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What is the general policy environment for refugees in Chad?
Chad is a state party to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa. In 2020, Chad enacted a new asylum Law on 31 December 2020 (Loi No. 027/PR/2020 Portant Asile en République du Tchad).
The new 2020 Asylum Law enhanced the national institutional framework for the protection of refugees and asylum-seekers, overseen by the CNARR (National Commission for the Reception, Reintegration of Refugees and Returnees). The new Asylum Law clarifies the principles applicable to refugees and asylum-seekers to ensure their protection and provides a legal basis for their civil and socio-economic rights, including freedom of movement, access to justice, the right to work, healthcare, education and land. Additionally, the new Asylum Law grants refugees the same rights as Chadian citizens regarding education, healthcare and social protection. It also provides for the recognition of the refugee identity card as a residence permit.
On 25 April 2023, in the midst of significant arrivals from Sudan, the Transition President promulgated Decree No. 0648/PT/PM/MATDBG/2023 implementing the Asylum Law (Decret d’application de la loi d’asile n°0648/PT/PM/MATDBG/2023). This 2023 Decree establishes the measures to operationalize the provisions of the 2020 Asylum Law.
The Government of Chad has maintained an open-door policy for hosting and protecting people fleeing violence and persecution. The Chadian government has been swift to respond to the crisis. Just ten days after the conflict began in Sudan, the President of the Transition signed a decree implementing the 2020 Asylum Law to address the sudden refugee influx. This decree provides refugees with critical opportunities, such as: (i) Access to land and secure tenure, through integrated settlements as an alternative to refugee camps; (ii) Freedom of movement and the right to settle in locations that promote self-sufficiency and local integration; and (iii) Access to an identity card, which serve as residence permits and allow refugees to access public services.
Non-refoulement
rticle 36 of the 2020 Asylum Law guarantees protection against refoulement. The 2023 Decree also details specific provisions to ensure effective respect to the non-refoulement principles including Articles 51, 52 and 53. The Law also outlines legal provisions for cessation clauses, cancellation and revocation of refugee status, adhering to international refugee law standards. Over the past three years, there has been no documented case of refoulement involving a refugee or asylum-seeker, nor has there been any reported case of the unlawful termination of refugee status. Despite over half of arriving asylum-seekers lacking identity or civil registry documentation, there have been no issues reported regarding their admission to the territory.
Right to Stay in Chad
The new asylum legislation establishes predictable legal arrangements for the stay of refugees and asylum-seekers in Chad. Article 31 of the 2020 Law mandates the issuance of a refugee ID card by the competent authority. This card serves as both an authorization to stay in Chad and a residency permit, allowing freedom of movement for refugees within the conditions specified by Law. The second paragraph of Article 14 of the 2020 asylum Law stipulates that an asylum-seeker certificate is valid for six months and equivalent to an authorization to stay in Chad, is issued by CNARR and renewed until the Eligibility Sub Commission takes a decision on his/her refugee status.
Furthermore, Article 65 of the 2023 Decree specifies that refugees or asylum-seekers with a (provisional) residence permit have the right to reside and move within the Chadian territory, like Chadian nationals. This legislation aligns with previous practices, and there has been no change in the duration and legality of stay for refugees and asylum-seekers in Chad. In practice, renewals of asylum-seekers’ certificates and refugee identity cards by the authorities continue without difficulty. Over 80% of consulted asylum-seekers in 2021 reported no difficulties with the renewal of their asylum-seeker certificates.
Civil Documentation
Article 31 of the 2020 Law and Article 73 of the 2023 Decree outline that refugees are entitled by the competent authorities to be issued with civil status documents including birth certificates, death certificates and marriage certificates on par with nationals. Furthermore, the specific legal framework on civil status documents consists of the National Civil Status Code and Law No. 008/PR/2013 of 10 May 2013, governing civil status organizations in the Republic of Chad. Under Decree No. 660/PR/PM/MATSP/2015, establishing the modalities of application of the Law of 10 May 2013, all births in Chad are subject to a mandatory registration requirement. In line with this universal principle of civil registration, all foreigners, including refugees and asylum-seekers to whom vital events have occurred in Chad, are allowed to benefit from civil registry services on par with nationals. Additionally, Ordinance No. 002/PR/2020 on the organization of civil status in the Chad has extended the registration delay for births to three months. Despite the improved legal framework and the free issuance of birth certificates within the stipulated period, challenges in physically accessing civil registration centres, along with a persistent lack of awareness regarding legal obligations surrounding births, contribute to the overall low rates of birth registration in Chad.
Education
Article 21 of the 2020 Asylum Law specifies that every refugee or asylum-seeker in possession of individual documentation enjoys the right to education and vocational training under the same conditions as nationals. The same is reiterated by Article 65 of the 2023 Decree.
The Government of Chad has committed to providing refugees with access to quality education by integrating them into the national education system. This integration allows all refugees and asylum-seekers to enrol in primary, secondary, and higher education institutions, follow the Chadian curriculum, and obtain recognized diplomas.
Health
Article 21 of the Asylum Law stipulates that every refugee or asylum seeker is entitled to the right to health under the same conditions as nationals. During the prescribed period, Chad has developed a new National Health Development Plan for 2022- 2030, aiming to establish an integrated, efficient, resilient, and person-centered health system. This plan includes refugees and asylum seekers, ensuring their access to public health services on an equal basis with nationals. Refugees and asylum-seekers are also incorporated into national, provincial, and departmental health planning documents.
Social Protection
State social protection programmes are guaranteed to refugees and asylum-seekers under Article 21 of the 2020 Asylum Law. Article 33 of the Law specifies that refugees and asylum-seekers are entitled to the same treatment as nationals regarding assistance and public relief. Article 77 of the 2023 Decree reiterates the same.
Access to Justice
The new asylum legislation provides a robust legal framework for guaranteeing access to justice for refugees and asylum-seekers. This includes outlining specific provisions regarding legal assistance and judicial assistance to permit access to justice, legal representation and enforcement of ruling. It is important to consider this framework in conjunction with Law 021-PR-2019 on legal aid and judicial assistance, which was enacted in 2019, though not fully operational in absence of an implementing decree. Article 27 of the 2020 Asylum Law recognizes the refugee right to access Chadian Courts. The same provision also provides for treatment regarding access to judicial assistance on par with nationals and exempts refugees from providing a financial deposit to Courts applicable to ordinary foreigners.
Article 65 of the 2023 Decree further outlines that refugees and asylum-seekers enjoy access to Court on par with nationals. Additionally, the 2023 Decree outlines the rights of asylum-seekers and refugees to access judicial assistance and legal assistance in the conditions outlined by the law.
Access to Land
The 2020 Asylum Law and 2023 Decree grant refugees access to land and secure tenure, through integrated settlements as an alternative to refugee camps.
Bank Account
Article 61 of the 2023 Decree outlines that the Government of Chad prioritizes actions for refugees, among others, to access credits, microcredits, and subsidies, as well as to obtain the recognition of documents issued by competent authorities. Furthermore, following a workshop with banking and micro-credit institutions in Chad to disseminate the Asylum Law and its implication on the financial inclusion of the refugees in Chad, based on their socio-economic profile, the Ministry of Finance lifted the obligation imposed on banking institutions in the 2023 Finance Law to require a National Identification Number for the opening of accounts for refugees registered by the UNHCR. This allows refugees to open bank accounts with proof of registration as refugee.
Do refugees have access to documentation?
The new asylum legislation - specifically Article 31 of the 2020 Law and Article 73 of the 2023 Decree - provides for the issuance of refugee identity cards by the competent national authority. It outlines that the refugee identity card is valid for five years, renewable and is issued for each refugee of 18 years old and above. Despite this new asylum legislation, UNHCR continues to give substantial support to the Refugee Government counterpart, CNARR, including by issuing individual refugee cards to adults, family refugee attestations and household ration cards. Additionally, UNHCR continue to support CNARR to issue asylum-seeker certificates valid for six months and their renewal.
During the 2019 Global Refugee Forum, the Government of Chad committed, among other things, to issuing biometric Refugee Identity Cards and Machine-Readable Refugee Convention Travel Documents (MRCTDs) to meet international standards.
On 25 February 2025, the Minister of Public Security and Immigration presided over the launch ceremony of registration for the distribution of secure biometric identity cards to refugees, in accordance with Chad's commitment made at the Global Refugee Forum in December 2019. This initiative enables refugee inclusion in Chad’s Integrated Population Management and Secure Documents System. The biometric cards, featuring a unique identification number, will enhance the protection of refugees' fundamental rights, including freedom of movement, the ability to open a bank accounts, and access to essential social services
Do Sudanese refugees have the right to work?
Article 28 of the Asylum law in the Republic of Chad grants refugees the most favourable treatment afforded under similar circumstances to foreign nationals regarding the pursuit of gainful employment, whether salaried, non-salaried and/or self-employed. The same provision pursues that refugees shall be exempted from certain restrictive measures imposed by the prevailing regulations on the employment of foreigners. Additionally, Article 70 of the 2023 Decree stipulates that a refugee legally residing in Chad enjoys the same rights and standards of treatment as foreign nationals. Article 61 of the 2023 Decree specifically addressing local integration also guarantees the refugee right to access salaried or non-salaried employment to reach self-reliance.
Chad’s recent Asylum Law also grants refugees rights to land ownership, and lays the ground for refugees’ economic integration. By recognizing refugees as economic actors and investing in their productive capacities, Chad can harness their potential to contribute to the country’s development.
Do Sudanese refugees have freedom of movement?
In addition to the constitutional guarantee of freedom of movement, Article 21 of the Asylum Law confirms that refugees and asylum-seekers in possession of their identification documents enjoy the right to circulate and to reside in Chad in the same conditions as nationals. Furthermore, Article 73 of the 2023 Decree outlines that the refugee identity card allows the free movement of refugees in the conditions specified by the law. Additionally, Article 61 of the 2023 Decree specifically addressing local integration of refugees recognizes, as part of the perquisite to achieve self-reliance, among others, the freedom of movement and the right to settle in places favourable to their self-reliance.