Chad: Treatment of revolutionary movement sympathizers by authorities along the border with Libya (2011-November 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Revolutionary Movements Along the Border with Libya

Information about revolutionary or rebel movements operating along the border with Libya during the relevant period was scarce among the sources consulted by the Research Directorate within the time constraints of this Response

In its Transformation Index 2016 report on Chad, which assesses the country's transition toward democracy and a market economy, the German research foundation Bertelsmann Stiftung states that there is a "lack of threats" from rebel movements along Chad's borders; "[n]onetheless, Chad continues to suspect that Libya is hosting Chadian rebels and training camps" (Bertelsmann Stiftung 2016, 1, 3, 37). The same source adds that "[f]ears that Chadian rebel groups might use the 2011 crisis in Libya to invade the country from the north did not materialize" (ibid., 6).

In a report published in 2011, the International Crisis Group describes the Movement for Democracy and Justice in Chad (Mouvement pour la démocratie et la justice au Tchad, MDJT) as being the "last active armed group in the extreme north of the country"; the MDJT signed a peace agreement with the government of Chad [in 2005 (DW 19 Aug. 2005)] (International Crisis Group 21 Oct. 2011, 2). For more information about the MDJT, please see Response TCD100538, posted in September 2005.

However, the report of the International Crisis Group notes that there are "residual elements" of the MDJT in the north, and that

peace is precarious in Tibesti [along the border with Libya]. The central government [of Chad] closely monitors any armed groups that might be hidden in the region's mountains waiting for a favourable opportunity to make an appearance. (ibid. 2, 11).

However, an April 2016 an article by Voice of America (VOA) Afrique announces that a [translation] "new" political-military "rebellion" known as the Front for Change and Concord in Chad (Front pour l'alternance et la concorde au Tchad, FACT), opposed to the government of Idriss Déby, had just been created in northern Chad (VOA Afrique with AFP 8 Apr. 2016). Similarly, an article published by the Chadian daily Le Visionnaire reports on the creation of FACT in April 2016 (28 June 2016). The VOA Afrique article describes the rebellion as [translation] "a dissident branch of the former Union of Forces for Democracy and Development (Union des forces pour la démocratie et le développement, UFDD), a movement founded by one of the most influential rebel leaders, General Mahamat Nouri" (VOA Afrique with AFP 8 Apr. 2016). FACT is allegedly led by Mahamat Mahdi-Ali, who claims that his movement has some 1,500 men at its disposal (Le Visionnaire 28 June 2016; VOA Afrique with AFP 8 Apr. 2016) at the border with Libya (ibid.).

On 22 April 2016, the French Christian newspaper La Croix reported that [translation] "initial fighting" had pitted FACT against Chadian soldiers in southern Libya. In June 2016, Le Visionnaire reported that, in the preceding days, Chadian soldiers had been deployed to the far north of the country [translation] "to prevent any advance by [FACT] rebels," who, according to the same article, "had increasingly been threatening the authorities in N'Djamena" since April (28 June 2016). Additional information on FACT or the treatment of its members by the authorities could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Treatment of Revolutionary Movement Sympathizers

Information on the treatment of sympathizers of revolutionary movements operating along the border with Libya during the relevant period was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

In correspondence with the Research Directorate, a lawyer practising in N'Djamena stated the following:

[translation]

Regarding the treatment of individuals seen as sympathizers of revolutionary movements by the authorities, it should be noted that the authorities essentially consider them to be participants in these revolutionary movements; consequently, their treatment does not differ from that of activists or members of these movements. (lawyer 2 Dec. 2016)

According to the lawyer, [translation] "there is a distinction with regard to the level of punishment meted out to sympathizers (forced labour of a limited duration or for life, depending on the case) and members of or activists in revolutionary movements (death penalty)" (ibid.). According to article 92 of the Chadian Penal Code (Code pénal tchadien), [translation] "participation in an insurrectional movement shall be punished by forced labour of limited duration. In the event of an armed insurrection, the punishment shall be forced labour for life. Individuals who used weapons shall be punished by death" (Chad 1967). Article 93 of the Code provides the following:

[translation]

Anyone who directed or organized an insurrectional movement or who, knowingly and intentionally, provided or procured weapons, munitions and instruments of crime or supplies, or who, in any way, provided intelligence to the directors or commanders of such a movement shall be punished by death. (ibid.)

According to the lawyer, [translation] "individuals accused of fundraising for [revolutionary movements] are seen in the same light as those who wilfully participated in these movements and, consequently, they are punished by death pursuant to article 89, paragraph 2, of the Chadian Penal Code" (lawyer 2 Dec. 2016). Article 89, paragraph 2, of the Chadian Penal Code states that

[translation]

[the death penalty] shall be applied to anyone who conducts the association, raises or is behind the raising, organizes or is behind the organization of gangs, or who, knowingly and intentionally, provides or procures supplies, weapons, munitions and instruments of crime, or who sends supplies to them, or who, in any other way, provides intelligence to the directors or commanders of gangs. (Chad 1967)

The lawyer added that individuals accused of fundraising for revolutionary movements [translation] "are also considered as having committed acts of terrorism within the meaning of article 20 of Law Number 034/PR/15 of 5 August 2015 on the suppression of terrorism (Loi numéro 034/PR/15 du 5 août 2015 portant répression des actes de terrorisme) and, consequently, are punished by the death penalty (lawyer 2 Dec. 2016).

According to article 20 of Law Number 034/PR/15 of 5 August 2015 on the Suppression of Terrorism:

[translation]

shall be punished by death anyone who, with the goal of financing acts of terrorism and by any means, directly or indirectly

1. provides and/or collects funds
2. provides and/or offers financial services (Chad 2015).

An original French-language copy of this law is attached to this Response.

Corroborating information concerning the information provided by the lawyer could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Bertelsmann Stiftung. 2016 "Chad Country Report." Bertelsmann Stiftung's Transformation Index (BTI) 2016. <> [Accessed 12 Sept. 2017]

Chad. 2015. Loi numéro 034/PR/15 du 5 août 2015 portant répression des actes de terrorisme. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. Sent to the Research Directorate by a lawyer practising in N'Djamena.

Chad. 1967 (amended in 1970). Ordonnance 67-012 1967-06-09 PR/MJ: Ordonnance portant promulgation d'un code pénal. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 6 Dec. 2016]

La Croix. 22 April 2016. Laurent Larcher. "Au Tchad, réélection sans surprise d'Idriss Déby." [Accessed 1 Dec. 2016]

Deutsche Welle (DW). 19 August 2005. "Tchad : Accord de paix avec le MDJT." [Accessed 1 Dec. 2016]

International Crisis Group. 21 October 2011. Africa without Qaddafi: the Case of Chad. Africa Report N°180. [Accessed 13 Sept. 2016]

Lawyer, N'Djaména. 2 December 2016. Correspondence with the Research Directorate.

Le Visionnaire. 28 June 2016. Murrow Issa Changengar. "Encore des bruits de bottes dans l'extrême nord du pays." [Accessed 1 Dec. 2016]

Voice of America (VOA) Afrique with Agence France-Presse (AFP). 8 April 2016. "Le 'FACT' nouvelle rébellion créée dans le nord du Tchad." [Accessed 1 Dec. 2016]

Additional Sources Consulted

Oral sources: Association tchadienne pour la non-violence; Association tchadienne pour la promotion et la défense des droits de l'homme; journalist and human rights activist; leader of the opposition in exile; Ligue tchadienne des droits de l'homme.

Internet sites, including: Alwihda Info; African Commission on Human and Peoples' Rights; ecoi.net; France - Cour nationale du droit d'asile; Freedom House; Human Rights Watch; Ialtchad.com; IHS Jane's; Internation Federation for Human Rights; IRIN; The Jamestown Foundation; Journal du Tchad; Lexadin; Makaila.fr; International Labour Organization - NATLEX; Political Handbook of the World; Reporters sans frontières; Small Arms Survey; Tchad Actuel; Tchadinfos.com; Tchadonline; United Nations - Refworld, ReliefWeb; United States - Department of State.

Attachment

Chad. 2015. Loi numéro 034/PR/15 du 5 août 2015 portant répression des actes de terrorisme. Sent to the Research Directorate by a lawyer practising in N'Djamena.