On 23 December 2020, Chad adopted its first asylum law to protect the almost 500,000 refugees living in the country. The new law guarantees refugees’ right to work, to move freely in the country, and to access healthcare, education, and justice. The legislative move makes Chad the first country in Central Africa to honour its pledge at last year’s Global Refugee Forum to improve the social and economic conditions of refugees.
THE NEW ASYLUM LAW
Chad now hosts around 480,000 refugees. Most live along the border with Sudan. Chad hosts the largest community of Sudanese refugees.. Between December 2019 and January 2020, around 16,000 new Sudanese refugees crossed the border into eastern Chad, fleeing inter-ethnic violence in Darfur. Additionally, there are a significant number of refugees in the South, on the border with the Central African Republic (CAR). According to the UNHCR, over 22,000 refugees arrived from the CAR in 2018 and more than 4,500 from Nigeria in 2019.
The new asylum law will have a positive impact on the lives of these refugees and asylum-seekers by guaranteeing the same level of security and legal protection afforded to locals. Refugees are now permitted to move freely within Chad without restriction, and have a right to apply for permanent residency. The law also provides for a right to access public health services, education, and the courts. Asylum-seekers and refugees will have the right to work and practice their religion without government interference.
Reflecting African family values, the new law recognises a broad right to family reunification, not limited to the nuclear family As part of its pro-family programme, access to public education will be extended to refugee children, who were previously excluded. Refugee children can now obtain certificates confirming educational attainment that will be recognised throughout Chad. Chad is also piloting the Comprehensive Refugee Response Framework, which incorporates refugee schools into the national education system, according to the United Nations High Commissioner for Refugees (UNHCR).
CHAD LEADS REGIONAL EFFORTS TO INTEGRATE REFUGEES
The UNHCR has commended Chad for being the first country in the region to honour the pledge made during last year’s Global Refugee Forum. The UNHCR has applauded Chad's efforts to keep its borders open to refugees. Despite the immense economic, political and environmental problems the country faces, Chad has shown itself to be supporting and of refugees and committed to helping them become self-reliant. The new asylum law meets the international standards enshrined in the 1951 Refugee Convention and the protocol to that convention, as well as the 1969 OAU Convention on Refugees. This is a pivotal moment in Chad’s mission to meet its eight pledges, made in 2019 to protect refugees and integrate them peacefully into Chadian society.
To enforce their rights, refugees will be issued documents to confirm their refugee status. However, while the position of refugees at law has been improved greatly by this law, the practical hurdles in front of refugees will continue to hold them back from fully integrating into Chadian society.
There are many refugees facing the risk of sexual and gender-based violence. Refugees face limited access to land resources, poor water management, and lack of good healthcare. A lack of information will ultimately restrict many refugees from seeking to access the rights they now enjoy on paper. Chad must take steps to put structures in place for the new asylum law to succeed:
(1) ensure the change of law is published both inside and outside the refugee camps,
(2) ensure that special needs of women and children are duly included, and
(3) the provide proper oversight and enough funding for the law to function effectively.
It is vital that Chad ensures safe, dignified treatment of refugees from registration and to provision of services. If it does so, then Chad will continue to be a role-model to other countries in the region.
Mary is currently undertaking the Bar Professional Training Course at BPP Law School. She holds an LLM from Queen Mary, University of London. Mary has a particular interest in international human rights, criminal and social justice issues.