A/HRC/12/5*
possible in 1993 to hold a Sovereign National Conference, in which the various political
and social classes were able to express their views and take important decisions. A Higher
Council of Transition and a broad national-unity Government were set up, and a National
Human Rights Commission was established in 1994 to deal with all the violations and
provide advice and recommendations to the Government on all human rights issues. A
review of the enactments setting up the Commission is planned in order to bring it into line
with the Paris Principles.
8.
The delegation adds that a Constitution was adopted by referendum on 31 March
1996. It guarantees respect for human rights and all the fundamental freedoms embodied in
international legal instruments. Free and democratic presidential elections took place in
1996, and free and democratic legislative elections in 1997. The delegation states that other
national institutions were progressively established thereafter, including the Supreme Court,
the Constitutional Council, the High Court of Justice, and the High Council for
Communication and the Office of the Ombudsman. The creation in 2005 of a separate
ministry responsible for human rights, whose scope was widened in 2008 to include the
promotion of freedoms, is evidence, if needed, that the President of the Republic, His
Excellency Mr. Idriss Deby Itno, and the Government are fully determined to give concrete
expression to the defence and protection of human rights.
9.
According to the delegation, the Government’s efforts, and those of politicians and
civil society, have been affected by the Darfur crisis, which began in 2003 with a massive
influx of displaced persons and refugees, intercommunity conflicts and incursions by the
Janjaweed and armed groups, which eventually led to attacks on N’Djamena in April 2006
and February 2008. These various crises once again gave rise to human rights violations, in
response to which the Government declared a state of emergency to halt the serious
disruptions of public order resulting from the lack of security in the six regions affected by
the disturbances and in the city of N’Djamena. This measure, which was dictated by
circumstances and in force for a limited period, allowed public and constitutional order to
be re-established.
10.
The delegation reports that in order to shed light on the serious human rights
violations that occurred during these events, the Government set up a commission of
inquiry, composed primarily of representatives of civil society and international observers.
The commission has reached its conclusions, which will serve as a basis for initiating a
judicial investigation to determine responsibility. A technical follow-up committee has been
set up to monitor the recommendations made by the commission.
11.
The delegation reports that the importance attached by the Government to public
health issues led it, in 1999, to adopt a law establishing a system of community
participation in health costs and, in 2000, a pharmacy law. However, it should be noted that
the strategies in place far from cover the ever-growing health needs of the population of
Chad.
12.
Concerning the right to education, the delegation states that, in accordance with its
means, the Government does its best to provide teachers’ salaries. However, it notes the
lack of adequate infrastructure and the fact that teachers are poorly trained (62 per cent lack
vocational training). Free and compulsory schooling is guaranteed under article 35 of the
Constitution and secondary education is universal and accessible to everyone throughout
the country. Technical and vocational education, on the other hand, is not. The delegation
emphasizes that efforts are being made to make higher education fully accessible for all
students with a school-leaving certificate and notes the lack of university teaching staff.
The socio-economic situation of students is currently being re-evaluated in order to find the
best ways of promoting higher education.
4
GE.09-16375
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