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CHAD
Assemblée nationale (National Assembly) PARLIAMENTARY OVERSIGHT

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Chapters:

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Unicameral
POLITICAL SYSTEM
Type of political regime presidential
Notes The President of the Republic is the Head of State, the President of the Council of Ministers, the Supreme Magistrate and the Commander in Chief of the armed forces.
Head of the executive President of the Republic
Notes The President is the guarantor of the Constitution and of the sovereignty of the State. He elects the Prime Minister and the head of the Government as well as the other members of the Government, on the advice of the Prime Minister. He appoints and replaces senior civil and military posts.
Method for appointing the executive The President of the Republic is elected by direct universal suffrage and appoints the Prime Minister by decree. The latter proposes a list of government members to the President who authorizes it likewise by decree.
Term of office of the executive and coincidence with the term of the legislature The term of office of the President of the Republic is five years while the parliament's is just four years. The President may re-elected without any limitation (Article 61 of the Constitution).
Incompatibility of the functions of member of the executive and member of Parliament Yes The incompatibility is prescribed in Article 105 of the Constitution. If the members of the Government are selected from among the parliamentarians, they quit when the decree of nomination is published. There is no trial period for the members of the Government.
Dissolution of Parliament Yes
  • Circumstances
 The parliament may be dissolved in the event of a constant crisis between the executive and the legislative branches, or if the National Assembly twice within one year brings down the Government (Article 83 of the Constitution).. In any cases, in the first year of his/her election and a year before his/her mandate expires, the President may not dissolve the National Assembly.
  • Modalities
 The President of the Republic may dissolve the parliament by presidential decree. Exercise of the right of dissolution is subjugated to the preliminary recommendation of the Prime Minister and the President of the National Assembly (Article 83 of the Constitution). The parliament meeting in joint session may extend its mandate by means of constitutional law. The National Assembly exceptionally extended its mandate under constitutional law No.005/pr/2001 of 28 February 2001.
ACCOUNTABILITY
Accountability of Government to Parliament Yes According to Article 97 of the Constitution, the Government is responsible before the parliament, in accordance with the procedures set out in Articles 137 and 138. This responsibility is collective.
Modalities of oversight
  • Oral and written questions of parliamentarians
 The Prime Minister, after deliberation by the ministers, may engage the responsibility of the Government before the National Assembly for its programme and possibly for a general policy statement. In the case of oversight of government action, questions give rise to debate in the parliament. Oral questions may give rise to recommendations being adopted or even to resolutions on Government premises. For written questions, the parliament settles for taking legal cognisance of the ministers' replies.
  • Government reports to Parliament
 Not applicable
Measures
  • Vote of confidence on Government programs and/or legislative proposals
 The Government may be interpellated at any time on current issues and issues of national interest to which it must reply. Interpellations may result in a motion of censure being adopted.
Motions of censure and votes of no confidence (sub-report)
  • Circumstances
 Government responsibility is engaged before the parliament by a motion of censure (Article 137.2 of the Constitution). A motion of censure may be tabled in the event of government action disapproval, violations of the Constitution and/or the law, as well as cases of human rights violations.
  • Modalites
 A motion must be tabled by at least one tenth of the members of the National Assembly (Article133 of the Constitution). The adoption of a motion of censure requires a simple majority of the members of the Assembly (Article 137.2 of the Constitution).
  • Consequences
 If the motion is adopted, the Prime Minister submits the Government's resignation to the President of the Republic (Article 137.2 of the Constitution). Between 1990 and 2000, three motions of censure were tabled, of which two were accepted during the transition (in 1993 and 1995), and one that was refused (in 2000). During the transition the motions were passed by the majority supporting the Government, while in 2000 it came from the opposition.
Dismissal and/or impeachment of Government and other public officials (sub-report)
  • Circumstances and persons concerned
 The power of impeachment is recognized in the parliament (Article 175 of the Constitution) for the Head of State, the head of the Government, the ministers, as well as for the senior officials, if they are a party to the members of the executive.
  • Modalites and procedure
 The indictment of the President of the Republic and the members of the Government is passed by a majority vote of two thirds of the members of the National Assembly. The High Court of Justice, which is composed of 10 deputies, two members of the Constitutional Council and three members of the Supreme Court, is authorized to institute judicial proceedings against individuals committed for trial.
  • Consequences
 Not applicable
  • Have these procedures been applied?
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
Oversight over the actions of the Government administration Yes The parliament exercises this control by means of committees of inquiry and control, via hearings before the committees, as well as by missions to the relevant governmnet sectors. Besides the questions, interpellations may also be addressed to the Government. However, only members of the Government intervene in the plenary.
Means and modalities of oversight
  • Hearings in Committees
 The parliament exercises control over the actions of the office administration by means of hearings before the committees.
  • Committees of inquiry and missions to Government departments
 During the course of 2000, the parliament created two committees of inquiry, one for managing the Chad Water and Electricity Society (STEE), and the other for telecommunications posts.
  • Oral and written questions of parliamentarians
 A parliamentarian may pose a single question to one minister. If the question concerns several ministers, he or she addresses it to the Prime Minister. Written questions may only be submitted during a session or when commission work is underway. The minister concerned must reply within fifteen days. One meeting a fortnight is reserved for oral questions during the parliamentary session. There is no set deadline for replying.
  • Role of Parliament in the appointment of senior Government officials
 Not applicable
  • Activity reports of the Government administration and of public services or establishments
 The finance bill must be accompanied by a handling account, which amounts to indirect control over the management of public services and establishments.
  • Representation of Parliament in governing bodies of the Government administration
The Chamber is represented on the executive boards of certain public establishments, such as the Petroleum Revenues Oversight Committee and the High Committee for the Settlement of Disputes between Pastoralists and Farmers.
Existence of an ombudsman Yes
  • Method for appointing the executive
 The Ombudsman is appointed by the executive to whom he or she is responsible.
  • Relationship to Parliament
He or she may have a collaboratory relationship with the parliament. For example, the parliament passes certain individual questions on to the Government, which the citizens have addressed to it.
BUDGETARY OVERSIGHT
Consultation of Parliament in the preparation of the national budget No The parliament is in no way consulted at the time of preparing the state budget.
Modalities of oversight
  • Examination of the budget / finance act by Parliament
 When the finance bill is being examined, the parliament questions the Government on the implementation of the preceding budget as a means of checking whether the budget has been duly executed.
  • Reports on the budget / finance act by Committees
 Before the Committee examines the finance bill, its members draw together from the various ministerial departments in order to check the state budget has been properly executed.
Fields overseen
  • Defence budget
 Not applicable
  • Budget of special departments
 Not applicable
  • Role of Parliament in national development plans
 The parliament only rarely intervenes in this domain. However, parliamentarians are invited to attend seminars and workshops dealing with economic issues.
Parliament's deadline for the examination and adoption of the budget / finance act The second session of the year, which officially opens on 5 October of each year, is called the budget session and lasts 90 days.
Consequences of failure by Parliament to adopt the budget / finance act Conforming to Article 129.6 of the Constitution, if the finance bill is not passed definitively when the 90-day deadline is up it may be implemented by ordinance. This ordinance must take into account the amendments passed by the parliament and accepted by the Government.
Budgetary autonomy of Parliament Yes The Assembly has relative administrative and budgetary autonomy (see law No 23/PR/99 of 30 December 1999). However, this budgetary autonomy is limited as the mechanisms pertaining to the financial and accounting management of this budget are submitted with prior approval of the finance controller responsible to the Minister of Finance.
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
Evaluation of Government spending
Parliament approves Government expenditures annually No Not applicable
Parliamentary oversight of public companies Yes Oversight of public companies is the responsibility of parliamentary inquiry commissions.
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
 It is the Chamber of Accounts of the Supreme Court whereof the parliament appoints seven of the 16 members (Article 153 of the Constitution).
  • Reports of the public auditor's office
 The Chamber of Accounts reports each year to the executive whereof the parliament is the addressee. Members of the parliament may pose questions to the Government on irregularities picked up in this report.
  • Specialised committee
 The parliament may exercise a certain control over the execution of the budget via the specialized committee and the Finance and Budget Committee.
OVERSIGHT OVER FOREIGN POLICY
Foreign Relations Committee (sub-report)
  • Functions of the Committee
 This Committee, as with all the permanent committees of the National Assembly, effects control over foreign policy.
  • Powers of the Committee
 Pas d'information
  • Composition of the Committee
 The composition of the Committee reflects the numerical strength of each party in the parliament.
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
 The parliament exercises oversight over foreign policy through bilateral visits and participation in inter-parliamentary conferences.
  • Plenary debates on foreign policy issues
 It is more on the basis of oral questions with a debate or a government interpellation on a specific question that such a debate takes place.
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
 Parliamentarians may participate in inter-governmental meetings at the Government's request.
  • Modalities and procedures for ratifying international treaties and agreements (sub-report)
 In practice, the Government always asks for authorization in the parliament for ratifying the text of an international treaty. The parliament is not bound by any deadline for declaring its authorization to ratify. The executive and the parliament alike may appeal to the Constitutional Council for its recommendation about the compliance of an agreement with the Constitution. An international agreement may in no case be integrated into internal juridical ruling if the parliament does not ratify it.
  • Other mechanisms for participation in foreign policy by Parliament
Constitutionally, foreign policy falls exclusively within the domain of the executive, in this case the President of the Republic. The parliament as such has no bearing over the conduct of foreign policy.
OVERSIGHT OVER NATIONAL DEFENCE POLICY
National Defence Committee (sub-report)
  • Functions of the Committee
 The Defence and Security Committee of the National Assembly theoretically participates in the control of national defence policy.
  • Powers of the Committee
 The above insofar as it may participate in the implementation of military cooperation agreements, defence agreements, the organization of military service and justice, and the reorganizing of security services and paramilitary forces.
  • Composition of the Committee
 The composition of the Commission reflects the numerical strength of each party in the parliament.
Parliamentary oversight of public arms manufacturing companies Not applicable
Circumstances and involvement
  • Modalities and procedures in case of war, an armed attack or a state of emergency
 In the event of a declaration of war, a state of emergency or recourse to armed aggression, the National Assembly, on the proposal of the Defence and Security Committee, pronounces at a two-thirds majority of its members the extending of the period of exceptional circumstances normally limited by the Constitution to 15 days (Article 87). Similarly the National Assembly's authorization must be acquired in the event of a declaration of war (Article 123 of the Constitution).
  • Role of Parliament in sending troops abroad
 Not applicable
  • Other mechanisms for participation in national defence policy by Parliament
 Foreign and national defence policy is determined by the executive, in this case the President of the Republic.
STATE OF EMERGENCY
Circumstances A state of emergency may be declared in the event of war, internal troubles or if there is a threat to territorial integrity and the implementation of the county's international commitments. It is the President of the Republic, after the consultation with the President of the National Assembly and the President of the Constitutional Council, who declares a state of emergency.
Can parliament take the initiative to declare a state of emergency No
Consequences of a state of emergency for Parliament The period of 15 days for a state of emergency may not be extended except on the recommendation of the National Assembly. If the parliament is not in session, it convenes when a state of emergency is declared. The President of the Republic may not dissolve the National Assembly during this period.
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
Modalities of oversight
  • Body ruling on the constitutionality of laws
Constitutional Council The Constitutional Council consists of nine members including three magistrates and six high-level jurists appointed in the following way: (i) one magistrate and two jurists by the President of the Republic, (ii) one magistrate and two jurists by the President of the National Assembly, and (iii) one magistrate and two jurists by the President of the Senate (Article165 of the Constitution). The mandate of the members of Constitutional Council is of nine years, not renewable. The Council is renewed by a third every three years. The members of the Constitutional Council are irremovable over the duration of their mandate, but must be of a recognized professional competence, morality and honesty.
  • Means and procedures
 The Constitutional Council is judge of the constitutionality of laws, treaties and international agreements. The Council takes up disputes regarding presidential, legislative and senatorial elections, monitors operations of referendums and proclaims their results, and is obliged to rule on the constitutionality of organic laws before their promulgation, and the rules of procedure of the Assemblies before their application. The Constitutional Council is the regulating organ of the functioning of institutions and activity of authorities and settles conflicts relating to the competences of the institutions of the State.

The Constitutional Council, at the request of the President of the Republic, the Prime Minister, and the President of the National Assembly, or at least one tenth of the National Assembly or Senate members, adjudicates the constitutionality of a law before its promulgation (Article 165 of the Constitution). No institutional law may be promulgated unless the Constitutional Council has spoken in favour of its conformity with the Constitution. A law that is deemed unconstitutional must return for a second reading before the parliament so that the unconstitutional provisions may be removed from it. If these provisions are removable, the law may be promulgated without these provisions.
Evaluation of laws No In the event of the non-application of laws, the parliament may assume a motion, sanction, censure or interpellation to control the Government's actions.
Measures

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