Chadian constitutional referendum, 1996
Encyclopedia
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. It was passed by 63.5% of voters with a 61% turnout.
had promised since his rise to power in 1990 to transit Chad to a multiparty democracy. Despite these promises, Déby slowed the process in an attempt to maintain full control over the process. This worried France
, Chad's former colonial power, as it noted that by 1995 only Chad had yet to hold multi-party elections. Putting pressure on Déby, he forced him to open on 6 January 1996 in Franceville
, Gabon
, a round table with the 15 armed groups and 58 opposition parties present in Chad.
The reconciliation conference resulted in a failure, as it soon foundered on procedural points and questions of representation, and, at a deeper level, due to the deep mistrust between Northern and Southern Chadians. All the same, the conference was proficous to Déby who used it to divide the opposition, according himself with those formations willing to put an end to armed confrontation with the government.
With a presidential decree on 6 March Déby established that the referendum would take place on 31 March. Despite a certain degree of administrative confusion with the assistance of the French garrison present in the country the referendum was carried out successfully. This did not avoid some abuses during the referendum campaign, such as the arrest by local authorities of the leader of the Ligue tchadienne des droits de l'Homme (LTDH) in Bongor
, who had asked a village headman to follow the indications of the Independent National Electoral Commission (CENI), which prohibited to campaign on the referendum day.
, mentioned the main criticisms moved towards the referendum's conduction. These centered on four points, concerning the inadequacy of the personnel encharged of the polling stations and the local electoral commissions, the absence of neutrality in the recruitment of said personnel, scarce respect of the electoral code during the count of votes and the unhomogeneous distribution of the referendum material.
The referendum was monitored by the Independent National Electoral Commission, controls the validity of the electoral rolls, guarantees over the distribution of the electoral material and over the nomination and formation of the presidents of the polling stations. The CENI is composed of 21 individuals, nominated in equal parts by the government
, the Conseil Supérieur de Transition (i.e. the provisional parliament) and the political parties. The CENI published on 8 April the provisional results of the referendum, which saw a victory for the "yes" by 61,46%, while the "no" took 38.54%, the latter obtaining a clear majority in 4 of the 18 Chadian prefectures, all collocated in southern Chad. These results were revised by the N'Djamena Court of Appeals, which replaces for the time being the Constitutional Council
and the Supreme Court
as the highest juridiction in Chad, as the latter have yet to be instituted. The court rejected a number of ballots for technicalities, raising the "yes" victory to 63.5%, which result it officially validated and made public on April 13. The Court also immediately proceeded to proclaim the Constitutional draft the new supreme law of the State, and the following day, on April 14, President Idriss Déby provided to promulgate it.
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...
on 31 March 1996 to approve or reject the new constitutional draft
Constitution of Chad
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...
meant to definitively replace the Transitional Charter established by the Sovereign National Conference in 1993. It was passed by 63.5% of voters with a 61% turnout.
Background
Chadian 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:...
had promised since his rise to power in 1990 to transit Chad to a multiparty democracy. Despite these promises, Déby slowed the process in an attempt to maintain full control over the process. This worried France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Chad's former colonial power, as it noted that by 1995 only Chad had yet to hold multi-party elections. Putting pressure on Déby, he forced him to open on 6 January 1996 in Franceville
Franceville
Franceville or Masuku is one of the four largest cities in Gabon, with a population of around 22,000 people. It lies on the River Mpassa and at the end of the Trans-Gabon Railway and the N3 road. It grew from a village named Masuku when Pierre Savorgnan de Brazza chose it to resettle former...
, 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...
, a round table with the 15 armed groups and 58 opposition parties present in Chad.
The reconciliation conference resulted in a failure, as it soon foundered on procedural points and questions of representation, and, at a deeper level, due to the deep mistrust between Northern and Southern Chadians. All the same, the conference was proficous to Déby who used it to divide the opposition, according himself with those formations willing to put an end to armed confrontation with the government.
With a presidential decree on 6 March Déby established that the referendum would take place on 31 March. Despite a certain degree of administrative confusion with the assistance of the French garrison present in the country the referendum was carried out successfully. This did not avoid some abuses during the referendum campaign, such as the arrest by local authorities of the leader of the Ligue tchadienne des droits de l'Homme (LTDH) in Bongor
Bongor
Bongor is a city in Chad, the capital of the region of Mayo-Kebbi Est. It is located on the eastern bank of the Logone River. During the rainy season , the Logone is navigable between Bongor and N'Djamena, Chad's capital...
, who had asked a village headman to follow the indications of the Independent National Electoral Commission (CENI), which prohibited to campaign on the referendum day.
Monitoring
The Agency for Cultural and Technical Co-operation of the Francophonie, in its report on the presidential electionsChadian presidential election, 1996
Presidential election were held in Chad on 2 June 1996, with a second round on 3 July. This was the first multiparty presidential election in the history of Chad since its independence. It occurred at the end of a long transitional process and was repeatedly delayed...
, mentioned the main criticisms moved towards the referendum's conduction. These centered on four points, concerning the inadequacy of the personnel encharged of the polling stations and the local electoral commissions, the absence of neutrality in the recruitment of said personnel, scarce respect of the electoral code during the count of votes and the unhomogeneous distribution of the referendum material.
The referendum was monitored by the Independent National Electoral Commission, controls the validity of the electoral rolls, guarantees over the distribution of the electoral material and over the nomination and formation of the presidents of the polling stations. The CENI is composed of 21 individuals, nominated in equal parts by 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 Conseil Supérieur de Transition (i.e. the provisional parliament) and the political parties. The CENI published on 8 April the provisional results of the referendum, which saw a victory for the "yes" by 61,46%, while the "no" took 38.54%, the latter obtaining a clear majority in 4 of the 18 Chadian prefectures, all collocated in southern Chad. These results were revised by the N'Djamena Court of Appeals, which replaces for the time being 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:...
and 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:...
as the highest juridiction in Chad, as the latter have yet to be instituted. The court rejected a number of ballots for technicalities, raising the "yes" victory to 63.5%, which result it officially validated and made public on April 13. The Court also immediately proceeded to proclaim the Constitutional draft the new supreme law of the State, and the following day, on April 14, President Idriss Déby provided to promulgate it.
Results
| Choice | Votes | % |
|---|---|---|
| For | 1,201,782 | 63.5 |
| Against | 700,362 | 36.5 |
| Invalid/blank votes | 88,525 | |
| Total | 1,990,669 | 100 |