Constitution of Djibouti
 |
|---|
 Member State of the Arab League |
 Africa portal Politics portal |
The Constitution ofDjiboutiwas adopted on 4 September 1992 and amended in 2010.[1][2]The constitution is divided into 13 titles which together contain 97 articles.
Title 1 defines thestateand itssovereignty.Article 1 of theconstitutionordainsIslamas thestate religion,assures equality before the law, proclaimsdemocracyand sovereignty, and establishes theofficial languagesofFrenchandArabic.Article 2 establishes the capital ofDjibouti (city)and recognizes theFlag of Djibouti.Article 7 divides the government into three branches: anexecutive branch,alegislative branch,and ajudiciary.
Title 2 spells out the rights of the people, defininghumansas sacred. Article 10 bans thedeath penalty;guarantees the rights to life, liberty, and personal security and integrity; requires statutory justification for prosecution; establishes the principal of innocent until proven guilty; guarantees the right to an attorney; and forbids detention without a judicial order. Article 11 protects thefreedom of thought,thefreedom of conscience,and thefreedom of religion.Article 12 protectsproperty.Article 13 protectsprivacyincommunications.Article 14 guaranteesfreedom of movement.Article 16 protects thefreedom of speechandfreedom of the press,as well as the right to formlabor unionsand to go on astrike action.Article 16 prohibitstortureand establishes punishment for torture. Article 17 requires Djiboutian citizens to defend the nation. Article 18 offers equal protection to "regular foreigners." Article 19 requires the government to protect Djiboutian citizens' legitimate rights and interests abroad.
Title 3 spells out the rights and obligations of the executive branch. Apresidentserves as head of state.[3]The president is elected to a five-year term, must be solely of Djiboutian nationality, and be between the age of forty and seventy-five years old on the deposit of candidature.Re-electionis permissible.Electionstake place between 30 and 40 days before the end of the current president's term. The president must receive an absolute majority of votes cast; if this is not obtained in the first vote, arunoff electionis held between the top two candidates.
During a temporary vacancy in the presidency, theprime ministerfills the office. When the vacancy is permanent, the president of the paramount Court fills the office, with a new election taking place between 30 and 45 days after the determination of the vacancy (the President of the Supreme Court is ineligible to run in this new election). The President of the Republic is thecommander in chief,issuespardons,can submit any bill toreferendum,refers matters which he believes are unconstitutional to the Constitutional Court, is the head of state, and can issue emergency directives.
Title 4 establishes the Legislative Branch. The legislature is aunicameralParliamentnamed the National Assembly. The legislature is led by the prime minister who is the head of government. Its members are called Deputies. Deputies hold five-year terms and must be at least 23-years old. Any Djiboutian citizen of age (except certain government figures) may run for election to the National Assembly. Deputies enjoylegal immunity;the state must take extraordinary measures to prosecute a Deputy.
Title 5 establishes the relationship between the legislative and executive branches.
Title 6 governs international treaties and agreements, which are negotiated and signed by the President and ratified by the National Assembly.
Title 7 establishes the judiciary. Judges havelife tenure.The Court of Accounts has jurisdiction over public finances. There is also a Supreme Court, and there are other courts and tribunals. The Superior Council of the Magistrature governs judges and advises the President on judicial actions; the president presides over the Superior Council of the Magistrature.
Title 8 establishes the Constitutional Council, which wieldsjudicial review.There are six judges on the council, each holding non-renewable terms of 8 years. Two judges are each picked by the President, the President of the National Assembly, and the Superior Council of the Magistrature. The Council also oversees election disputes. This is acourt of last resort.
Title 9 establishes the High Court of Justice.
Title 10 establishes federal units of Djibouti, known as territorial collectivities.
Title 11 creates the position of the Mediator of the Republic.
Title 12 providesamendmentprocedure.
Title 13 promulgates the constitution.[1]
References[edit]
- ^ab"Djibouti's Constitution of 1992 with Amendments through 2010"(PDF).Constitute.Retrieved19 July2016.
- ^"Constitution of the Republic of Djibouti: September 4, 1992".Oxford University Press.Retrieved13 July2020.
- ^"Djibouti: Government >> globalEDGE: Your source for Global Business Knowledge".globaledge.msu.edu.Retrieved2016-10-31.