Djibouti Ambassador for Ethiopia and Rwanda


His Excellency

Mohamed Idriss Farah

Permanent Representative

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Constitution of the Republic of  Djibouti


TITLE I
STATE AND SOVEREIGNTY

ARTICLE 1 : The Djibouti State is a democratic republic, sovereign , one and indivisible.
It ensures for all the equality in front the law, without distinction of language, origin, race, sex or religion. It respect all believes.
Its motto is "Unity, Equality, Peace”.
Its principle is "government of the people, by the people and for the people”.
Its official languages ​​are "Arabic and French”.
ARTICLE 2 : The state capital is Djibouti .
The emblem of the Republic is the flag blue, green, white with a red five-pointed star.
The law determines the national anthem and the seal of the Republic.
ARTICLE 3: The Republic of Djibouti is composed of all persons recognized as members and who accept assignments, with any distinction of language, race, sex or religion.
National sovereignty belongs to the people of Djibouti who exercise it through their representatives or by way of referendum. Neither fraction of the people, nor any individual, isn’t able to assign its exercise. No one can’t, arbitrarily deprive his membership of the national community.
ARTICLE 4: The popular legitimacy is the foundation and the source of all power. It is expressed by equal and secret vote.
The executive and the legislative proceeds from popular vote or by authorities elected by it.
ARTICLE 5: All major Djibouti citizens, of both sexes, enjoying their civil and political rights are electors, under the conditions determined by law.
ARTICLE 6: Political parties contribute to the exercise of suffrage.
They form and use freely their activities in compliance with the Constitution, the principles of national sovereignty and democracy.
It is forbidden to identify with a particular race, ethnic group, gender, religion, sect, language or region. The formalities relating to the administrative declaration of political parties, exercise and cessation of their activities are determined by law.
ARTICLE 7 : Institutions of the Republic are:
The executive ;
The legislative ;
The judiciary.
Each of these powers assumes full responsibility for its powers and duties under conditions such as continuity and the proper functioning of republican institutions are provided.
ARTICLE 8 : Institutions of the Republic must allow normal and regular exercise of popular sovereignty and ensure the full development of civil rights and liberties.
ARTICLE 9: Institutions should ensure the participation of the Republic of regional and international organizations, in respect of the sovereignty to the building of peace and justice.

 

TITLE II
RIGHTS AND DUTIES OF THE HUMAN PERSON

 

ARTICLE 10: The human person is sacred. The State has the obligation to respect and protect it. All human beings are equal in front the law.
Everyone has the right to life, liberty, security and integrity of his person.
No one may be prosecuted, arrested, charged or convicted by virtue of a law promulgated prior to which he is charged.
Every defendant is presumed innocent until proven guilty by a competent court.
The right to defense, including the right to be assisted by counsel of his choice, is guaranteed at all stages of the procedure.
Any person subject to a deprivation of liberty has the right to be examined by a doctor of his choice.
No one shall be held in a prison on a warrant issued by a magistrate of the judiciary.
ARTICLE 11: Everyone has the right to freedom of thought, conscience, religion, worship and opinion in accordance with the order established by the law and regulations.
ARTICLE 12 : The right to property is guaranteed by the Constitution. There cannot be encroached upon in the case of legally established public necessity, subject to a fair and prior compensation.
The home is inviolable. There cannot be made home visits or searches in the form and conditions prescribed by law. Measures infringing the inviolability of domicile or restricting can only be taken to avert a common danger or protect persons in danger of death.
ARTICLE 13 : The secrecy of correspondence and other means of communication shall be inviolable. It can be ordered restrictions on this inviolability in law enforcement.
ARTICLE 14: All citizens of the Republic have the right to move and settle freely throughout the territory of the Republic. This right may be restricted by law.
No one shall be subjected to security measures except in cases provided by law.
ARTICLE 15 : Everyone has the right freely to express and disseminate his opinions in speech , writing and image . These rights are limited by the requirements of the laws and respect the honor of others.
All citizens have the right to freely form associations and unions subject to comply with the formalities prescribed by the laws and regulations.
The right to strike is recognized. It is exercised within the framework of the laws that govern it. It cannot in any way affect the freedom of labor.
ARTICLE 16: No one shall be subjected to torture or ill-treatment or inhuman, cruel, degrading or humiliating.
ARTICLE 17: The defense of the Nation and the territorial integrity of the Republic is a sacred duty of every citizen of Djibouti.
ARTICLE 18 : Any alien who is lawfully within the national territory enjoys, for his person and his property, the protection of the law.
ARTICLE 19 : The State protects the foreign rights and legitimate interests of Djibouti citizens.
ARTICLE 20 : The state authority is exercised by :
The President of the Republic and his government ;
The National Assembly ;
The judiciary.

 


TITLE III
THE PRESIDENT OF THE REPUBLIC

 

ARTICLE 21 : The executive power is exercised by the President of the Republic, who is also head of government.
ARTICLE 22 : The President of the Republic is the Head of State . He embodies national unity and ensures the continuity of the State. He is the guarantor of the national security, national independence, territorial integrity and respect of the Constitution, treaties and international agreements.
ARTICLE 23 : The President of the Republic is elected for six years by direct universal suffrage and majority vote system in two rounds. He is re-eligible only once.
ARTICLE 24: Every candidate, for the function of President of the Republic, must be Djiboutian nationality, to the exclusion of all else, enjoy his civil and political rights and be aged at least forty years.
ARTICLE 25: Presidential elections are held at least thirty days and forty days before the expiry of the term of Chairman
ARTICLE 26 : The law determines eligibility and nomination of voting, counting and announcement of results. It provides all necessary measures to ensure that elections are free and fair
ARTICLE 27 : The President of the Republic shall be elected by an absolute majority of votes cast . If this is not achieved in the first ballot, there shall within fifteen days of a second round. This second round is open only to the two candidates who obtained the highest number of votes.
If one of the two candidates withdraws, the ballot shall be open to the candidate coming in the order of the votes cast.
If within seven days prior to the deadline for submission of applications, one of the person with less than thirty days before this date, publicly announced his decision to be a candidate dies or becomes incapacitated, the Constitutional Council may decide postponement of the election.
If before the first round, a candidate dies or becomes incapacitated, the Constitutional Council decides to postpone the election.
In case of death or incapacity of one of the two candidates in the lead in the first round before any withdrawals, or one of the two candidates remaining standing after these withdrawals, the Constitutional Council will decide the recovery of the entire electoral process.
The writ is by decree of the Council of Ministers.
The Constitutional Council controls the regularity of these operations, rules on claims; announce the results of the election.
ARTICLE 28 : When the President of the Republic is temporarily unable to perform his duties, his acting is provided by the Prime Minister.
ARTICLE 29: In case of vacancy of the Presidency of the Republic for any reason whatsoever or permanent incapacity established by the Constitutional Council before the Prime Minister or the President of the National Assembly, the acting is provided by President of the Supreme Court, which may be a candidate for President during the interim.
During this interim, the government cannot be dissolved or altered. It can also be made ​​any modification or dissolution of republican institutions.
The election of a new President shall be held at least thirty days and forty five days after the official recognition of the vacancy or of the impediment.
ARTICLE 30 : The President of the Republic shall determine and conduct the policy of the nation. He has statutory authority.
ARTICLE 31 : The President of the Republic can send messages to the nation.
ARTICLE 32 : The President of the Republic is the supreme commander of the armed forces. It means the holders of the great commandments and corps commanders.
It confers the honors of the Republic. He exercises the right of pardon.
ARTICLE 33 : The President of the Republic may, after consulting the President of the National Assembly and the President of the Constitutional Council, submit any bill to a referendum.
ARTICLE 34 : The President of the Republic promulgates laws passed by the National Assembly within fifteen days from the date of transmission if it makes no demand for second reading by the said Assembly. He is responsible for their execution.
ARTICLE 35 : The President of the Republic seize the Constitutional Council when it considers that it is contrary to this Constitution. 
ARTICLE 36 : The President of the Republic shall ensure the execution of court decisions.
ARTICLE 37 : The President of the Republic negotiates and approves international treaties and agreements subjects to ratification by the National Assembly.
Treaties or agreements duly ratified, upon publication, had a superior authority to that of laws, subject authority, for each agreement or treaty, to its application by the other party and its compliance with the relevant provisions of the Law of Treaties.
Notwithstanding the preceding paragraph, the ratification or approval of an international agreement with a clause contrary to the relevant provisions of the Constitution can only be made after reviewing it.
ARTICLE 38 : The President of the Republic appoints and accredits diplomatic and consular representatives and envoys extraordinary to foreign powers. Ambassadors and envoys extraordinary to foreign powers accredited to him.
ARTICLE 39 : The law establishes the benefits granted to the President of the Republic and organizes procedures for granting pensions to former Presidents.
ARTICLE 40 : When the institutions of the Republic, the independence of the nation, the integrity of its territory or the fulfillment of its international commitments are under serious and immediate way and the regular functioning of the public authorities is interrupted the President of the Republic may , after consulting the President of the National Assembly and the President of the Constitutional Council and after having informed the nation with a message, take any measure to restore the proper functioning of government and safeguarding of the nation, to the exclusion of a constitutional revision.
The National Assembly meets right before it for ratification, within fifteen days of enactment of legislative measures implemented by the President. These measures will lapse if the ratification bill is not tabled before the National Assembly within the says period. Ratification, if it is rejected by the National Assembly, has no retroactive effect.

 

TITLE IV
GOVERNMENT

 

ARTICLE 41 : The President of the Republic shall be assisted in the performance of his duties by a government which are full members of the Prime Minister and ministers.
The Government is responsible for assisting and advising the President of the Republic in the exercise of its functions.
The President of the Republic appoints the Prime Minister, and on the proposal of the latter, appoints the other members of the Government. It defines their duties and terminates their duties.
ARTICLE 42 : The President of the Republic presides over the Council of Ministers. It must deliberate on :
Decisions determining the policy of the State;
Bills ;
Appointments to senior posts of the State of which the list is established under a law passed by the National Assembly .
ARTICLE 43 : The President of the Republic may delegate some of its functions to the Prime Minister, ministers and officials of the administration, in the framework of their respective powers .
ARTICLE 44 : The office of the President of the Republic is incompatible with the exercise of any parliamentary mandate, any public employment and professional activity. The quality of the Prime Minister or Minister is incompatible with any public or private employment.

 

TITLE V
THE NATIONAL ASSEMBLY

 

ARTICLE 45 : The Parliament is composed of a single Assembly, called National Assembly, whose members are the members of Parliament .
ARTICLE 46 : Members of the National Assembly are elected for five years by direct universal suffrage and secret ballot. They may be reappointed.
Eligible all Djiboutian citizens enjoying their civil and political rights, aged twenty-three years at least.
ARTICLE 47 : may not be elected members of the National Assembly during the course of their duties :
The President of the Republic;
Commissioners of the Republic, District heads and their deputies, heads of District of Djibouti ;
The Secretaries General of Government and Ministries ;
Judges ;
The state inspectors, labor inspectors and education;
Members of the Armed Forces and National Security Force ;
Commissioners and inspectors of the National Police .
ARTICLE 48 : An organic law determines the number of members, their benefits, eligibility, the system of ineligibility and incompatibility, the voting procedures, the conditions under which it is appropriate to hold new elections if Vacancies MPs.
The Constitutional Council shall decide in case of dispute the legality of the election of deputies and their eligibility.
ARTICLE 49 : Each member is the representative of the nation . Any imperative mandate is null .
An organic law may exceptionally authorize the delegation to vote. In this case, no one can act on behalf of more than one term.
ARTICLE 50 : The National Assembly is composed of all the representatives of the national community.
ARTICLE 51 : Members of the National Assembly shall enjoy parliamentary immunity.
No member shall be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the exercise of its functions.
No Member may, during the sessions, be prosecuted or arrested for a criminal or misdemeanor except in cases of red-handed, with the authorization of the National Assembly.
No Member may not in session, be arrested without the authorization of the Office of the National Assembly, except in cases of red-handed, authorized proceedings or final judgment.
Detention or prosecution of a deputy is suspended if the National Assembly require.
ARTICLE 52 : The National Assembly meets de facto in two ordinary sessions per year. The first regular session opens between March 15 and April 15, the second in November.
The duration of each regular session is two months. However, the office of the National Assembly may decide to extend a period not exceeding fifteen days to allow the examination of legislative proposals of parliamentary origin that could not be addressed during the regular session.
The Finance Act of the year is considered at the second regular session called budget session.
ARTICLE 53 : The National Assembly may be convened in extraordinary session on a specific agenda at the request of the President of the Republic, the Speaker of the National Assembly or at the request of a majority of MPs.
The duration of an extraordinary session shall not exceed fifteen days. The National Assembly soon separates the agenda is exhausted.
ARTICLE 54 : The President of the National Assembly is elected for the term of the legislature.
ARTICLE 55 : The National Assembly shall establish its rules of procedure. Procedure shall determine :
The composition, the rules of the office and the powers and prerogatives of the President ;
The number, method of appointment, composition, role and competence of its Standing Committee, as well as those special and temporary ;
The creation of parliamentary committees of inquiry under the control of government action ;
The process of questioning the government;
The disciplinary regime of Deputies;
The organization of administrative services under the authority of the President of the National Assembly, assisted by an Administrative Secretary-General ;
The different modes of voting, except those provided for by this Constitution expressly ;
In general , all rules aimed functioning of the National Assembly under its Constitutional authority .

 

TITLE VI
RELATIONS BETWEEN

 

THE LEGISLATURE
AND EXECUTIVE

 

ARTICLE 56 : The National Assembly holds the legislative power. The vote only law by a simple majority, subject to the provisions of Article 67.
ARTICLE 57 : The law establishes the rules :
At the organization of government;
At the division of powers between the state and local governments as well as the creation of offices , public institutions , companies or national companies ;
For the enjoyment and exercise of civil and political rights, nationality, status and security of people in the organization of the family, property ownership and inheritance rights and obligations ;
Fundamental guarantees granted to citizens for the exercise of public freedoms and constraints imposed by the national defense;
The electoral system ;
Fundamental guarantees granted to civil and military officials ;
the determination of crimes and offenses and penalties applicable to them , in the criminal proceedings , amnesty , the judicial system, the status of judges, judicial officers and legal professions and the organization the prison system ;
The general principles of education;
The fundamental principles of labor law , trade union rights and social security;
At the plate, the rates and methods of collection of taxes of all kinds , the issue of money, credit, banking and insurance system .
ARTICLE 58 : The materials other than those in the field of law under the Constitution belong to the regulatory authority.
Legislative texts in such matters as may be modified by decree if the Constitutional Council , at the request of the President of the Republic said that they are lawful under the preceding paragraph.
ARTICLE 59 : Legislative initiative belongs jointly to the President of the Republic and members of the National Assembly.
The President of the Republic and members have the right of amendment.
ARTICLE 60 : Proposals , plans and amendments that are not in the field of law is inadmissible. The inadmissibility is made ​​by the President of the National Assembly after deliberation by the office.
In case of dispute , the Constitutional Council, the President of the National Assembly or the President of the Republic decides within twenty days.
ARTICLE 61 : The Government periodically reports its action and its management in the National Assembly . The National Assembly has to exercise its rights to information and control of the following:
Oral or written questions ;
Parliamentary committees of inquiry ;
Arrests of government.
Annual debate on the state of the nation.
One session per fortnight is reserved primarily for members' questions to members of the government.
The process of questioning the government or one or more ministers can not intervene at the initiative of at least ten members . It is the subject of a special meeting , on a date fixed by the office of the Assembly.
The debate can be followed by a vote of the Assembly proposed by the authors of the resolution arrest .
At the opening of each session, the Prime Minister made ​​a report to the Assembly on the situation in the country , the achievements of the Government and the broad government policy. His speech was followed by a debate.
The Rules of Procedure of the National Assembly specifies the conditions for implementing these procedures.
ARTICLE 62 : The declaration of war is authorized by the National Assembly convened for this purpose . The President of the Republic shall inform the nation with a message.
The state of siege and state of emergency is declared in the Council of Ministers.
The extension of the state of siege or state of emergency beyond fifteen days may be allowed without the prior consent of the National Assembly.
ARTICLE 63 : Peace treaties , commercial treaties , treaties or agreements relating to international organizations , treaties involving the finances of the State, those relating to the status of persons , those with transfer, exchange or addition of territory cannot be ratified or approved by statute .
Ratification or approval of an international agreement containing a clause contrary to the provisions of the Constitution can only be made after reviewing it.
No transfer or addition of territory shall be valid without the consent of the people who say in a referendum.
ARTICLE 64 : The President of the Republic may , at its request, be heard by the National Assembly or send him messages. These communications cannot give rise to any debate in his presence.
ARTICLE 65 : Members of the government have access to sessions of the National Assembly. They agreed to the request of a member of a committee or at their own request.
ARTICLE 66 : The Laws of Finance determines the revenue and expenditure of the State.
Review laws control the enforcement of Finance, subject to subsequent clearance of the accounts of the nation by the Accounts Chamber of the Supreme Court.
Laws program set goals of economic and social activity of the State.
ARTICLE 67 : The laws which the Constitution confers the status of organic laws may be adopted by an absolute majority of the members of the National Assembly and cannot be promulgated until the Constitutional Council declaration of conformity with the Constitution.
ARTICLE 68 : The agenda of the Assembly shall be determined by the Conference of Presidents consists of the President of the Assembly, the Vice- Presidents of the Office of the Assembly, the Chairmen of the Committees and the General Rapporteur of the Commission of Finance.
A Government representative participates in the conference.
Can be placed on the agenda of the Assembly that the text within its jurisdiction under Article 57
The agenda includes, in priority order and the government, to the discussion of bills and legislative proposals he accepted. It can not be changed.
It is urgent if it is demanded by the government.
ARTICLE 69 : Legislative proposals or amendments that would have the effect , if adopted , a decrease of public resources or the worsening of public burdens without corresponding reduction in other expenses or creating new recipes for equal importance, are inadmissible.
ARTICLE 70 : The Finance Act determines the revenue and expenditure of the State.
The National Assembly has before it the draft Finance Act of the Year ( State Budget ) at the opening of the regular session before the budget period and in any case before 15 November. Bill of Finance should provide the revenue needed to cover the full costs.
The Finance Bill must be passed no later than the first reading within thirty-five days after deposit. In case of rejection or amendment, a second reading may be requested.
If the budget is not adopted before January 1, the President of the Republic is authorized to extend the budget of the previous year provisional twelfths.
The budget may be adopted in plenary.

 


TITLE VII
THE JUDICIARY

 

ARTICLE 71 : The judiciary is independent of the legislature and the executive. It is exercised by the Supreme Court and other courts.
The judiciary enforces the rights and freedoms set forth in this Constitution.
ARTICLE 72 : The judge only obeys the law. As part of its mission, it is protected against any form of pressure likely to interfere with his free will.
Judges are irremovable.
ARTICLE 73 : The President of the Republic is the guarantor of the independence of the judiciary. He is assisted by the Higher Judicial Council he chairs.
The Superior Council of the Judiciary ensures the management of the careers of judges and gives its opinion on any question concerning the independence of the judiciary. It shall as a disciplinary board for judges .
An organic law determines the composition, operation and functions of the Supreme Judicial Council and the status of the judiciary, in accordance with the principles contained in this Constitution.
ARTICLE 74 : No one shall be arbitrarily detained. The judiciary as the guardian of individual liberty , ensures compliance with this principle as provided by law.

 


TITLE VIII
COUNCIL Constitutional

 

ARTICLE 75 : The Constitutional Council ensures compliance with Constitutional principles. It controls the constitutionality of laws . It guarantees the fundamental rights of the human person and public freedoms.
It is responsible for regulating the functioning of institutions and government activity.
ARTICLE 76 : The Constitutional Council consists of six members whose term of office is eight years and is not renewable . They are designated as follows:
Two appointed by the President of the Republic;
Two appointed by the Speaker of the National Assembly;
Two appointed by the Supreme Judicial Council.
It is renewed by half every four years.
The President of the Constitutional Council is appointed by the President of the Republic from among its members. It has a casting vote in case of a tie.
Former Presidents of the Republic are ex officio members of the Constitutional Council.
Members of the Constitutional Council shall enjoy immunity granted to members of the National Assembly.
Members of the Constitutional Council must be older than thirty-five years of age and be selected primarily from among jurists of experience.
ARTICLE 77 : The Constitutional Council shall ensure the regularity of all elections and referendum operations and announce the results. It examines the claims and decides on them.
The Constitutional Council is seized in the event of dispute the validity of an election by any candidate and political party.
ARTICLE 78 : Organic laws , before their promulgation, and the Rules of Procedure of the National Assembly before its implementation , must be submitted to the Constitutional Council to rule on their conformity with the Constitution.
ARTICLE 79 : For the same purpose , laws can be referred to the Constitutional Council, before their promulgation by the President of the Republic, the Speaker of the National Assembly or ten deputies .
Referred to the Constitutional Council by the President of the Republic must be completed within six days of the delivery made ​​to him of the law finally adopted ; referral by the President of the National Assembly or Parliament must take place within six days of the final adoption of the law.
In the cases mentioned in the two preceding paragraphs, the Constitutional Council must rule within one month. However, at the request of the President of the Republic, in case of emergency, this period is reduced to eight days. In these cases, referral to the Constitutional Council suspend the period of enactment.
A provision declared unconstitutional may not be promulgated or implemented.
ARTICLE 80 :The provisions of the Act concerning the fundamental rights of any person under the Constitution may be submitted to the Constitutional Council by way of exception in the course of proceedings pending before a court .
The unconstitutionality may be raised by any litigant before any court.
The court must stay proceedings and refer the case to the Supreme Court. The Supreme Court has a period of one month to dismiss the objection if it is not based on a serious way or otherwise, refer the matter to the Constitutional Council acting within one month.
A provision declared unconstitutional on the basis of this Article shall cease to apply and cannot be applied to procedures.

 


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