • The Law on the Regime of Associations (Ordinance No. 23 of 27 June 2018)
  • The Law on the Press (Laws No. 20, No. 31 and No. 32 of 2018 respectively on the regime of the press and electronic media, audiovisual communication and HAMA
  • The Investment Charter (Law No. 006 /PR/2008 of 3 January 2008)
  • The Petroleum Code (Law No. 006/PR/2007 of 2 May 2007 on hydrocarbons)
  • The Mining Code (Ordinance No. 04/PR/2018 of 21 February 2018)
  • The Anti-Corruption Law (Law No. 044/PR/2000 of 16 February 2000, Ordinance No. 03 of 1 August 2023 establishing the Independent Anti-Corruption Authority (AILC))
  • The Electoral Code (Law No. 005/CNT/2024 of 22 February 2024 on the Electoral Code)
  • The Law on Parity in Appointed Positions (Ordinance No. 012/PR/2012 of 22 May 2018 on Parity between Men and Women in Appointed Positions)
  • The Law on the Fight against HIV/AIDS/stds and the Protection of the Rights of People Living with HIV/AIDS (Law No. 019/PR/2007 of 15 November 2018) 2007)
  • The Law on Copyright (Law No. 005/PR/2003 of 2 May 2003)
  • The Law on the Management of Oil Revenues (Law No. 001/PR/1999 of 11 January 1999)
  • The Law on Judicial Status (Law No. 011/PR/2013 of 17 June 2013 on Code of the judicial organization, Law No. 012/PR/2013 on the organization and functioning of the courts ruling on administrative disputes, Law No. 028/PR/2020 on the Code of Civil, Commercial and Social Procedure, Ordinance No. 12/PR/2012 of 21 February 2012 on the status of the judiciary)
  • Laws on the governance of public institutions and companies (Law No. 016/CNT/2024 of 17 September 2024 on the general rules for the creation and status of public institutions; Law No. 17/CNT/2024 of 17 September 2024 on the Code of Good Governance of Public Enterprises; Law No. 020/CNT/2024 of 23 September 2024 on the Governance of Companies with Public Participation; Law No. 26/CNT/2024 of 17 October 2024 on the Governance of Independent Administrative Authorities (iaas))
  • The laws on major institutions (Organic Law No. 014/CNT/2024 of 30 July 2024 on the Statutes of Autonomous Communities; Organic Law No. 006/CNT/2024 of 23 February 2024 on attributions, organization, functioning, and rules of procedure before the Supreme Court; Organic Law No. 0001/CNT/2024 of 25 January 2024 on the attributions, organization, and functioning of the Constitutional Council; Organic Law No. 007/CNT/2024 of 26 February 2024 on attributions, organization, functioning, and rules of procedure before the Court of Auditors; Law No. 010/PCMT/2022 of 19 May 2022 amending Law No. 006/PCMT/2021 of 06 October 2021 on the restructuring of administrative units and autonomous communities)
  • Law No. 033/CNT/2024 of 6 December 2024 on the Finance Law for 2025

There are five public universities in Chad with a faculty of law: the University of N’Djamena, the University of Moundou, the University of Doba, the University of Sarh, and the Adam Barka University of Abéché. None of them has a functioning legal reporting system. The Chadian legal and institutional landscape is characterized by a lack of legal resources that are easily accessible online.

The Chadian Legal Data Bank/CEFOD: https://cefod-tchad.org/btdj/ is organized by the Centre for Development and Training Studies (CEFOD) manages Legitchad, which is an online compendium of Chadian legal documents. This collection includes laws, codes, decrees and other legislation including the Legal Review Chad available online. Most of the legal documentation on Chad can be found on the web page of Legitchad and on the CEFOD database.

The files of the Parliament and the Executive, as well as all other official documentary resources, are published in the Official Journal of the Republic of Chad, published by the Imprimerie nationale du Tchad.

Other channels allow you to consult the official texts of the Republic of Chad online. These are, among others, the Facebook pages of the General Secretariat of the Government, the Presidency of the Republic, and some ministries. Still other resources are available through open-source search engines such as Google. Faced with the difficulties of access to digital resources on Chad, alternatives have been developed by some professional groups allowing to consult specific resources for given docs thanks to WhatsApp groups or other platforms of digital interactions of private initiative.

Official websites of state institutions

Legislation and case law

Business Law

Human rights