TITLE XIII. OF THE AUTONOMOUS COLLECTIVITIES
Article 201
The Autonomous Collectivities of the Republic of Chad are:
- the provinces;
the communes.
Article 202
An organic law determines the number, the denominations and the territorial limits of these autonomous entities.
Article 203
The Autonomous Collectivities are endowed with moral personality. Their administrative, financial, patrimonial, and economic autonomy is guaranteed by the Constitution.
On the basis of the principle of subsidiarity, the Autonomous Collectivities have exclusive jurisdiction and competences divided with the State, within the conditions established by law.
The Autonomous Collectivities have at their disposal, within their respective jurisdictions and within their territorial responsibility, a regulatory power for the exercise of their duties.
The division of competences between the State and the Autonomous Collectivities is effected in accordance with the provisions of this Constitution and by the law in consideration of the local and national interests.
Article 204
The Autonomous Collectivities manage themselves freely by elected assemblies which govern by their deliberations the matters which are devolved to them by the Constitution and by the law.
The deliberations of the local assemblies are executory of full right upon their publication.
However, they may not violate constitutional, legislative, and regulatory provisions.
Article 205
The members of the local assemblies are elected by universal direct suffrage for a mandate of six (6) years renewable one time.
Article 206
The local Assemblies elect, from among themselves, executive organs for a mandate of three years renewable.
The executive organs are responsible before the local assemblies.
Article 207
The State assures the protection of the Autonomous Collectivities. No Autonomous Collectivities may exercise a protection over another.
The State is represented in the autonomous communities by the heads of the units deconcentrated administrative bodies, responsible for defending national interests and enforcing laws and regulations.
Article 208
Before the Autonomous Collectivities, the Governors of the provinces, the Prefects of a department and the Administrators delegated before the communes represent the central power.
In the name of the Government, they assure the application of the laws, implement the regulations and governmental decisions and exercise administrative control with respect for the principle of autonomy.
The Governors of the provinces, the Prefects of the departments and the Administrators delegated before the communes assist the Presidents of the provincial councils, of the communal councils and the Mayor of the city of N’Djaména, in the implementation of the plans and of the programs of development.
Under the authority of the ministers concerned, they coordinate the activities of the services devolved from the central administration and ensure their proper functioning.
Article 209
The State sees to the harmonious development of all the Autonomous Collectivities on the basis of national solidarity, of provincial potential and of inter-provincial balance.
Article 210
The Autonomous Collectivities vote and manage their budgets.
They are endowed with a local public function by which they recruit agents and administer the careers.
Article 211
The resources of the Autonomous Collectivities are constituted in particular by:
- the revenues of the tariffs and taxes voted on by the Assemblies of the Autonomous Collectivities and directly collected by them;
the part that is returned to them, of right, from the revenues of tariffs and taxes collected for the profit of State budget; the revenues of the endowments and the subsidies attributed by the State; the revenues of the loans contracted by the Autonomous Collectivities, either on the domestic market, or on the foreign market after the agreement of the national monetary authorities, with or without guaranty of the State; the gifts and bequests; the revenues of their patrimony; the percentage on the revenues of the resources of the soil and of the sub-soil exploited on their territory.
Article 212
The Autonomous Collectivities freely dispose of their resources.
They may receive all or part of the revenue of the taxes of all natures.
The fiscal receipts and the other resources proprietary to the Autonomous Collectivities represent, for each category of collectivity, a determinate part of the whole of their resources.
Any transfer of competences between the State and the Autonomous Collectivities is accompanied by the attribution of equivalent resources to those which should be consecrated.
Any creation or extension of competences having as a consequence the increase of expenditures of the Autonomous Collectivities is accompanied by resources.
The law establishes the implementation of these rules and provides for measures of equalization allocated to favor equality between the Autonomous Collectivities.
Article 213
The law provides for an autonomous measure of development for the benefit of the Autonomous Collectivities.
Article 214
When the participation of several Autonomous Collectivities is necessary for the realization of a project, the collectivities concerned agree to the modalities of their cooperation.
Article 215
The Autonomous Collectivities may constitute groups with the objective of making mutual means and programs.
Article 216
An organic law establishes:
- The rules relative to the juridical status, to the organization, to the operations and to the duties of the Autonomous Collectivities as well as their relations with the central power;
The conditions of democratic management of their affairs by the provinces and communes, the number of councilors, the rules relative to eligibility, to the incompatibilities and to the case of interdiction of accumulation of mandates, as well as the electoral regime and the provisions looking to assure a better participation of women and of the youth within these councils; The conditions of execution of the deliberations and the decisions of the provincial and municipal councils, conforming to the provisions of the Constitution; The exclusive competences and the competences divided with the State; The financial and accounting system of the provinces and the communes; The resources and the modalities of the development mechanisms of the collectivities; The conditions and the modalities of group constitutions; the provisions favoring intercommunal development; The rules of governance relative to proper functioning, to free administration, to control of the management of funds and programs, to the evaluation of actions and to the rendering of accounts.
