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5The Sovereign People of Mali, fortified by their traditions of heroic struggle, committed to remain faithful to the ideals of the victims of repression and the fallen martyrs killed in battle for the advent of a nation of law and of pluralist democracy,
7-solemnly engage to defend the republican form and secularity of the State, -proclaim their determination to defend the rights of women and children as well as the cultural and linguistic diversity of the national community, -reaffirm their determination to maintain and to consolidate the national unity, -commit themselves to assure improvement to the quality of life, the protection of the environment and of the cultural heritage, -subscribe to the Universal Declaration of the Rights of Man of December 10, 1948 and to the African Charter of the Rights of Man and the People of June 27, 1981, -reaffirm their attachment to the formation of the African Union, to the promotion of peace, to regional and international cooperation, to peaceful resolutions of the differences of opinion among states in respect to justice, equality, liberty and the sovereignty of the people.
14No one will be put to torture, nor to inhumane, cruel, degrading, or humiliating treatment. Each individual, each agent of the State who is found guilty of such acts, either on his own initiative, or by another’s command, will be punished at law.
27Punishment is individual No one may be pursued, arrested or charged in violation of a law promulgated after the fact. All accused are presumed innocent until their guilt may be established by a competent court. The right to a defense, which includes assistance by a lawyer of choice, is guaranteed from the outset of interrogation.
29Any person who objects to an action to deprive them of liberty has the right to be examined by a doctor of their choice. One may only be detained for more than forty-eight hours as a result of a decision motivated by a Magistrate of the court.
46Every citizen has a right to education. Public education is mandatory, free, and non-religious. Private education is recognized and it must be carried out according to the conditions defined by law.
48The rights to employment and furlough are recognized and shall be equal for all. Every citizen has a duty to work but one may only be restricted to specific employment in the case of fulfillment of a service of exceptional public interest, equal for all according to the conditions defined by law.
61Mali is an independent, sovereign, indivisible, democratic, secular, social Republic. Its principle is to be a government of the People, by the People and for the People. The institutions of the republic are: -The President of the Republic;
62-The Cabinet; -The National Assembly; -The Supreme Court; -The Constitutional Court; -The High Court of Justice; -The High Council of Territorial Collectives; -The Economic, Social and Cultural Council. The National emblem shall be composed of three equal vertical stripes of green, gold and red. The motto of the Republic is "One People – One Purpose – One Faith" (Un Peuple – Un But – Une Foi). The National Anthem is "LE MALI". Law will determine the Seal and the Coat of Arms of the Republic. French is the official language. Law will determine the method for making official and promoting national languages.
64The Sovereignty of the nation belongs entirely to the People, who shall exercise it through their representatives or by vote of referendum. No faction nor any individual may exclusively claim this exercise of sovereignty.
69The political parties shall concur as to the expression of suffrage. They may form and exercise their activities freely within the conditions determined by law. They must respect the principles of national sovereignty, democracy, integrity of the territory, national unity, and the secularity of the State.
72The President of the Republic is the Chief of State. He is the guardian of the Constitution. He embodies the national unity. He is the guarantor of national independence, territorial integrity, and respect for international Treaties and Accords. He keeps watch over the regular functioning of public authority and assures the continuity of the State.
80The law shall determine the procedure, conditions of eligibility and presentation of the candidacy for Presidential elections, development of the election system, counting of ballots, and proclamation of results. The law shall lay out all the required elements so that elections are free and in order. The President of the Republic shall be elected by absolute majority of cast votes. If no absolute majority can be obtained after the first round of votes, a second round shall be held, the second Sunday following. This second round is open only to two candidates determined by the largest number of votes.
81If one of the two candidates withdraws, the ballot shall be open to the next candidate coming in order of cast votes. If, in the seven days preceding the deadline for the declaration of candidacy, one of those, less than thirty days before such date, who has announced publicly his decision to be a candidate, decides not to or finds himself unable to continue, the Constitutional Court shall declare a postponement of the election.
82If, before the first round of ballots, one of the candidates decides not to or finds himself unable to continue, the Constitutional Court shall declare a postponement of the election. In case of death or an unforeseen preventative obstacle of one of the two favored candidates in the first round of ballots before any possible returns, or one of the two candidates remaining after these returns, the Constitutional Court shall decide whether to repeat the elections. The convocation of electors is made by decree held in the Council of Ministers. The Constitutional Court shall control the regulation of these operations, make rulings regarding complaints, and proclaim the results of the election.
84The functions of the President of the Republic are incompatible with the exercise of any other political function, with any elective mandate, with any public use, or with any other lucrative or professional activity.
86During his period of office, the President of the Republic cannot, through himself or another, buy or lease anything which belongs to the State’s domain without prior authorization of the Supreme Court under the conditions laid out by law. He may not participate, through himself or another, in public or private markets for the administrations or institutions under the State’s authority or subject to its control.
88When the President of the Republic is temporarily unable to fulfil his duties, his powers shall be provisionally exercised by the Prime Minister. In case of a vacancy of the Presidency of Republic for some unforeseen, disruptive cause that is an absolute or unavoidable obstacle, noted by the Constitutional Court, and the President of the National Assembly and the Prime Minister, the functions of the President of the Republic shall be carried out by the President of the National Assembly. A new process for election of a new president for a new period of five years shall then commence. The election of the new President shall take place between twenty-one and forty days after the official recognition of the vacancy or preventative obstacle. In every case of a preventative obstacle or vacancy, Articles 38, 41, 42, and 50 shall not be applied.
90The President Elect shall enter into office fifteen days after the official proclamation of the election results. Before entering into office, he shall declare before the Supreme Court the following oath: "I swear before God and the Malian People to preserve in perfect fidelity the Republican Regime, to respect and to create respect for the Constitution and the law, to carry out my duties in the superior interest of the People, to preserve the democratic establishment, to guaranty the national unity, the independence of homeland and the integrity of the national territory.
91I solemnly and on my honor commit myself fully to implement the realization of African Unity." After the inauguration and within a period of 48 hours, the President of the Supreme Court shall publicly announce the oath of the President of the Republic. This declaration shall be the subject of an annual announcement.
93The President of the Republic shall name the Prime Minister. He shall put an end to the Prime Minister’s functions on presentation by the Prime Minister of the resignation of the Cabinet. On proposition by the Prime Minister the President of the Republic shall name the other members of the cabinet and [also] terminate their functions.
97The President of the Republic shall promulgate the laws within fifteen days following transmission to the Cabinet of the definitively adopted text. He may, before the expiration of this time period, demand a new deliberation of the law or certain of its articles by the National Assembly.
100The President of the Republic, by proposal of the Cabinet, during the duration of its sessions or by proposal of the National Assembly, after the opinion of the Constitutional Court is published in the Official
101Journal, may place under referendum any and all questions of national interest, any law related to the organization of public powers, consisting of an approval of an accord of union or an authorization of a treaty which, without being unconstitutional, would have effect on the function of the Institutions. When the referendum has concluded that the proposal is to be adopted, the President of the Republic shall promulgate it in the manner prescribed in Article 40.
103The President of the Republic may, after consultation with the Prime Minister and the President of the National Assembly, declare the dissolution of the National Assembly. General elections will follow between twenty-one and forty days after the dissolution. The National Assembly cannot be dissolved in the year that follows these elections.
105The President of the Republic shall communicate with the National Assembly and the High Council of Collectives by memoranda that are to be read by the President of the National Assembly or by the a member of the High Council of Collectives. If they are not in session, the National Assembly or the High Council of Collectives shall reassemble specifically for this reason.
111The President of the Republic shall sign ordinances and decrees from the Council of Ministers. He shall name senior civil and military leaders, as determined by law. The Grand Chancellor of National Order, General Officers, Ambassadors, Special Envoys, Regional Governors, Central Administration Directors shall be named by decree of the Council of Ministers.
119When the Institutions of the Republic, independence of the Nation, integrity of the national territory, or the execution of international engagements are immediately or gravely threatened and the regular functioning of the constitutional public powers are interrupted, the President of the Republic shall take emergency measures as required by the circumstances, after consultation with the Prime Minister, the Presidents of the National Assembly and of the High Council of Collectives as well as the Constitutional Court.
120He shall inform the nation of the situation by an announcement. The application of these emergency powers by the President of the Republic must not in any case compromise the national sovereignty nor the territorial integrity. The emergency powers must seek to assure the continuity of the State and reestablish the institutions conforming to the Constitution in the event of an interruption of normal State function. When the National Assembly is assembled it may not be dissolved during the President’s exercise of emergency powers.
122The President of the Republic may delegate certain powers to the Prime Minister. Actions of the President of the Republic other than those established in Articles 38, 41, 42, 45, and 50, as well as the previous paragraph of the present Article, shall be countersigned by the Prime Minister and, if such should be the case, any other involved Ministers. Article 52: The Law shall establish the salary of the President of the Republic and organize the method for establishing a pension for former Presidents of the Republic in their civilian lives.
129The Prime Minister is the Head of the Cabinet: with this title he shall direct and coordinate governmental action. He shall assure the execution of the laws. With respect to the provisions of Article 46, he shall exercise his ruling power. He is responsible for the execution of the political institutions and the national defense. He may delegate certain powers to the other Ministers.
130He shall stand in for, if such should be the case, the President of the Republic in the presidency of the Council and of the Committee as defined by Article 44. He shall stand in for the president of the Council of Ministers, by virtue of an express delegation or an order of business.
134Before entering into service, the Prime Minister must deliver to the Supreme Court a written declaration of the Cabinet’s intentions. This declaration shall be the object of an annual announcement. The elements of Article 35 above shall be applicable to the members of the Cabinet.
136A member of Cabinet shall not act by any parliamentary mandate, any function of professional representation, at the national or local level, any public endeavor, or any professional or lucrative activity. One comprehensive law shall establish the conditions in which provisions for the replacement of officers of each office, occupation, or position. The replacement of members of Parliament shall be made by the Cabinet with conformity to the provisions of Article 63.
145Deputies shall enjoy parliamentary immunity. No member of the National Assembly may be pursued, investigated, arrested, detained or tried for his opinions or votes that arise from the exercise of his functions. No member of the National Assembly may, during the time when parliament is in session, be pursued or arrested in a criminal or correctional manner without the authorization of the National Assembly, except in the case of a flagrant offense. No member of the National Assembly may, outside of session, be arrested except with the authorization of the Office of the National Assembly, except in the case of a flagrant offense, authorized pursuits or definite condemnation. The detention or pursuit of a member of the National Assembly shall be suspended if the National Assembly demands it.
147Organizational law shall establish the number of members of the National Assembly, their indemnities, conditions of eligibility, scheme of ineligibilities and incompatibilities. Organizational law shall also determine the conditions for election of those called to assure, in the case of a vacant seat, the replacement of Deputies until the re-election of the National Assembly.
149Every imperative mandate is null. The right to vote of the members of the National Assembly is individual. Organizational law may authorize, for exceptional reasons, delegation of a vote. In this case no one may receive the delegation beyond what is mandated.
151The National Assembly shall meet by their own right biannually. The first session shall commence on the first Monday of October. The session may not exceed seventy-five days. The second session shall commence on the first of April and may not exceed a duration of ninety days.
153The National Assembly may meet in an extra session at the request of the Prime Minister or by an order from a majority of the members. When an extra session is held on demand of the members of the National Assembly, the end of the session shall come as soon as the business for which the session was called is completed, and at most fifteen days after the date of reunion.
160The sessions of the National Assembly shall be public. However, they may meet in a closed session by their own initiative or on demand by the Prime Minister. Their internal procedure shall establish the methodology a closed session. The account of the internal debates from public sessions shall be published in the Official Journal.
163The law shall be voted on by a simple majority in the National Assembly. However, laws to which the present Constitution confers the characteristics of an organizational law shall be voted on in the following conditions: -the proposal or project may only be subjected to deliberation and vote of the National Assembly after the end of a fifteen-day time period following its deposit in the office of the National Assembly: the text may only be adopted by an absolute majority of the members composing the National Assembly. Organizational laws may only be promulgated after a declaration of the Constitutional Court of their conformity to the Constitution. Law shall establish regulations concerning: -civic rights and fundamental guaranties provided to citizens so they may exercise their public liberties, constraints imposed by the National Defense on themselves and their possessions; -nationality, civic rights, state and capacity of people, marriage, inheritance and donations, property system, actual rights and civic and commercial obligations, factions of society, expropriation; -crimes and offenses in addition to their applicable penalties, criminal procedure, police judiciary, extradition, amnesty, the creation of jurisdictions, the status of Ministerial Officers, the status of juridical and judicial Professions; -the status of civil servants; -the general status of the personnel of the Armed forces; -the system of distribution of money, the tax base, taxes and methods of collection. Law shall equally determine the fundamental principles of -the general organization of the defense and national security; -the right to work, social security, the right to form unions; -the organization and competency of professional orders; -education and research; -the protection of cultural heritage and archaeology; -public compatibility; -the creation, organization and control of public services and organizations; -the nationalization of enterprises, denationalization and transfer of property of enterprises from the public sector to the private sector; -the electoral system; -the free administration of local collectives, their competence and their resources; -the administrative organization of the national territory; -the management and alienation of the State’s domain; -the organization of the national product; -the organization of the justice system; -the penitentiary system. The law of the Treasury shall determine resources and the government expenditures. The budget must be adopted by the National Assembly. It shall establish the objectives of the economic and social actions of the State.
167States of emergency and states of siege shall be declared in the Council of Ministers. Their extension beyond ten days may only be authorized by the National Assembly. Law shall determine the conditions.
169Other matters than those which are of the domain of the judiciary shall have a statutory make-up. Bills of legislative form arising before ratification of the present Constitution may be modified by decree following judgement of the Supreme Court. Such bills which arise after ratification of the present Constitution may only be modified by decree if the Constitutional Court has declared that they are of statutory make-up according to the preceding paragraph.
171The Cabinet may, in the execution of its functions, or within its domain as established by law, request Parliamentary authorization to take by Ordinance, during a limited time period, measures which are normally the domain of the law. These Ordinances must come from the Council of Ministers following the opinion of the Supreme Court. They shall come into effect as soon as they are adopted, but shall become null and void if they are not ratified by the National Assembly before the date established by their own qualification. At the expiration of the time period mentioned in the previous paragraph of the present Article, Ordinances may only be modified by law on matters which are in the legislative domain.
173The initiation of laws belongs concurrently to the Cabinet and to the members of the National Assembly. Legal proposals shall be deliberated in the Council of Ministers following the opinion of the Constitutional Court and shall be presented to the office of the National Assembly.
177The National Assembly shall address the budget as soon as the normal session proceeding the budgetary period commences. The budget must plan for the necessary formula to cover the expenses. If the National Assembly is not established at the time of the commencement of the budgetary period or if it does not vote-in a budget, the Cabinet shall return the budget in the fifteen day period when the National Assembly meets in special session for this reason. The National Assembly must then decide in eight days. If this deliberation does not result in a voted-in budget, the task shall then be taken up by the Cabinet based on the formula of the previous result and following the opinion of the Supreme Court.
179The Prime Minister, after deliberation of the Council of Ministers shall discuss the responsibility of the Cabinet within the National Assembly’s plan either before the Assembly or by a declaration of the general politics of the Cabinet. The National Assembly shall defeat action of the Cabinet by passing a vote of no confidence. Such a motion is only admissible if it is signed by at least one tenth of the members of the National Assembly. A vote must take place within forty-eight hours of the motion. Those who are polled to be in favor of the vote of no confidence may only come from the majority of the two tiers of the members composing the Assembly. If the motion of the vote of no confidence is rejected, the signers may not propose a new motion within the course of the same session.
180The Prime Minister may, after deliberation with the Council of Ministers, engage the liability of the Cabinet before the National Assembly regarding the vote on a bill. In this case, the bill is considered to be adopted, unless a motion of no confidence, made in the next twenty-four hours, is voted-in.
182When the National Assembly adopts a new motion of no confidence or when it disapproves of the plan or a declaration of the general politics of the Cabinet, the Prime Minister must submit to the President of the Republic the resignation of the Cabinet. Article 80: The adjournment of normal or special sessions may be delayed to allow, should the case be such, for the application of the elements of Article 78.
185The judicial power is independent of the executive and legislative powers. It shall be exercised by the Supreme Court and the other Courts and Tribunals. The power of the judiciary is the guardian of the liberties defined by this Constitution. It guards the rights and liberties defined by this Constitution.
188Magistrates shall not be suppressed in the exercise of their duties, but by the authority of the law. Seated Magistrates may not be removed. The President of the Republic is the guarantor of the independence of the judicial power. The Superior Council shall watch over the management of the Magistrates’ careers and shall give its opinion on any question concerning the independence of the Magistracy.
189The Superior Council of the Magistracy serves as the Council of discipline for the Magistrates. Organizational law shall establish the composition, organization, allocations, and functioning of the Superior Council of the Magistracy. Law shall likewise establish the status of the Magistracy with respect to conformity with the principles of this Constitution.
194Organizational law shall establish the rules and organization of its functioning in addition to the procedure for the court. Article 84: The Supreme Court shall be presided over by a judicial Magistrate named by the President of the Republic and conforming to a proposition of the Superior Council of the Magistracy.
198The Constitutional Court is the judge of the constitutionality of the laws and it shall guarantee the fundamental laws of the individual and public liberties. It is the regulating body of the functioning of the institutions and the activity of the Public Powers.
200The Constitutional Court must decide on -the constitutionality of organizational laws and other laws before their promulgation; -the interior regulations of the National Assembly, the High Council of Collectives and of the Economic, Social and Cultural Council before they are put in application pertaining to their conformity to the Constitution; -the arbitration of conflicts between institutions of the State; -the regularity of presidential and legislative elections and the operations for referendums of which it shall declare the results.