He must be Ivorian by birth, born of a father and of a mother themselves Ivorian by birth. The discharge bill must be tabled in Parliament no later than one year after the implementation of the budget. Country Commercial Guide Doing Business in Cote d'Ivoire Market Overview Cote d’Ivoire - … The Mediator of the Republic may not be prosecuted, searched for, arrested, detained or tried in connection with opinions or acts performed by him in the exercise of his official duties. The laws can, before their promulgation, be deferred to the Constitutional Council by the President of the National Assembly or by one-tenth at least of the Deputies or by the parliamentary groups. If the absolute majority is not obtained in the first round, a second round is taken. The President of the Republic assures the execution of the laws and the decisions of justice. The President of the Republic can, by decree, delegate certain of his powers to the members of the Government. La Constitution ivoirienne est la loi fondamentale qui régit l’organisation et le fonctionnement des pouvoirs publics. Publié le : 13/11/2015 - 15:34 Le président ivoirien Alassane Ouattara, le mercredi 5 août. TITLE I Before their entry into force, the rules and their subsequent modifications are submitted to the Constitutional Council which declares on their conformity with the Constitution. He can be terminated in his functions, before the expiration of this time period, in case of incapacity declared by the Constitutional Council seized by the President of the Republic. The Deputies are elected by universal direct suffrage. In order to be taken into consideration, the draft law or proposal for revision must be voted on by an absolute majority of the members of the joint session. It respects all beliefs. Scholarly & peer-review only Full text only Exclude Newspapers Article 1 L'Etat de Côte d'Ivoire reconnaît les libertés, les droits et devoirs fondamentaux énoncés dans la présente Constitution et s'engage à prendre des mesures législatives ou réglementaires pour en assurer l'application effective. The State has the duty to safeguard and to promote the national values of civilization as well as the cultural traditions not contrary to the law and to good morals. The State of Côte d'Ivoire is an independent and sovereign Republic. The list of candidates with the highest number of votes is elected in the second round. If the Parliament does not reach a decision within a period of seventy days, the bill may be put into force by order. They apply to the public bodies, to any administrative, judicial, military authority and to any natural or legal person. Except for flagrante delicto or final conviction, no magistrate may be prosecuted, arrested, detained or tried in criminal or correctional matters without the authorization of the Superior Council of the Magistracy. Adopted at the Referendum of 23 July 2000. The functions of members of the Constitutional Council are incompatible with the exercise of any political function, of any public or elective office and of any professional activity. No Deputy can, out of session, be arrested without the authorization of the Bureau of the National Assembly except in cases of flagrant delicto, authorized prosecutions or definitive condemnations. During this public ceremony, he receives the attributes of his function and on this occasion delivers a message to the Nation. The first session begins the last Wednesday of April[;] its duration cannot exceed three months. The President of the Republic is not responsible for acts accomplished in the exercise of his functions and can only be brought before the High Court of Justice in the case of high treason. Detailed rules for the application of this Article are set forth in the law. The draft revising the Constitution, approved by referendum or by parliamentary procedure, is promulgated by the President of the Republic and published in the Official Gazette of the Republic of Côte d'Ivoire. The State of Côte d’Ivoire is an independent and sovereign Republic. The composition of rural land areas as well as the rules of ownership, surrender and transfer of holdings thereof are determined by the law. Before taking office, they take an oath on the Constitution before the President of the Constitutional Council, in the following terms: "I hereby undertake to perform my official duties well and faithfully, to discharge them with complete independence and impartiality with respect for the Constitution, to keep the secrecy of deliberations and votes, even after the termination of my official duties, to take no public position in the legal, political, economic or social spheres, to give no private consultation on matters within the competence of the Council Constitutional.". The right of Members of Parliament to vote is personal. The principle of the Republic of Côte d'Ivoire is the government of the people, by the people and for the people. Il s’engage à prendre toutes les … THE MEDIATOR [MEDIATEUR] OF THE REPUBLIC. harmonization of monetary, economic and financial policy; pooling of their own resources to ensure national defense; coordination of jurisdictional organization; cooperation regarding security and protection of persons and property; cooperation in the fight against serious crime and terrorism; cooperation in the fight against corruption and related offenses; cooperation in the fight against tax fraud and tax evasion; cooperation in higher education, scientific research and technological innovation; cooperation in the fields of education, technical education and vocational training; harmonization of rules concerning the statutes for public service and labor law; coordination of transport, communication and telecommunication; cooperation in environmental protection and management of natural resources. The Parliament is composed of the National Assembly and Senate. The President of the Republic is not held responsible for acts performed in the exercise of his official duties and appears before the High Court of Justice only in case of high treason. The Council of Ministers deliberates obligatorily: — on the decisions determining the general policy of the State; — on the bills of law, of the ordinances and of the regulatory decrees; — on the nominations to the superior offices [emplois] of the State, the listing of which is established by the law. Conscious of our independence and of our national identity, assume our historical responsibility before the Nation and humanity; Bearing in mind that the Côte d'Ivoire is, and remains, a land of hospitality; Taught by lessons from our political and constitutional history, desirous of building a Nation that is brotherly, united, in solidarity, peaceful and prosperous, and with a concern for preserving political stability; Taking into account our ethnic, cultural and religious diversity, and determined to build a multi-ethnic and multi-racial Nation on the principles of national sovereignty; Convinced that union with respect for this diversity ensures, through work and discipline, the economic progress and social well-being of everyone; Persuaded that political, ethnic, religious tolerance as well as forgiveness and cross-cultural dialogue constitute fundamental elements of pluralism contributing to the strengthening of our unity, to the reinforcement of the process of national reconciliation and to social cohesion; Affirm our commitment to respect for cultural, spiritual and moral values; Reminding everyone, and in all circumstances, of our irreversible commitment to defending and preserving the republican form of Government as well as the secular character of the State; Reaffirm our determination to build a Rule of Law in which human rights, public freedoms, human dignity, justice and good governance as defined in the international legal instruments to which the Côte d'Ivoire is a party, in particular the United Nations Charter of 1945, the Universal Declaration of Human Rights of 1948, the African Charter on Human and Peoples' Rights of 1981 and its supplementary protocols, the Constitutive Act of the African Union of 2001, are promoted, protected and guaranteed; Deeply attached to constitutional legality and to democratic institutions; Considering that democratic election is the means by which the people freely choose those who govern their country; Proclaim our attachment to the principles of multi-party democracy based on the holding of free and transparent elections, of the separation and balance of power; Disapprove of any undemocratic means of attaining or maintaining power; Condemn any unconstitutional change of government and declare that perpetrators of this crime be subject to the full force of the law; We pledge to promote regional and subregional integration, with a view to achieving African unity; Approve and adopt freely and solemnly before the Nation and humanity this Constitution as the basic Law of the State, whose Preamble is an integral part. The President of the Republic is the Supreme Head of the Armed Forces. The defense of the Nation and of the integrity of the territory is a duty for all Ivoirians. No member of the Constitutional Council can be, during the term of his mandate, prosecuted, arrested, detained or judged in [a] criminal or correctional matter without the authorization of the Council. During the term of the sessions, no member of Parliament can be prosecuted or arrested in a criminal or correctional matter without the authorization of the National Assembly, except in a case of flagrante delicto. He also terminates the official duties of the latter. Conscious of their liberty and national identity, of their responsibility before history and humanity; Conscious of their ethnic, cultural and religious diversity, and desirous to build one nation unified in solidarity and prosperous; Convinced that union with respect for diversity assures economic progress and social well-being; Profoundly attached to constitutional legality and to democratic institutions; Proclaims its adherence to the rights and freedoms as defined in the Universal Declaration of the Rights of Man of 1948 and in the African Charter of the Rights of Man and of Peoples of 1981; Expressing its attachment to democratic values recognized to all, the free people, notably: — The respect and the protection of fundamental freedoms, individual as well as collective. The State is committed to guaranteeing the specific needs of vulnerable persons. The initiative for the revision of the Constitution rests concurrently with the President of the Republic and the Members of Parliament. The President of the Constitutional Council is appointed by the President of the Republic for a non-renewable period of six years among persons recognized for their proven competence and expertise in legal or administrative affairs. TITLE V It judges the President of the Republic, the Vice-President of the Republic and members of the Government. To the same ends, the laws, before their promulgation, can be deferred to the Constitutional Council by the President of the Republic, the President of the National Assembly, any parliamentary group or 1/10 of the members of the National Assembly. The national emblem is the tricolor flag of orange, white and green in vertical bands and of equal dimensions. Cote d'Ivoire Constitution. The Bills or proposals of law and the Bills of ordinances can be submitted for [the] advice of the Constitutional Council. The President of the Republic is the guarantor of the independence of judicial power. Governing legislation for the purpose of ratification is subject to review by the Constitutional Council. The official duties of member of the Government are incompatible with the exercise of any public-sector employment and any professional activity. The State ensures the security of savings, capital and investment. The draft law or proposal for revision of the Constitution is filed simultaneously with the two houses of Parliament. On the proposal of the Prime Minister, the President of the Republic appoints the other members of the Government and determines their attributions. The wording [formule] of the oath is: “Before the sovereign people of Cote d’Ivoire, I solemnly swear and on my honor to respect and faithfully defend the Constitution, to protect the Rights and Freedoms of the citizens, to conscientiously fulfill the duties entrusted to me in the superior interest of the Nation. Access to public or private employment is equal for all. In the case of dispute, the Constitutional Council, seized [saisir] by the President of the Republic, or by one-quarter at least of the Deputies, decides in a time period of fifteen days counting from its seizing. The State and the Public Collectivities have the duty to see to the development of youth. No one has the right to take the life of another person. Only the two lists of candidates with the highest number of votes cast in the first round may be presented. The international commitments specified in Article 84 before their ratification, the organic laws before their promulgation, [and] the regulations of the National Assembly before their entry into application, must be deferred by the President of the Republic or by the President of the National Assembly to the Constitutional Council which pronounces on their conformity with the Constitution. Côte d’Ivoire: What does the new constitution mean for investors? The official duties of the Mediator of the Republic are incompatible with the exercise of any political function, any other public office and any professional activity. 1 These elections are happening a year ahead of schedule following on from the referendum that was held on a new constitution for the country on 30th October of this year. He terminates their official duties under the same conditions. When the referendum has concluded the adoption of the draft, the President of the Republic promulgates it within the periods set forth in Article 74 paragraph 2. The President of the Republic is elected for five years by universal direct suffrage. Yamoussoukro was officially named the new national capital in 1983, but austerity measures, civil conflict, and other factors have slowed the transfer of government functions, and Abidjan remains the de facto capital. The President of the Republic accredits the ambassadors and the envoys extraordinary to foreign powers; the ambassadors and the envoys extraordinary of foreign powers are accredited to him. Every Ivoirian citizen has the right to leave their country and return to it freely. He informs the Nation thereof by message. This time period is reduced to five days in case of urgency. It is committed to guaranteeing the access of vulnerable persons to healthcare services, education, employment, culture, sports and leisure. An organic law determines the number of members of the High Court of Justice, its responsibilities and rules of its functioning as well as the procedure followed before this Court. It also has an advisory function. Everyone is entitled to education and professional training. It argues that we are seeing the emergence … The State and public communities protect persons with disabilities against any form of discrimination. The National Assembly is convoked in extraordinary session by its President on a fixed agenda, at the demand of the President of the Republic or of that of the absolute majority of the Deputies. The draft budget bill is submitted first to the National Assembly. The Constitutional Council controls the regularity of the operations of the referendum and proclaims the results. President Alassane Ouattara signed a new constitution into law on Tuesday, casting it as the way to a peaceful future for Ivory Coast, which has emerged as … It takes the necessary measures to prevent the vulnerability of children, women, mothers, the elderly and persons with disabilities. The President of the Republic may consult the Economic, Social, Environmental and Cultural Council on any Economic, social, environmental and cultural problems. At the end of the period referred to in the second paragraph of this article, the ordinances may no longer be amended by the law in their provisions falling within the purview of legislature. Should the new President of the Republic, in turn, be prevented, for whatever reason, the official duties of the President of the Republic are exercised by the Government in the order of protocol. The State takes the necessary measures to ensure the collection of taxes, the fight against tax evasion and fiscal fraud. The National House of Kings and Traditional Chefs is the Institution regrouping all the Traditional Kings and Chiefs of Côte d’Ivoire. They are equal in rights and subject to the same obligations. The drafts of regulatory decrees may be submitted, by the President of the Republic, to the Council of State for its opinion before being examined by the Council of Ministers. It regulates conflicts of competence between the jurisdictions of these two orders. Under the circumstances, Parliament may adopt a resolution to make recommendations to the Government. An organic law determines the conditions of application of the provisions concerning the Superior Council of the Magistrature. Violence erupted at around 100 polling stations in Ivory Coast on Sunday as voters decided whether to approve a new constitution that President Alassane Ouattara … He is the guarantor of the national independence, of the territorial integrity, of the respect of international commitments. No territorial collectivity may exercise guardianship over another. Révision de la Constitution/Sansan Kambilé: ‘‘La Côte d’Ivoire a une tradition de révision par voie parlementaire’’ Par Hervé Adou. The Constitutional Council makes it decision within fifteen days. The Deputies receive an indemnity, the amount of which is established by a law. He ensures the continuity of the State. The people exercise their sovereignty by means of a referendum and by their elected representatives. Within forty-eight hours of the definitive proclamation of the results, the President of the Republic-elect takes the oath before the Constitutional Council meeting in solemn audience. However, the draft law or revision proposal is not submitted to referendum if the President of the Republic decides to submit it to Parliament. The President of the Republic is the exclusive holder of executive power. The President of the Republic is elected for five years by direct universal suffrage. three advisers, two of whom designated by the Presidents of the National Assembly and the Senate, nominated for three years by the President of the Republic; three councilors, one of whom designated by the President of the National Assembly, appointed for six years by the President of the Republic. The State and public communities must guarantee to everyone quality public service, meeting the demands of the public interest. (Côte d’Ivoire: la nouvelle Constitution créant la 3e République adoptée [Côte d’Ivoire: Adoption of New Constitution Establishing the 3rd Republic], RFI (Nov. 2, 2016).) He is assisted by the President of the Senate, who is the Vice-President of the Joint Session. Le président ivoirien, Alassane Ouattara a énuméré jeudi 05 mars lors d’un discours devant le parlement les trois grandes nouveautés de cette réforme constitutionnelle. The motto of the Republic is Union, Discipline, Work. He may not make use of articles 70, 75 and 177 of the Constitution. The elections of deputies and senators take place before the expiration of the powers of each house. If the Constitutional Council, called upon by the President of the Republic, the President of the National Assembly or Senate or by at least one-tenth of deputies or senators, has declared that an international treaty or agreement contains a clause contrary to the Constitution, authorization to ratify it may take place only after review by the Constitution. Slavery, human trafficking, forced labor, physical or moral torture, inhumane, cruel, degrading and humiliating treatment, physical violence, female genital mutilation as well as all other forms of degradation of a human being are prohibited. Focusing on these two cases, this article examines the changing practice of the UN Security Council. The Court of Cassation is the highest court of the judiciary. School attendance is compulsory for children of both sexes, under the conditions determined by law. The people exercise their sovereignty by way of referendum and by their elected representatives. The protection of the environment and the promotion of the quality of life are a duty for the community and for each natural or legal person. The National Assembly votes the law and authorizes tax. The candidate to the presidential election must be forty years of age at least and sixty-five years at most. He appoints the civil and military officers [emplois]. They promote their integration by facilitating their access to all public and private services. Côte d'Ivoire 2016 Page 5 Approve and adopt freely and solemnly before the Nation and humanity this Constitution as the basic Law of the State, whose Preamble is an integral part. Recently, the President of the The country's economy is well diverse. The President of the Republic negotiates and ratifies the treaties and international agreements. Every person has the right to a free and equal access to Justice. Constitution de la Côte d'Ivoire (in French) Constitution de la Côte d'Ivoire (in French) This page was last edited on 7 December 2020, at 23:48 (UTC). The syndical right and the right to strike are recognized to workers of the public and private sectors who exercise them within the limits determined by the law. The swearing-in of the President-elect of the Republic takes place on the second Monday in the month of December of the fifth year of the term of the President of the Republic in office. The responsibilities, organization and functioning of the Mediator of the Republic are determined by an organic law. The President of the Court of Cassation and the President of the Council of State are appointed by decree made in the Council of Ministers, after consultation with the Superior Council of the Magistracy. A law or provision contrary to the Constitution is null and void with respect to everyone. Perhaps most dangerously, this has … The bill or the proposal of revision is not presented to the referendum in all the other matters when the President of the Republic decides to submit it to the National Assembly. The Constitutional Council decides in a time period of fifteen days counting from its seizing. Marketing & Media trends. OF THE RELATIONS BETWEEN THE EXECUTIVE POWER AND THE Everyone has the right to respect for human dignity and to recognition as a person before the law. The State is committed to respecting the Constitution, human rights and public freedoms. Le 13/03/20 à 00:11. modifié 13/03/20 à 00:11 . amendments: proposed by the president of the republic or by Parliament; consideration … The President of the Republic determines and conducts the policy of the Nation. Before taking office, he takes the oath of office before the Constitutional Council, in a formal sitting. During the ordinary session, one session per month is reserved as a matter of priority for questions from members of each house of Parliament and replies from the President of the Republic. The opening of the Senate session takes place seven working days after that of the National Assembly and ends seven working days before the closure of the session of the National Assembly. Senators are elected, for two thirds, by indirect universal suffrage. Titre 1 ‐ Des droits, des libertés et des devoirs Art.1.‐ L’Etat de Côte d’Ivoire reconnaît les droits, les libertés et les devoirs énoncés dans la présente Constitution. Everyone has the right to choose their profession or employment freely. The candidate for the presidential election should be in possession of his civil and political rights and should be at least thirty-five years old. After the final proclamation of the results by the Constitutional Council, the President-elect of the Republic takes the oath of office, on the Constitution before the Constitutional Council, in a formal sitting. The voting for this second deliberation is decided by the absolute majority of the members of Parliament in office. They are heard at the demand of the commissions. … Yamoussoukro Basilica …Basilica, Roman Catholic basilica in Yamoussoukro, Côte d’Ivoire, that is the largest … The elected Vice-President of the Republic is sworn in, under the conditions set forth in the law, before the Constitutional Council, in a formal sitting. This Constitution, contrary to the first, indicates transitory dispositions in Article 76, which states that “the legislation currently in use in Côte d’Ivoire remains applicable until availability of new texts, if it does not contain anything contrary to the current Constitution”. Article 2 The human person is sacred. During the term of the ordinary session, one meeting per month is reserved by priority to the questions of the Deputies and to the responses of the President of the Republic. The composition, responsibilities, organization and functioning of the Court of Cassation and the Council of State are determined respectively by a law. The law determines the fundamental principles of the free administration of territorial communities, of their competences and their resources. They help the youth to integrate into active life by developing their cultural, scientific, psychological, physical and creative potential. Political parties and groups form and exercise their activities freely on the condition that they respect the laws of the Republic, the principles of national sovereignty and of democracy. The President of the Republic may, by decree, delegate some of his powers to the Prime Minister or to the member of the Government acting as interim on behalf of the latter. The National Assembly votes the balanced budget. du 11 janvier 2012 modifiant les articles 22,50, 95, 149 a 163 ter et complétant l'article 168 de la loi n° 99‐477 du 02 août 1999, portant modification du Code de Prévoyance Sociale Côte d'Ivoire Politics UN call for constitutional reform in Côte d'Ivoire. The Constitutional Council is [the] judge of the constitutionality of the law. The State is committed to protecting its maritime space, its waterways, its natural parks as well as its historic sites and monuments against any form of degradation. The conditions of recourse to the referendum and of designation of the representatives of the people are determined by this Constitution and by an organic law. The legislation currently in force in Côte d'Ivoire remains applicable, except for the intervention of new drafts, so long as it does not run counter to this Constitution. Supporters of Côte d’Ivoire’s opposition hold a placard as they protest during a political rally ahead of the referendum for a new constitution in Abidjan on October 22, 2016. Legally constituted human rights associations may also refer, to the Constitutional Council, before their promulgation, laws relating to civil liberties. The national anthem is the "Song of Abidjan" (l’Abidjanaise). Ordinances are made in the Council of Ministers after a possible opinion of the Constitutional Council. Anyone persecuted because of their political, religious, philosophical convictions or their ethnicity may have the right of asylum in the territory of the Republic of Côte d'Ivoire, on the condition that they conform to the laws of the Republic. The official language is French. The right of property is guaranteed to all. The law determines the fundamental principles of the free administration of the territorial collectivities, of their competences and their resources. The Court of Auditors supervises the management of accounts concerning Government services, national public institutions, territorial communities, independent administrative authorities and any body benefiting from financial assistance from the State or from another legal person governed by public law as well as from any other body benefiting from financial assistance from public enterprises and their subsidiaries and/or affiliates. The full account of the debates of each house is published in the Official Gazette of the Republic of Côte d’Ivoire. The election of the President of the Republic is acquired by an absolute majority of the suffrage expressed. The President of the Republic is the Supreme Head of the Armies. To be taken into consideration, the bill or the proposal of revision must be voted by the National Assembly with the majority of 2/3 of its members effectively in [their] functions. The State promotes and protects the cultural heritage as well as the habits and customs that do not run counter to public order and the accepted standards of behavior. The appropriation bill must provide the necessary revenues for complete coverage of expenditures. Upon their publication, treaties or agreements duly ratified have an authority superior to that of domestic laws, subject, with respect to each treaty or accord, to the exercise thereof by the other contracting party. It is prohibited to employ a child in an activity that puts them in danger or affects their health, their growth, as well as their physical and mental balance.