The Constitution of

Djibouti Djibouti, ar, جيبوتي ', french: link=no, Djibouti, so, Jabuuti officially the Republic of Djibouti, is a country in the Horn of Africa, bordered by Somalia to the south, Ethiopia to the southwest, Eritrea in the north, and the Red ...

was adopted on 4 September 1992 and amended in 2010. The constitution is divided into 13 titles which together contain 97 articles. Title 1 defines the

state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

and its

sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...

. Article 1 of the

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

ordains

Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...

as the

state religion A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular state, secular, is not n ...

, assures equality before the law, proclaims

democracy Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...

and sovereignty, and establishes the

official languages An official language is a language given supreme status in a particular country, state, or other jurisdiction. Typically the term "official language" does not refer to the language used by a people or country, but by its government (e.g. judiciary, ...

of French and

Arabic Arabic (, ' ; , ' or ) is a Semitic languages, Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C ...

. Article 2 establishes the capital of

Djibouti (city) Djibouti (also called Djibouti City and in many early English texts and on many early maps, Jibuti; so, Magaalada Jabuuti, french: link=no, Ville de Djibouti, ar, مدينة جيبوتي, aa, Gabuutî Magaala) is the eponymous capital of Dji ...

and recognizes the

Flag of Djibouti The national flag, national flag of Djibouti ( so, Calanka Jabuuti, ar, علم جيبوتي, french: Drapeau de Djibouti) is a horizontal flag bicolor with equal bands of light blue and light green, with a white, equilateral triangle at the hoist ...

. Article 7 divides the government into three branches: an

executive branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state. In poli ...

, a

legislative branch A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as ...

, and a

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

. Title 2 spells out the rights of the people, defining

humans Humans (''Homo sapiens'') are the most abundant and widespread species of primate, characterized by bipedalism and exceptional cognitive skills due to a large and complex brain. This has enabled the development of advanced tools, culture, ...

as sacred. Article 10 bans the

death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...

; 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 the

freedom of thought Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency by ...

, the

freedom of conscience Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency by ...

, and the

freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...

. Article 12 protects

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...

. Article 13 protects

privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of a ...

communications Communication (from la, communicare, meaning "to share" or "to be in relation with") is usually defined as the transmission of information. The term may also refer to the message communicated through such transmissions or the field of inquir ...

. Article 14 guarantees

freedom of movement Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights' ...

. Article 16 protects the

freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...

and

freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic News media, media, especially publication, published materials, should be conside ...

, as well as the right to form

labor unions A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...

and to go on a

strike action Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of employees to Labor (economics), work. A strike usually takes place in response to grievance (labour), employee grievance ...

. Article 16 prohibits

torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...

and 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. A

president President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

serves as head of state. 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-election The incumbent is the current holder of an office or position, usually in relation to an election. In an election for president, the incumbent is the person holding or acting in the office of president before the election, whether seeking re-ele ...

is permissible.

Elections An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has operate ...

take 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, a

runoff election The two-round system (TRS), also known as runoff voting, second ballot, or ballotage, is a voting method used to elect a single candidate, where voters cast a single vote for their preferred candidate. It generally ensures a majoritarian resul ...

is held between the top two candidates. During a temporary vacancy in the presidency, the

prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...

fills 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 the commander in chief, issues

pardons A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...

, can submit any bill to

referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...

, 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 a

unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multic ...

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

named 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 enjoy

legal immunity Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Su ...

; 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 have

life tenure A life tenure or service during good behaviour is a term of office that lasts for the office holder's lifetime, unless the office holder is removed from office for cause under misbehaving in office, extraordinary circumstances or decides personall ...

. 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 wields

judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...

. 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 a

court of last resort A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

. 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 provides

amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...

procedure. Title 13 promulgates the constitution.

References

External links

Constitution of Djibouti
{{Constitutions of Africa

Law of Djibouti