The Constitution of
Ivory Coast
Ivory Coast, also known as Côte d'Ivoire, officially the Republic of Côte d'Ivoire, is a country on the southern coast of West Africa. Its capital is Yamoussoukro, in the centre of the country, while its largest city and economic centre is ...
was approved by
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 ...
on October 30, 2016 and officially adopted on November 8, 2016.
Ivory Coast
Ivory Coast, also known as Côte d'Ivoire, officially the Republic of Côte d'Ivoire, is a country on the southern coast of West Africa. Its capital is Yamoussoukro, in the centre of the country, while its largest city and economic centre is ...
has had three constitutions in its history.
Previous Constitutions
1960 Constitution
On October 31, 1960, the National Assembly of Ivory Coast adopted the Constitution establishing an independent republic. Th
1960 Constitutioncalled for a strong, centralized presidential system with an independent judiciary and a national legislature.
As in much of the Ivorian political system, French influence weighed heavily in the preparation of the Constitution.
Félix Houphouët-Boigny
Félix Houphouët-Boigny (; 18 October 1905 – 7 December 1993), affectionately called Papa Houphouët or Le Vieux ("The Old One"), was the first president of Ivory Coast, serving from 1960 until his death in 1993. A tribal chief, he wo ...
and its other authors had received much of their formal political education and experience in France, and Houphouët-Boigny himself had served in successive French governments in the 1950s. Not unexpectedly, the 1960 Constitution was largely taken (often verbatim) from the 1958 constitution of the
Fifth Republic of France. Like its French counterpart, the Ivorian Constitution declares that all power derives from the people and is expressed through universal suffrage. It also mandates the separation of executive and legislative authority with limits on the power of the former.
[
In its preamble, the Constitution proclaims its dedication to liberal democratic principles and inalienable human rights as expressed in the 1789 ]Declaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolu ...
and the 1948 Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
. Under the rubric "Of the State and Sovereignty," the initial articles of the Constitution describe the symbols of the state—the flag, the motto, and the national anthem—and name French
French (french: français(e), link=no) may refer to:
* Something of, from, or related to France
** French language, which originated in France, and its various dialects and accents
** French people, a nation and ethnic group identified with Franc ...
the official language. Articles 3 through 7 delineate the fundamental rights and principles pertaining to Ivorian citizenship: universal suffrage, popular sovereignty, and equality before the law. Significantly, in light of the government's subsequent coercive support of a single political party, Article 7 of the 1960 Constitution formally allows a multiparty system.[
The first chapter of the Constitution directs that the government consist of executive, legislative, and judicial branches. The three subsequent chapters of the Constitution list the powers accruing to each. The Ivorian Constitution provides for a strong executive, although it couches the language of power in democratic terms. For example, in keeping with the articulated principle of popular sovereignty, the Constitution provides that the National Assembly shall vote laws and consent to taxes but then limits the assembly's power by specifying exactly the matters on which the legislature may act. Matters constitutionally excluded from the legislature's purview automatically fall within that of the executive and are dealt with either by decree or by regulation. The Constitution also stipulates that the executive and the National Assembly share the power to initiate legislation, but the pertinent article appears in the chapter dealing with executive—not legislative—responsibilities. In fact, for most of Ivory Coast's brief history as an independent republic, nearly all legislative programs have originated with the president and have been rubber-stamped by the assembly.][
The Constitution also calls for a separate judiciary. As with the legislature, however, the Constitution makes the judiciary subordinate to the individual who guarantees its independence, that is, the president. The Constitution neither establishes nor protects a judiciary independent of or opposed to the government. The Constitution does provide for the Supreme Court and a subordinate court system; nevertheless, it does not stipulate the exact structure of the judiciary, a task that officially was to be done by the National Assembly. In fact, the assembly simply approved the president's plan.][
The ninth chapter of the Constitution establishes the Economic and Social Council (Conseil Economique et Social), the purpose of which is to advise the president on matters pertaining to economic development and social change. The final two chapters provide procedures for amending and adopting the Constitution.][
The Constitution guaranteed most of the usual rights and freedoms. Among those not protected, however, were freedom of the press and assembly.
]
2000 Constitution
Following the bloodless coup of 1999, General Robert Guéï
Robert Guéï (; 16 March 1941 – 19 September 2002) was the military ruler of the Ivory Coast from 24 December 1999 to 26 October 2000.
Biography
Guéï was born in Kabakouma, a village in the western Man Department, and was a member of ...
formed a government of national unity and promised open elections. A new constitution was drafted and ratified by the population in the summer of 2000.
Ivory Coast's constitution of the Second Republic
2000 Constitution
provides for a strong presidency within the framework of a separation of powers. The executive is personified in the president, elected for a 5-year term. The president is the head of state and commander in chief of the armed forces, may negotiate and ratify certain treaties, and may submit a bill to a national referendum or to the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
. According to the constitution, the president of the National Assembly assumes the presidency for 45–90 days in the event of a vacancy and organizes new elections in which the winner completes the remainder of the deceased president's term. The president selects the prime minister, who is the head of government. The cabinet is selected by and is responsible to the prime minister.[
The unicameral National Assembly is composed of 225 members elected by direct universal suffrage for a 5-year term concurrently with the president. It passes on legislation typically introduced by the president, although it also can introduce legislation.][
The judicial system culminates in the Supreme Court. The High Court of Justice is competent to try government officials for major offenses. There is also an independent ]Constitutional Council Constitutional Council might refer to:
* Constitutional Council (Chad)
* Constitutional Council (France)
* Constitutional Council (Ivory Coast)
* Constitutional Council (Sri Lanka)
* Constitutional Council (Cambodia)
* Constitutional Council (Kaz ...
which has seven members appointed by the president that is responsible for, amongst other duties, the determination of candidate eligibility in presidential and legislative elections, the announcement of final election results, the conduct of referendums, and the constitutionality of legislation.[
Ivory Coast is divided into five levels of administrative subdivision, but these divisions are not written into the constitution. It is divided into 14 first-level ]districts
A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions o ...
, 31 second-level regions
In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics (physical geography), human impact characteristics (human geography), and the interaction of humanity and t ...
, 108 third-level departments, and 510 fourth-level sub-prefectures. By law, districts are to be headed by governors appointed by the central government; however, as of 2016, only two of the 14 districts have had governors nominated, so most of the districts have not yet become functional governmental entities. Each region and department is headed by a prefect appointed by the central government. Sub-prefectures are headed by sub-prefects, also appointed by the central government. In 2002, the country held its first departmental elections to select departmental councils to oversee local infrastructure development and maintenance as well as economic and social development plans and projects. Where needed, there are 197 fifth-level communes
An intentional community is a voluntary residential community which is designed to have a high degree of social cohesion and teamwork from the start. The members of an intentional community typically hold a common social, political, religious, ...
, each headed by an elected mayor.[
]
2016 Constitution
During the 2015 Ivory Coast presidential election, President Alassane Ouattara
Alassane Dramane Ouattara (; ; born 1 January 1942) is an Ivorian politician who has been President of Ivory Coast (Côte d'Ivoire) since 2010. An economist by profession, Ouattara worked for the International Monetary Fund (IMF)[First Ivorian Civil War
The First Ivorian Civil War was a civil conflict in the Ivory Coast (also known as Côte d'Ivoire) that began with a military rebellion on 19 September 2002 and ended with a peace agreement on 4 March 2007. The conflict pitted the government of ...]
and the Second Ivorian Civil War
The Second Ivorian Civil War broke out in March 2011 when the crisis in Ivory Coast escalated into full-scale military conflict between forces loyal to Laurent Gbagbo, the President of Ivory Coast since 2000, and supporters of the international ...
.
On June 1, 2016, President Alassane Ouattara
Alassane Dramane Ouattara (; ; born 1 January 1942) is an Ivorian politician who has been President of Ivory Coast (Côte d'Ivoire) since 2010. An economist by profession, Ouattara worked for the International Monetary Fund (IMF)[National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...]
on October 11, 2016 with a strong majority.
The proposed constitution had to be approved by a referendum, which was held on October 30, 2016. Based on provisional results given by the Independent Electoral Commission (CEI) on November 1, 2016, the proposed constitution was approved with 93.42% of votes.
The constitution includes many innovations.
Conditions of eligibility to the Presidency
Under the Constitution, a candidate must be "exclusively Ivorian, born of a father or of a mother Ivorian by birth".
In addition, the Constitution lowers the minimum age limit for presidential candidates to 35 years and abolishes the upper age limit, which is currently 75 years.
Executive
The President and Vice-President will run on a joint ticket (from 2020
2020 was heavily defined by the COVID-19 pandemic, which led to global Social impact of the COVID-19 pandemic, social and Economic impact of the COVID-19 pandemic, economic disruption, mass cancellations and postponements of events, COVID- ...
) and the latter would replace the former in case of death, resignation and any other vacancy. It is expected President Alassane Ouattara
Alassane Dramane Ouattara (; ; born 1 January 1942) is an Ivorian politician who has been President of Ivory Coast (Côte d'Ivoire) since 2010. An economist by profession, Ouattara worked for the International Monetary Fund (IMF)[Constitutional Council Constitutional Council might refer to:
* Constitutional Council (Chad)
* Constitutional Council (France)
* Constitutional Council (Ivory Coast)
* Constitutional Council (Sri Lanka)
* Constitutional Council (Cambodia)
* Constitutional Council (Kaz ...]
.
A constitutional revision announced by Ouattara before the 2020 presidential election, confirms the designation of the vice-president, appointed by the president with the consent of Parliament.
Senate
The 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 ...
will be composed of two legislative chambers: the National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
and a new Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. The Senate is expected to represent the interests of territorial collectivities and Ivorians living abroad. Two thirds of the Senate will be elected at the same time as the general election. The remaining one third will be appointed by the president elect. The two chambers share legislative functions and must approve all laws, including those relating to the budget. In case of persistent disagreement between the two chambers, the President of the Republic can request the Assembly to adopt definitively the law.
Bill of rights
The bill of rights strengthens the rights of vulnerable groups, particularly children, women and persons with disabilities. It makes the right to education compulsory for children, boys and girls. The prohibition of child labor further lays the background for the implementation of the right to education. The draft also requires the state to promote women's participation in public affairs, the modalities of implementation of which must be given effect in subsequent laws. Furthermore, the state should act to ensure gender equality in employment, and encourage women to occupy posts of responsibilities. Considering that the draft does not establish a specific organization dedicated to promoting women's rights, this will be a mission for the ministerial department in charge of women's affairs.
Rights to a healthy environment is also added. The preamble condemns any unconstitutional attempt to change government (including the 1999 coup d'état) or maintain power (including the 2010–11 Ivorian crisis
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. I ...
).
References
External links
Constitution de la Côte d'Ivoire
Constitution de la Côte d'Ivoire
{{Constitutions of Africa
Government of Ivory Coast
Law of Ivory Coast
Ivory Coast
Ivory Coast, also known as Côte d'Ivoire, officially the Republic of Côte d'Ivoire, is a country on the southern coast of West Africa. Its capital is Yamoussoukro, in the centre of the country, while its largest city and economic centre is ...