Constitution of Chad
Encyclopedia
The Constitution of the Republic of Chad is the supreme law of Chad
. Adopted in 1996, six years after President
Idriss Déby
rose to power following a successful rebellion against President Hissène Habré
, this formal document establishes the framework of the Chadian state and government
and enumerates the rights and freedoms of its citizens. In its current form, the contents of the Constitution include a preamble
, 16 parts and 225 articles.
The Constitution, originally composed of 239 articles and 15 parts, has been amended in 2005 for the first time since 1996. In the amendments approved by the Chadian populace
amid fraud allegations, the term limits for the presidency were eliminated, an amendment deeply resented by the opposition and parts of the establishment.
. The constitution originated a parliamentary system
, with executive powers exercised for a five-years' term by a Prime Minister
, subject to the confirmation of the National Assembly
. This constitution was early replaced on November 28, 1960, when the country had just achieved independence, with a new one that introduced a semi-presidential system. President François Tombalbaye
replaced that constitution on April 16, 1962, with a third constitution that provided for a fully presidential system
. Under this constitution, the president was elected for a seven-years' term by a restricted electoral college, composed by National Assembly deputees, mayors, municipal councillors and chiefs. The new constitution also ushered the way to the one party-system by restricting election to the assembly through a single electoral list. The passage to one-party rule was later officialized through the constitutional law of December 29, 1965, amending the 1962 constitution. Eventually Tombalbaye opted for a new constitution in November 1973, on the wave of the cultural revolution
and the demise of the Chadian Progressive Party
in favour of the National Movement for the Cultural and Social Revolution
, so that the new constitutional text would enshrine the regime's ideology.
Following the fall of Tombalbaye
in 1975 and the accord between President Félix Malloum
and the insurgent leader Hissène Habré
in 1978, a new constitution was created on August 29, 1978, to make space for a coalition government, with the executive power shared between the President and the Prime Minister. As part of the coalition accord a National Council representative of all prefectures was set up, and also a Defence and Security Council in which Malloum and Habré partisans were given equal represtation.
Another constitutional text to follow was the short-lived Declaration of N'Djamena
, an interim-document originated on May 8, 1982, after long negotiatiations among the factions that composed the Transitional Government of National Unity. The declaration provided for an executive president, Goukouni Oueddei
, and a 15-men policy-making organ in which all factions were by law to be represented. Members of the Council could not stand in the cabinet, which awnsered to Goukouni and was headed by Prime Minister Dono-Ngardoum Djidingar. After less than a month the declaration was already defunct, when Habré's forces conquered the capital on June 7. Once arrived to power, Habré engineered on September 29 a constitution in line with his needs and that of his faction, the Armed Forces of the North
(FAN). The constitution provided for a powerful President that was both head of state and of government, put in its place by the FAN's political bureau. In case of high treason, the President was accountable for his acts before an ad hoc created FAN high court. A 30-strong members National Consultative Council was also projected, whose members were to come from all of Chad's prefectures and were appointed and dismissed by the President.
After Habré defeated Libya
in the Toyota War
, considerable French pressure was put on Chad to start a democratisation process and to proceed towards national reconciliation. As an answer to these pressures Habré's government produced in June 1989 a constitutional draft that was to establish a strong president elected for a seven-year term and reintroduced the National Assembly, always in the frame of a one-party system. With an official but improbable turnout of 99.4% a popular referendum sanctioned the constitution's approval with a 92% of "yes" votes. Such a referendum could hardly legitimate the regime, and gave little hope of progress towards a true national reconciliation.
suspended the 1989 constitution. This was replaced on March 1, 1991, by a transitional national charter, after having been adopted on February 28 by the National Salvation Council, that it was announced would be replaced in 30 months by a new constitution drawn up by a Sovereign National Conference. The Charter, while if it gave vast if not exorbitant powers to the presidency, assured fundamental freedoms and rights, including the freedom of opinion and of association, the freedom of the press, the free movement of persons and property, the right to own property and the individual and collective freedoms in the frame of a pluralist democracy. The Charter also prohibited magistrates, men of the military and security services from being members of any party. The Charter also attempted to avoid a return of warlordism and sectarian politics, that had long plagued Chad: article 5 demanded parties "to shun intolerance, tribalism, regionalism, religious discrimination and xenophobia and incitement to hatred, and the recource [to] violence in all its forms", while article 6 forbade parties "to set up military or paramilitary organizations; to reconstitute into political parties any erstwhile politico-military bodies". To weaken tribalism, it was also added that to register, parties would need at least three members taken from each of ten prefectures
. Despite this, the charter was widely seen of an attempt by a government only reluctantly committed to democracy to strictly remain in control of every part of the democratisation process.
In December 1991, with considerable delay and due to both serious armed challenges to Déby rule and French pressure, a 79-member commission was instituted to prepare the ground for the conference that, originally scheduled to be convened in May 1992, was on the occasion postponed. Following a month of discussions, the commission articulated a plan for the conference and its composition. Another commission followed in November 1992, known as the Tripartite Commission, composed of representatives of political parties, the government and civil society, under the chairmanship of the Interior Minister. The Commission appointed the 830 delegates to be represented at the CNS from a cross-section of Chad's society. The conference, which opened on January 15, 1993, obtained sovereign powers, and was encharged to prepare a draft of the constitution in one month.
The national conference, which remained in charge until April 6, when it selected in its place a Conseil Supérieur de Transition (CST), a 57-strong body transitional parliament, and a transitional government, both of which were designed to remain in charge for a year, i.e. until April 6, 1994, by which term elections were to take place and a definitive constitution be approved. In the meanwhile the conference adopted the National Charter as an interim constitution. As little had been achieved during the first year of transition, the term was later extended by the CST to April 9, 1995. This period was further extended by the CST on March 31, 1995, with the date for the approval by referendum of the constitution scheduled for March 31, 1996.
Finally, after more than three years of transition, the referendum was held as scheduled in 1996
, proposing a draft modelled on the French constitution
, promoting a presidential and unitary state. The proposed draft, mostly conceived among the presidential entourage and Déby's French allies, was approved by the 61.4% of the voters, but met with strong opposition in southern Chad: in four prefectures
the constitution was rejected with over 80% of the votes, confirming the existence of deep divisions in Chad between the Muslim North and the Christian and animist South. Among the motivations adduced by the supporters of the "No" vote were that it did not create an independent judiciary, that it concentrated too much power in the presidency, and that it established Arabic as an official language.
" and violations of human rights
, thus generating "war, political violence, hatred, intolerance and suspicion between the different communities that make up the Chadian nation." To put an end to the "institutional and political crisis which has been shaking Chad for more than three decades", the preamble states that the Chadian people are committed "to build a state of law and a united nation founded on public liberties and fundamental human rights, dignity of the human person, and political pluralism, on the African values of solidarity and brotherhood", and also to seek to reach the goal of African unity
. In the preamble the right of revolution
is provided for: the individuals have not only the right, but also the duty to oppose "any state body that would assume power by force or would exercise it in violation of the present Constitution".
The constitution also vows to respect the human rights, defining the latter by its endorsement of the Charter of the United Nations, the African Charter on Human and Peoples' Rights
and the Universal Declaration of Human Rights
. The constitutional endorsement of the Universal Declaration of Human Rights is an aspect Chad has in common with many national constitutions: among African countries, it is endorsed by Benin
, Burkina Faso
, Burundi
, Cameroon
, Cape Verde
, Comoros
, Congo-Brazzaville, Côte d'Ivoire
, Equatorial Guinea
, Ethiopia
, Gabon
, Guinea
, Guinea-Bissau
, Mali
, Mauritania
, Niger
, Rwanda
, Senegal
and Tanzania
. A problem is represented by the implementation of the human rights norms, as there is a legal vacuum due to the lack of the necessary provisions in the Criminal Code, which has to be amended so that national legislation is put into line with the international human rights instruments.
is made the national capital. The constitution also defines the national motto, flag, anthem
.
Among the citizens duties, apart from the respect of the Constitution, stand "the defence of the fatherland" through mandatory military service
(article 51), the respect of the environment and the participation to public expenses. Among the State's duties stand instead the respect of the government and armed forces' neutrality, as well as to exercise its "complete and permanent sovereignty over all national wealth and natural resources for the well-being of the whole national community" (article 57).
and the Government
. The President, who is Head of Sttate and commander of the armed forces
, is elected by popular vote for five years, and can be reelected only once. He must be Chadian by birth, and be "of high morality". It is up to the Constitutional Council
to vigilate on the regularity of the elections
. In case of vacancy or impeachment
by the Supreme Court
, presidential powers are exercised by the President of the Senate
. The President nominates and replaces the Prime Minister
, and, on the Prime Ministers advice, all the ministers. The President attends and chairs the cabinet's meetings. The President can oppose the National Assembly's deliberations, sending back to the Assembly an already approved law, but if it is again approved he must accept it. The president may appoint ambassadors, appoints civil and military personnel, dissolve the National Assembly
, and declare a state of emergency for 15 days, that can be extended with the consent of the National Assembly.
The Government is instead headed by the Prime Minister, whose duty is to coordinate the government and provide for the administration of the country. Following his designation by the President, he must present himself before the Parliament to pass a motion of Confidence. He can replace the President in the Council of Ministers, but only on his former mandate. His acts, in the specific areas, must be signed also by the relevant minister.
, those to the Senate represent the Decentralised Territorial Collectivities and are elected indirectly by a college composed regional, départemental and municipal councillors. While the firsts are elected for four years, the seconds are elected for six. Deputees and Senators enjoy parliamentary immunity
from legal prosecution, except when the parliamentarian is caught in the act. A parliamentarian may be legally persecuted and even arrested by decision of his chamber of Parliament.
expects to the President, and the Government can obtain from Parliament the authorization to promulgate ordinance in the domains generally competing to the legislative body. Legislaive initiative competes to both the Government and the members of Parliament. Whenever a conflict emerges among the executive and legislative bodies over the conformity of a proposed amendment to the law in discussion, it's up to the Constitutional Council to decide for a side or the other.
, the Courts of Appeals, tribunals and Justices of the Peace. The highest jurisdiction is the Supreme Court, composed of 16 members. Of these, the President nominates the President of the court and 6 judges, 5 by the President of the National Assembly and the remaining 4 by the President of the Senate. The independence of the Judiciary is guaranteed by the President with the help of the Superior Council of Magistrates, that the President chairs. The Superior Council proposes nominations and advancements to the President, to whom it competes to place and remove them.
A space is also left to Customary and traditional law
: it can be applied in locales where it is recognized and to the extent it does not interfere with public order or constitutional guarantees of equality for all citizens. Also traditional rules dictating matrimonial regimes and inheritances may be applied only with the consent of the parties concerned, or else by default the national law is used. This explicit constitutional reference to custom is in Francophone Africa a Chadian peculiarity, as the other Francophone appear to deny the existence of custom.
, composed of 9 members serving terms of 9 years each, of whom a third are selected by the President of Chad, a third by the President of the National Assembly and the remaining third by the President of the Senate. Its office is to establish if laws and treaties are or are not in conformity with the constitution, and to monitor the regularity of referendums and legislative and presidential elections. It also intervenes to solve conflicts among the State's institutions.
, formed by 15 members, of whom 10 are parliamentarians and 5 Constitutional Council and Supreme Court judges. The only jurisdiction that can try the President and his Ministers in cases involving high treason
(which includes in its definition human rights violations, embezzlement, corruption, extortion and traffic in drugs), the only crime for which a President can be judged while in his functions. To be brought before the tribunal, the President must first be impeached by a 2/3 vote of both chambers of Parliament.
(article 188). These forces are the Chadian National Army (ANT), the Gendarmerie, the National Police and the Nomad and National Guard
(GNNT). The ANT and the Gendarmerie are employed in the national defence, while the GNNT, the Police and the Genarmerie guarantee public order. The security and armed forces are subordinated to civilian rule, and are kept to respect the republican legality (article 190).
, Departments
, Communes and Rural Communities of Chad (article 203). The DTC have economic and financial autonomy, and are run by elected local assemblies; among their offices stand the administratration of the territory, the maintainment of public order and cultural, sanitary and economic development, along with the protection of the environment.
, will remain in office until new elections; and that the Conseil Supérieur de Transition will remain for the meanwhile the country's legislative body. It is also added that before the Senate becomes operational, its powers will be held by the National Assembly. Regarding the highest judiciary bodies it states that, prior to their establishment, their functions will be exercised by the Court of Appeals of N'Djamena
.
(MPS), the party militants first voiced the idea of a revision of the Constitution. The proposal was promptly endorsed by the MPS-controlled National Assembly, that created a Parliamentary commission, which concluded that "after eight years since its existence to correct the faults of the constitution, the correction of the constitution has become inevitable and indespensable", proposing eight articles for constitutional review. These amendments were approved by the National Assembly on May 26, 2004 with 123 votes for, 1 abstension and no against. Due to its crushing majority in the chamber the MPS had no difficulties garnering the necessary 2/3 majority, while the opposition deputees walked out in sign of protest.
The amendments replaced the Senate with an Economic, Social, and Cultural Council appointed by the president, and made constitutional revisions a presidential prerogative, but the most controversial point results in the amendment of article 61, that stated that the President can be reelected to office only once. This ruled out the chance that President Idriss Déby
could stand for reelection in the 2006 presidential elections
, as he had already been reelected in 2001
. Following the amendment, the two-term limit was removed, arousing fears that Déby was seeking to extend his rule indefinitely. The opposition came from both the smaller parties, that united in the Coordination des Parties Politiques de la Défence de la Constitution (CPDC), and important segments of the MPS and Déby's ethnic group, the Zaghawa. The reform of the constitution was also heavily criticized by international opinion and doubts were cast on the future of the democratisation process, in what was seen as an "authoritarian restoration".
As sanctioned by article 224, the constitutional modifications were to be submitted to eferendum. Originally planned for late 2004, it was at the end held in June 2005. Amid allegations of widespread irregularities in the voter registration process and government repression of the independent media during the referendum campaign, the referendum passed
with a 71% of "yes" votes, a result the opposition claimed was fixed in advance. The legal opposition presented itself divided at the referendum, with some parties campaigning for the "no" vote and others for boycott.
Chad
Chad , officially known as the Republic of Chad, is a landlocked country in Central Africa. It is bordered by Libya to the north, Sudan to the east, the Central African Republic to the south, Cameroon and Nigeria to the southwest, and Niger to the west...
. Adopted in 1996, six years after President
Heads of state of Chad
-List of Heads of State of Chad:-Affiliations:-External links:**...
Idriss Déby
Idriss Déby
General Idriss Déby Itno is the President of Chad and the head of the Patriotic Salvation Movement. Déby is of the Bidyat clan of the Zaghawa ethnic group. He added "Itno" to his surname in January 2006.-Rise to power:...
rose to power following a successful rebellion against President Hissène Habré
Hissène Habré
Hissène Habré , also spelled Hissen Habré, was the leader of Chad from 1982 until he was deposed in 1990.-Early life:...
, this formal document establishes the framework of the Chadian state and government
Government of Chad
The Government of Chad has been ruled and controlled by Idriss Déby and his Patriotic Salvation Movement since December 2, 1990, and officially since February 28, 1991. An amendment to the Constitution of Chad, passed in 2005, allowed Déby to run for his next term which will be his third...
and enumerates the rights and freedoms of its citizens. In its current form, the contents of the Constitution include a preamble
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
, 16 parts and 225 articles.
The Constitution, originally composed of 239 articles and 15 parts, has been amended in 2005 for the first time since 1996. In the amendments approved by the Chadian populace
Chadian constitutional referendum, 2005
On 6 June 2005 the Chadian voters were called to pronounce themselves through a referendum on the revision of the Constitution originally approved on 31 March 1996....
amid fraud allegations, the term limits for the presidency were eliminated, an amendment deeply resented by the opposition and parts of the establishment.
Previous constitutions
Before the current constitution was approved in 1996, Chad had already been subjected between 1959 and 1990 to eight constitutions. The first constitution was approved on March 31, 1959, when the country was still a French colonyColonial Chad
Chad was a part of the French colonial empire from 1900 to 1960. Colonial rule under the French began in 1900 when the Military Territory of Chad was established. From 1905, Chad was linked to the federation of French colonial possessions in Middle Africa, known from 1910 under the name of French...
. The constitution originated a parliamentary system
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
, with executive powers exercised for a five-years' term by a Prime Minister
Heads of government of Chad
-List of Heads of Government of Chad:-Affiliations:-References:*...
, subject to the confirmation of the National Assembly
National Assembly of Chad
The National Assembly is the parliament of Chad. It has 155 members, elected for a four year term in 25 single-member constituencies and 34 multi-member constituencies.-See also:*List of Presidents of the National Assembly of Chad...
. This constitution was early replaced on November 28, 1960, when the country had just achieved independence, with a new one that introduced a semi-presidential system. President François Tombalbaye
François Tombalbaye
François Tombalbaye, also called Ngarta Tombalbaye , was a teacher and a trade union activist who served as the first president of Chad. He was born in the southern region of the country in the Moyen-Chari Prefecture near the city of Koumara and was of the Sara ethnic group, the prominent ethnicity...
replaced that constitution on April 16, 1962, with a third constitution that provided for a fully presidential system
Presidential system
A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....
. Under this constitution, the president was elected for a seven-years' term by a restricted electoral college, composed by National Assembly deputees, mayors, municipal councillors and chiefs. The new constitution also ushered the way to the one party-system by restricting election to the assembly through a single electoral list. The passage to one-party rule was later officialized through the constitutional law of December 29, 1965, amending the 1962 constitution. Eventually Tombalbaye opted for a new constitution in November 1973, on the wave of the cultural revolution
Authenticité
Authenticité was the name given to the Chadian president François Tombalbaye's attempt to remove foreign influence and promote southern Chadian culture throughout Chad during the 1970s...
and the demise of the Chadian Progressive Party
Chadian Progressive Party
The Chadian Progressive Party was the first African political party created in Chad, active from 1947 to 1973...
in favour of the National Movement for the Cultural and Social Revolution
National Movement for the Cultural and Social Revolution
The National Movement for the Cultural and Social Revolution was a political party in Chad. It was the successor to the Chadian Progressive Party and existed from 1973 to 1975 as the country's sole legal party, under the strict control of the President Ngarta Tombalbaye...
, so that the new constitutional text would enshrine the regime's ideology.
Following the fall of Tombalbaye
Chadian coup of 1975
The Chadian coup of 1975 was in considerable part generated by the growing distrust of the President of Chad, François Tombalbaye, for the army. This distrust came in part from the Chadian Armed Forces incapacity to deal with the rebellion that was inflaming the Muslim north from when the rebel...
in 1975 and the accord between President Félix Malloum
Félix Malloum
General Félix Malloum or Félix Malloum Ngakoutou Bey-Ndi was a Chadian politician from the south. He served as an officer in the Chadian Military and as a member of the ruling Chadian Progressive Party . He later became the Chief of Staff with the rank of colonel...
and the insurgent leader Hissène Habré
Hissène Habré
Hissène Habré , also spelled Hissen Habré, was the leader of Chad from 1982 until he was deposed in 1990.-Early life:...
in 1978, a new constitution was created on August 29, 1978, to make space for a coalition government, with the executive power shared between the President and the Prime Minister. As part of the coalition accord a National Council representative of all prefectures was set up, and also a Defence and Security Council in which Malloum and Habré partisans were given equal represtation.
Another constitutional text to follow was the short-lived Declaration of N'Djamena
N'Djamena
N'Djamena is the capital and largest city of Chad. A port on the Chari River, near the confluence with the Logone River, it directly faces the Cameroonian town of Kousséri, to which the city is connected by a bridge. It is also a special statute region, divided in 10 arrondissements. It is a...
, an interim-document originated on May 8, 1982, after long negotiatiations among the factions that composed the Transitional Government of National Unity. The declaration provided for an executive president, Goukouni Oueddei
Goukouni Oueddei
Goukouni Oueddei is a Chadian political figure. He was Head of State of Chad from 1979 to 1982. He is currently in exile.-Biography:...
, and a 15-men policy-making organ in which all factions were by law to be represented. Members of the Council could not stand in the cabinet, which awnsered to Goukouni and was headed by Prime Minister Dono-Ngardoum Djidingar. After less than a month the declaration was already defunct, when Habré's forces conquered the capital on June 7. Once arrived to power, Habré engineered on September 29 a constitution in line with his needs and that of his faction, the Armed Forces of the North
Armed Forces of the North
The Armed Forces of the North was a Chadian rebel army active during the Chadian Civil War. Composed of FROLINAT units that remained loyal to Hissène Habré following his break from Goukouni Oueddei and the CCFAN in 1976...
(FAN). The constitution provided for a powerful President that was both head of state and of government, put in its place by the FAN's political bureau. In case of high treason, the President was accountable for his acts before an ad hoc created FAN high court. A 30-strong members National Consultative Council was also projected, whose members were to come from all of Chad's prefectures and were appointed and dismissed by the President.
After Habré defeated Libya
Libya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
in the Toyota War
Toyota War
The Toyota War is the name commonly given to the last phase of the Chadian–Libyan conflict, which took place in 1987 in Northern Chad and on the Libyan-Chadian border. It takes its name from the Toyota pickup trucks used as technicals to provide mobility for the Chadian troops as they fought...
, considerable French pressure was put on Chad to start a democratisation process and to proceed towards national reconciliation. As an answer to these pressures Habré's government produced in June 1989 a constitutional draft that was to establish a strong president elected for a seven-year term and reintroduced the National Assembly, always in the frame of a one-party system. With an official but improbable turnout of 99.4% a popular referendum sanctioned the constitution's approval with a 92% of "yes" votes. Such a referendum could hardly legitimate the regime, and gave little hope of progress towards a true national reconciliation.
Constitutional process
The day after rising to power on December 2, 1990, Idriss DébyIdriss Déby
General Idriss Déby Itno is the President of Chad and the head of the Patriotic Salvation Movement. Déby is of the Bidyat clan of the Zaghawa ethnic group. He added "Itno" to his surname in January 2006.-Rise to power:...
suspended the 1989 constitution. This was replaced on March 1, 1991, by a transitional national charter, after having been adopted on February 28 by the National Salvation Council, that it was announced would be replaced in 30 months by a new constitution drawn up by a Sovereign National Conference. The Charter, while if it gave vast if not exorbitant powers to the presidency, assured fundamental freedoms and rights, including the freedom of opinion and of association, the freedom of the press, the free movement of persons and property, the right to own property and the individual and collective freedoms in the frame of a pluralist democracy. The Charter also prohibited magistrates, men of the military and security services from being members of any party. The Charter also attempted to avoid a return of warlordism and sectarian politics, that had long plagued Chad: article 5 demanded parties "to shun intolerance, tribalism, regionalism, religious discrimination and xenophobia and incitement to hatred, and the recource [to] violence in all its forms", while article 6 forbade parties "to set up military or paramilitary organizations; to reconstitute into political parties any erstwhile politico-military bodies". To weaken tribalism, it was also added that to register, parties would need at least three members taken from each of ten prefectures
Prefectures of Chad
Chad was divided into 14 prefectures from 1960, the year of independence, to 1999, when the country was divided in 28 departments:A further reorganisation in 2002 divided the country into the current 18 regions.NB : Alphabetic order...
. Despite this, the charter was widely seen of an attempt by a government only reluctantly committed to democracy to strictly remain in control of every part of the democratisation process.
In December 1991, with considerable delay and due to both serious armed challenges to Déby rule and French pressure, a 79-member commission was instituted to prepare the ground for the conference that, originally scheduled to be convened in May 1992, was on the occasion postponed. Following a month of discussions, the commission articulated a plan for the conference and its composition. Another commission followed in November 1992, known as the Tripartite Commission, composed of representatives of political parties, the government and civil society, under the chairmanship of the Interior Minister. The Commission appointed the 830 delegates to be represented at the CNS from a cross-section of Chad's society. The conference, which opened on January 15, 1993, obtained sovereign powers, and was encharged to prepare a draft of the constitution in one month.
The national conference, which remained in charge until April 6, when it selected in its place a Conseil Supérieur de Transition (CST), a 57-strong body transitional parliament, and a transitional government, both of which were designed to remain in charge for a year, i.e. until April 6, 1994, by which term elections were to take place and a definitive constitution be approved. In the meanwhile the conference adopted the National Charter as an interim constitution. As little had been achieved during the first year of transition, the term was later extended by the CST to April 9, 1995. This period was further extended by the CST on March 31, 1995, with the date for the approval by referendum of the constitution scheduled for March 31, 1996.
Finally, after more than three years of transition, the referendum was held as scheduled in 1996
Chadian constitutional referendum, 1996
A constitutional referendum was held in Chad on 31 March 1996 to approve or reject the new constitutional draft meant to definitively replace the Transitional Charter established by the Sovereign National Conference in 1993...
, proposing a draft modelled on the French constitution
Constitution of France
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth...
, promoting a presidential and unitary state. The proposed draft, mostly conceived among the presidential entourage and Déby's French allies, was approved by the 61.4% of the voters, but met with strong opposition in southern Chad: in four prefectures
Prefectures of Chad
Chad was divided into 14 prefectures from 1960, the year of independence, to 1999, when the country was divided in 28 departments:A further reorganisation in 2002 divided the country into the current 18 regions.NB : Alphabetic order...
the constitution was rejected with over 80% of the votes, confirming the existence of deep divisions in Chad between the Muslim North and the Christian and animist South. Among the motivations adduced by the supporters of the "No" vote were that it did not create an independent judiciary, that it concentrated too much power in the presidency, and that it established Arabic as an official language.
Preamble
The Constitution begins with a preamble, that severely criticizes the Chadian past, arguing that "years of dictatorship and single party rule have prevented the blossoming of any democratic culture and of multi-party politics", and has favoured the diffusion of "tribalismTribalism
The social structure of a tribe can vary greatly from case to case, but, due to the small size of tribes, it is always a relatively simple role structure, with few significant social distinctions between individuals....
" and violations of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, thus generating "war, political violence, hatred, intolerance and suspicion between the different communities that make up the Chadian nation." To put an end to the "institutional and political crisis which has been shaking Chad for more than three decades", the preamble states that the Chadian people are committed "to build a state of law and a united nation founded on public liberties and fundamental human rights, dignity of the human person, and political pluralism, on the African values of solidarity and brotherhood", and also to seek to reach the goal of African unity
Pan-Africanism
Pan-Africanism is a movement that seeks to unify African people or people living in Africa, into a "one African community". Differing types of Pan-Africanism seek different levels of economic, racial, social, or political unity...
. In the preamble the right of revolution
Right of revolution
In political philosophy, the right of revolution is the right or duty, variously stated throughout history, of the people of a nation to overthrow a government that acts against their common interests...
is provided for: the individuals have not only the right, but also the duty to oppose "any state body that would assume power by force or would exercise it in violation of the present Constitution".
The constitution also vows to respect the human rights, defining the latter by its endorsement of the Charter of the United Nations, the African Charter on Human and Peoples' Rights
African Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent....
and the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
. The constitutional endorsement of the Universal Declaration of Human Rights is an aspect Chad has in common with many national constitutions: among African countries, it is endorsed by Benin
Benin
Benin , officially the Republic of Benin, is a country in West Africa. It borders Togo to the west, Nigeria to the east and Burkina Faso and Niger to the north. Its small southern coastline on the Bight of Benin is where a majority of the population is located...
, Burkina Faso
Burkina Faso
Burkina Faso – also known by its short-form name Burkina – is a landlocked country in west Africa. It is surrounded by six countries: Mali to the north, Niger to the east, Benin to the southeast, Togo and Ghana to the south, and Côte d'Ivoire to the southwest.Its size is with an estimated...
, Burundi
Burundi
Burundi , officially the Republic of Burundi , is a landlocked country in the Great Lakes region of Eastern Africa bordered by Rwanda to the north, Tanzania to the east and south, and the Democratic Republic of the Congo to the west. Its capital is Bujumbura...
, Cameroon
Cameroon
Cameroon, officially the Republic of Cameroon , is a country in west Central Africa. It is bordered by Nigeria to the west; Chad to the northeast; the Central African Republic to the east; and Equatorial Guinea, Gabon, and the Republic of the Congo to the south. Cameroon's coastline lies on the...
, Cape Verde
Cape Verde
The Republic of Cape Verde is an island country, spanning an archipelago of 10 islands located in the central Atlantic Ocean, 570 kilometres off the coast of Western Africa...
, Comoros
Comoros
The Comoros , officially the Union of the Comoros is an archipelago island nation in the Indian Ocean, located off the eastern coast of Africa, on the northern end of the Mozambique Channel, between northeastern Mozambique and northwestern Madagascar...
, Congo-Brazzaville, Côte d'Ivoire
Côte d'Ivoire
The Republic of Côte d'Ivoire or Ivory Coast is a country in West Africa. It has an area of , and borders the countries Liberia, Guinea, Mali, Burkina Faso and Ghana; its southern boundary is along the Gulf of Guinea. The country's population was 15,366,672 in 1998 and was estimated to be...
, Equatorial Guinea
Equatorial Guinea
Equatorial Guinea, officially the Republic of Equatorial Guinea where the capital Malabo is situated.Annobón is the southernmost island of Equatorial Guinea and is situated just south of the equator. Bioko island is the northernmost point of Equatorial Guinea. Between the two islands and to the...
, Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
, Gabon
Gabon
Gabon , officially the Gabonese Republic is a state in west central Africa sharing borders with Equatorial Guinea to the northwest, Cameroon to the north, and with the Republic of the Congo curving around the east and south. The Gulf of Guinea, an arm of the Atlantic Ocean is to the west...
, Guinea
Guinea
Guinea , officially the Republic of Guinea , is a country in West Africa. Formerly known as French Guinea , it is today sometimes called Guinea-Conakry to distinguish it from its neighbour Guinea-Bissau. Guinea is divided into eight administrative regions and subdivided into thirty-three prefectures...
, Guinea-Bissau
Guinea-Bissau
The Republic of Guinea-Bissau is a country in West Africa. It is bordered by Senegal to the north, and Guinea to the south and east, with the Atlantic Ocean to its west....
, Mali
Mali
Mali , officially the Republic of Mali , is a landlocked country in Western Africa. Mali borders Algeria on the north, Niger on the east, Burkina Faso and the Côte d'Ivoire on the south, Guinea on the south-west, and Senegal and Mauritania on the west. Its size is just over 1,240,000 km² with...
, Mauritania
Mauritania
Mauritania is a country in the Maghreb and West Africa. It is bordered by the Atlantic Ocean in the west, by Western Sahara in the north, by Algeria in the northeast, by Mali in the east and southeast, and by Senegal in the southwest...
, Niger
Niger
Niger , officially named the Republic of Niger, is a landlocked country in Western Africa, named after the Niger River. It borders Nigeria and Benin to the south, Burkina Faso and Mali to the west, Algeria and Libya to the north and Chad to the east...
, Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
, Senegal
Senegal
Senegal , officially the Republic of Senegal , is a country in western Africa. It owes its name to the Sénégal River that borders it to the east and north...
and Tanzania
Tanzania
The United Republic of Tanzania is a country in East Africa bordered by Kenya and Uganda to the north, Rwanda, Burundi, and the Democratic Republic of the Congo to the west, and Zambia, Malawi, and Mozambique to the south. The country's eastern borders lie on the Indian Ocean.Tanzania is a state...
. A problem is represented by the implementation of the human rights norms, as there is a legal vacuum due to the lack of the necessary provisions in the Criminal Code, which has to be amended so that national legislation is put into line with the international human rights instruments.
Title one
The first section of the constitution covers in 11 articles the topics concerning the State and Sovereignty. The first article states that "Chad is a ... secular ... Republic", adding that "the separation between state and religion is affirmed", while in the second it is affirmed that the country is organized in "the Decentralised Territorial Collectivities, whose autonomy is guaranteed by the constitution". Sovereignty is placed in the hands of the people, who express it either through referendum or the election of representatives by universal suffrage. French and Arabic are designated the official languages. N'DjamenaN'Djamena
N'Djamena is the capital and largest city of Chad. A port on the Chari River, near the confluence with the Logone River, it directly faces the Cameroonian town of Kousséri, to which the city is connected by a bridge. It is also a special statute region, divided in 10 arrondissements. It is a...
is made the national capital. The constitution also defines the national motto, flag, anthem
Anthem
The term anthem means either a specific form of Anglican church music , or more generally, a song of celebration, usually acting as a symbol for a distinct group of people, as in the term "national anthem" or "sports anthem".-Etymology:The word is derived from the Greek via Old English , a word...
.
Title two
The second part (12 - 58 articles) ennumerates the rights and duties of the Chadian citizens. Men and women are equal before the law (article 13), and the State "has the duty to see to the elimination of all forms of discrimination with regard to women and to assure the protection of their rights in all areas of private and public life" (article 14). In the other articles, it is stated that the "human person is sacred and inviolable" (article 17), and that torture, slavery, arbitrary arrest and detention, collective penal responsibility are banned. Among Chadians' rights are those of opinion, circulation, press, strike, work, education, culture and to an healthy environment. "Private property is inviolable and sacred" (article 41), as is the domicile, and "the privacy of correspondence is guaranteed by law". The State and the Decentralised Territorial Collectivities are committed to the protection of the environment (article 48).Among the citizens duties, apart from the respect of the Constitution, stand "the defence of the fatherland" through mandatory military service
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
(article 51), the respect of the environment and the participation to public expenses. Among the State's duties stand instead the respect of the government and armed forces' neutrality, as well as to exercise its "complete and permanent sovereignty over all national wealth and natural resources for the well-being of the whole national community" (article 57).
Title three
The third section of the constitution deals with the executive power (59 - 105 articles), which is exercised by the PresidentHeads of state of Chad
-List of Heads of State of Chad:-Affiliations:-External links:**...
and the Government
Government of Chad
The Government of Chad has been ruled and controlled by Idriss Déby and his Patriotic Salvation Movement since December 2, 1990, and officially since February 28, 1991. An amendment to the Constitution of Chad, passed in 2005, allowed Déby to run for his next term which will be his third...
. The President, who is Head of Sttate and commander of the armed forces
Military of Chad
The Military of Chad consists of the Armed Forces , Republican Guard, Rapid Intervention Force, Police, and National and Nomadic Guard...
, is elected by popular vote for five years, and can be reelected only once. He must be Chadian by birth, and be "of high morality". It is up to the Constitutional Council
Constitutional Council of Chad
The Constitutional Council of Chad judges the constitutionality of legislation and treaties in Chad. It consists of nine judges who are elected to 9-year terms. It is established by Title VII of the Constitution of Chad.-Sources:...
to vigilate on the regularity of the elections
Elections in Chad
Elections in Chad gives information on election and election results in Chad.Chad elects on national level a head of state - the president - and a legislature. The president is elected for a five year term by the people...
. In case of vacancy or impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
by the Supreme Court
Supreme Court of Chad
The Supreme Court is the highest jurisdiction of Chad in judiciary, administrative and tributary fields.-The Supreme Court in the Constitution:...
, presidential powers are exercised by the President of the Senate
Senate
A senate is a deliberative assembly, often the upper house or chamber of a legislature or parliament. There have been many such bodies in history, since senate means the assembly of the eldest and wiser members of the society and ruling class...
. The President nominates and replaces the Prime Minister
Heads of government of Chad
-List of Heads of Government of Chad:-Affiliations:-References:*...
, and, on the Prime Ministers advice, all the ministers. The President attends and chairs the cabinet's meetings. The President can oppose the National Assembly's deliberations, sending back to the Assembly an already approved law, but if it is again approved he must accept it. The president may appoint ambassadors, appoints civil and military personnel, dissolve the National Assembly
National Assembly of Chad
The National Assembly is the parliament of Chad. It has 155 members, elected for a four year term in 25 single-member constituencies and 34 multi-member constituencies.-See also:*List of Presidents of the National Assembly of Chad...
, and declare a state of emergency for 15 days, that can be extended with the consent of the National Assembly.
The Government is instead headed by the Prime Minister, whose duty is to coordinate the government and provide for the administration of the country. Following his designation by the President, he must present himself before the Parliament to pass a motion of Confidence. He can replace the President in the Council of Ministers, but only on his former mandate. His acts, in the specific areas, must be signed also by the relevant minister.
Title four
The fourth part treats in detail the legislative power from article 106 to article 124. The legislative power is in the hands of the National Assembly and the Senate; while National Assembly representatives are directly elected by universal suffrageUniversal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
, those to the Senate represent the Decentralised Territorial Collectivities and are elected indirectly by a college composed regional, départemental and municipal councillors. While the firsts are elected for four years, the seconds are elected for six. Deputees and Senators enjoy parliamentary immunity
Parliamentary immunity
Parliamentary immunity, also known as legislative immunity, is a system in which members of the parliament or legislature are granted partial immunity from prosecution. Before prosecuting, it is necessary that the immunity be removed, usually by a superior court of justice or by the parliament itself...
from legal prosecution, except when the parliamentarian is caught in the act. A parliamentarian may be legally persecuted and even arrested by decision of his chamber of Parliament.
Title five
The fifth part (125 - 145 articles) deals about the relations among legislative and executive powers. It is stated that while making laws competes to Parliament, as does the decleclaration of war, the proclamation of the state of emergencyState of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
expects to the President, and the Government can obtain from Parliament the authorization to promulgate ordinance in the domains generally competing to the legislative body. Legislaive initiative competes to both the Government and the members of Parliament. Whenever a conflict emerges among the executive and legislative bodies over the conformity of a proposed amendment to the law in discussion, it's up to the Constitutional Council to decide for a side or the other.
Title six
This section takes in account the third power of the state, the judiciary (146 - 163 articles). Its autonomy from the legislative and executive is affirmed, and it is exercised by the Supreme CourtSupreme Court of Chad
The Supreme Court is the highest jurisdiction of Chad in judiciary, administrative and tributary fields.-The Supreme Court in the Constitution:...
, the Courts of Appeals, tribunals and Justices of the Peace. The highest jurisdiction is the Supreme Court, composed of 16 members. Of these, the President nominates the President of the court and 6 judges, 5 by the President of the National Assembly and the remaining 4 by the President of the Senate. The independence of the Judiciary is guaranteed by the President with the help of the Superior Council of Magistrates, that the President chairs. The Superior Council proposes nominations and advancements to the President, to whom it competes to place and remove them.
A space is also left to Customary and traditional law
Custom (law)
Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:...
: it can be applied in locales where it is recognized and to the extent it does not interfere with public order or constitutional guarantees of equality for all citizens. Also traditional rules dictating matrimonial regimes and inheritances may be applied only with the consent of the parties concerned, or else by default the national law is used. This explicit constitutional reference to custom is in Francophone Africa a Chadian peculiarity, as the other Francophone appear to deny the existence of custom.
Title seven
The seventh part (164 - 175 articles) concerns the Constitutional CouncilConstitutional Council of Chad
The Constitutional Council of Chad judges the constitutionality of legislation and treaties in Chad. It consists of nine judges who are elected to 9-year terms. It is established by Title VII of the Constitution of Chad.-Sources:...
, composed of 9 members serving terms of 9 years each, of whom a third are selected by the President of Chad, a third by the President of the National Assembly and the remaining third by the President of the Senate. Its office is to establish if laws and treaties are or are not in conformity with the constitution, and to monitor the regularity of referendums and legislative and presidential elections. It also intervenes to solve conflicts among the State's institutions.
Title eight
The eighth part (176 - 182 articles) also regards the judiciary power, this time dealing with the High Court of JusticeHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, formed by 15 members, of whom 10 are parliamentarians and 5 Constitutional Council and Supreme Court judges. The only jurisdiction that can try the President and his Ministers in cases involving high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
(which includes in its definition human rights violations, embezzlement, corruption, extortion and traffic in drugs), the only crime for which a President can be judged while in his functions. To be brought before the tribunal, the President must first be impeached by a 2/3 vote of both chambers of Parliament.
Title nine
The ninth part (183 - 187 articles) treats the establishment of a High Council of Communication, composed of nine members chosen by the President (article 184). The Council's duties are to monitor the respect for ethical rules in matters of information and communication, to guarantee the freedom of the press, and to assure political parties equal access to the public media (article 186).Title ten
The tenth part (188 - 202 articles) regards internal security and the national defence, which are guaranteed by the security and armed forcesMilitary of Chad
The Military of Chad consists of the Armed Forces , Republican Guard, Rapid Intervention Force, Police, and National and Nomadic Guard...
(article 188). These forces are the Chadian National Army (ANT), the Gendarmerie, the National Police and the Nomad and National Guard
Nomad and National Guard
The National and Nomadic Guard of Chad is one of four defence and security forces in Chad....
(GNNT). The ANT and the Gendarmerie are employed in the national defence, while the GNNT, the Police and the Genarmerie guarantee public order. The security and armed forces are subordinated to civilian rule, and are kept to respect the republican legality (article 190).
Title eleven
The eleventh section (203 - 213 articles) regards the Decentralised Territorial Collectivities, represented by the RegionsRegions of Chad
||The country of Chad is currently divided into 22 régions. From independence in 1960 until 1999 it was divided into 14 préfectures. These were replaced in 1999 by 28 départements. The country was reorganized again in 2002 to produce 18 régions...
, Departments
Departments of Chad
The regions of Chad are divided into 53 departments. The departments are listed below, by region:-Borkou-Ennedi-Tibesti Region:*Borkou*Ennedi Est*Ennedi Ouest*Tibesti-Chari-Baguirmi Region:*Baguirmi*Chari*Loug Chari-Logone Occidental Region:*Dodjé...
, Communes and Rural Communities of Chad (article 203). The DTC have economic and financial autonomy, and are run by elected local assemblies; among their offices stand the administratration of the territory, the maintainment of public order and cultural, sanitary and economic development, along with the protection of the environment.
Title twelve
To the twelfth section (214 - 217 articles) concerns traditional and customary authorities, which are seen as guarantors of traditions and customs, and are collaborators of the local administrations.Title thirteen
The arguments treated here concern cooperation, treaties and international agreements (218 - 222 articles). To the President competes negotiating and ratifying treaties, but the Parliament must provide its approval to the ratification of peace treaties, commercial treaties and those concerning the well-being of persons.Title fourteen
This section concerns the revision of the constitution (223 - 226 articles). This competes to the President jointly with the Cabinet and the Parliament. To be taken in consideration, an amendment must be approved by both chambers of Parliament by a 2/3 majority of its members. Following the Parliament's vote, a referendum must ensue to make the revision valid. Parts of the constitution can't be revised: these concern the repubblican form of State, political pluralism, the fundamental human rights and the division among State and religion.Title fifteen
In the last chapter the transitional dispositions (227 - 235 articles) are treated . These preview that the Constitution must be approved by referendum; that the current President, Idriss DébyIdriss Déby
General Idriss Déby Itno is the President of Chad and the head of the Patriotic Salvation Movement. Déby is of the Bidyat clan of the Zaghawa ethnic group. He added "Itno" to his surname in January 2006.-Rise to power:...
, will remain in office until new elections; and that the Conseil Supérieur de Transition will remain for the meanwhile the country's legislative body. It is also added that before the Senate becomes operational, its powers will be held by the National Assembly. Regarding the highest judiciary bodies it states that, prior to their establishment, their functions will be exercised by the Court of Appeals of N'Djamena
N'Djamena
N'Djamena is the capital and largest city of Chad. A port on the Chari River, near the confluence with the Logone River, it directly faces the Cameroonian town of Kousséri, to which the city is connected by a bridge. It is also a special statute region, divided in 10 arrondissements. It is a...
.
2005 constitutional revision
In November 2003, during the congress of the ruling Patriotic Salvation MovementPatriotic Salvation Movement
The Patriotic Salvation Movement is the ruling political party in Chad.After Idriss Déby, an army commander who participated in an unsuccessful plot against President Hissène Habré in 1989, fled to Sudan, he and his supporters, known as the April 1 Movement, operated from Sudan with Libyan backing...
(MPS), the party militants first voiced the idea of a revision of the Constitution. The proposal was promptly endorsed by the MPS-controlled National Assembly, that created a Parliamentary commission, which concluded that "after eight years since its existence to correct the faults of the constitution, the correction of the constitution has become inevitable and indespensable", proposing eight articles for constitutional review. These amendments were approved by the National Assembly on May 26, 2004 with 123 votes for, 1 abstension and no against. Due to its crushing majority in the chamber the MPS had no difficulties garnering the necessary 2/3 majority, while the opposition deputees walked out in sign of protest.
The amendments replaced the Senate with an Economic, Social, and Cultural Council appointed by the president, and made constitutional revisions a presidential prerogative, but the most controversial point results in the amendment of article 61, that stated that the President can be reelected to office only once. This ruled out the chance that President Idriss Déby
Idriss Déby
General Idriss Déby Itno is the President of Chad and the head of the Patriotic Salvation Movement. Déby is of the Bidyat clan of the Zaghawa ethnic group. He added "Itno" to his surname in January 2006.-Rise to power:...
could stand for reelection in the 2006 presidential elections
Chadian presidential election, 2006
A presidential election took place in Chad on May 3, 2006. A 2005 constitutional referendum made it possible for President Idriss Déby to run for a third term; having come to power in December 1990, he previously won elections in 1996 and 2001...
, as he had already been reelected in 2001
Chadian presidential election, 2001
A presential election was held in Chad on May 20, 2001. President Idriss Déby stood as a candidate for a second term. He obtained the support of a former opponent, Lol Mahamat Choua, leader of the Rally for Democracy and Progress ....
. Following the amendment, the two-term limit was removed, arousing fears that Déby was seeking to extend his rule indefinitely. The opposition came from both the smaller parties, that united in the Coordination des Parties Politiques de la Défence de la Constitution (CPDC), and important segments of the MPS and Déby's ethnic group, the Zaghawa. The reform of the constitution was also heavily criticized by international opinion and doubts were cast on the future of the democratisation process, in what was seen as an "authoritarian restoration".
As sanctioned by article 224, the constitutional modifications were to be submitted to eferendum. Originally planned for late 2004, it was at the end held in June 2005. Amid allegations of widespread irregularities in the voter registration process and government repression of the independent media during the referendum campaign, the referendum passed
Chadian constitutional referendum, 2005
On 6 June 2005 the Chadian voters were called to pronounce themselves through a referendum on the revision of the Constitution originally approved on 31 March 1996....
with a 71% of "yes" votes, a result the opposition claimed was fixed in advance. The legal opposition presented itself divided at the referendum, with some parties campaigning for the "no" vote and others for boycott.