1The following text is from the Constitute Project, who through a Creative Commons Attribution-Noncommercial 3.0 Unported License, has generously made this content available for use for noncommercial purposes. Follow (right-click) the links and read the annotation to learn more. 1
19The State of Cote d’Ivoire recognizes the freedoms, the fundamental rights and duties provided in this Constitution and commits itself to take the legislative or regulatory measures to assure its effective application.
22All human beings are born free and equal before the law. They enjoy the inalienable rights which are the right to life, to liberty, to the full realization of their personality and to the respect of their dignity. The rights of the human person are inviolable. The public authorities have the obligation to assure the respect, the protection and the promotion of them. Any punishment leading to the deprivation of human life is forbidden.
24Slavery, forced labor, inhuman and cruel, degrading and humiliating treatment, physical or moral torture, physical violence and mutilation and all forms of debasement of the human being, are forbidden and punished by the law.
32Every human being has the right to the development and to the full realization of his personality in the material, intellectual and spiritual dimensions. The State assures to all citizens equal access to health, to education, to culture, to information, to professional formation and to employment. 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.
34The State and the Public Collectivities have the duty to see to the development of youth. They create the conditions favorable to its civic and moral education and assure it protection against moral exploitation and abandonment.
36The freedom of thought and expression, notably the freedom of conscience, of religious or philosophical opinion are guaranteed to all, under reserve of respect of the law, the rights of others, of the national security and of the public order.
38Each has the right to express and to freely disseminate their ideas. All propaganda having for its object or for its effect to make one social group prevail over another, or to encourage racial or religious hatred is forbidden.
42No Ivorian can be forced into exile. Any person persecuted for reason of his political, religious, or philosophical convictions, or of his ethnic identity can benefit from the right of asylum in the territory of the Republic of Cote d’Ivoire, under the condition of conforming to the laws of the Republic.
44The Political Parties and Groups form themselves and exercise their activities freely within the condition of respecting the laws of the Republic, the principles of national sovereignty and of democracy. They are equal in rights and subject to the same obligations. Political Parties or Groups created on regional, confessional, tribal, ethnic or racial bases, are forbidden.
52Any person has the right to freely chose his profession or his employment. Access to public or private employment is equal for all. Any discrimination in the access to or exercise of employment, based on sex, or on political, religious or philosophical opinions, is prohibited.
68The defense of the Nation and of the territorial integrity is a duty for every Ivorian. It is assured exclusively by the forces of defense and of national security within the conditions determined by the law.
79The State of Côte d’Ivoire is an independent and sovereign Republic. The national emblem is the tricolor flag of orange, white and green in vertical bands and equal dimensions. The hymn of the Republic is l’Abidjanaise. The motto of the Republic is Union, Discipline, Work. The official language is French. The law establishes the conditions of promotion and of development of the national languages.
81The Republic of Côte d’Ivoire is one and indivisible, secular, democratic and social. The Republic assures to all equality before the law without distinction as to origin, race, sex or religion. It respects all beliefs. Its principle is government of the people, by the people and for the people.
85The people exercise their sovereignty by way of referendum and by their elected representatives. 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 Constitutional Council controls the regularity of the operations of the referendum and of the election of the representatives of the people. The organization and supervision of the referendum and of the elections is assured by an Independent Commission within the conditions provided by the law.
87Suffrage is universal, free, equal and secret. All Ivorian nationals of both sexes eighteen years old at least and possessing their civil and political rights, are electors within the conditions determined by the law.
90The President of the Republic is the Head of State. He embodies the national unity. He sees to the respect of the Constitution. He assures the continuity of the State. He is the guarantor of the national independence, of the territorial integrity, of the respect of international commitments.
92The President of the Republic is elected for five years by universal direct suffrage. He is only reeligible one time. The candidate to the presidential election must be forty years of age at least and sixty-five years at most. He must be Ivorian by birth, born of a father and of a mother themselves Ivorian by birth. He must never have renounced the Ivorian nationality. He must never have had another nationality. He must have resided in Cote d’Ivoire continuously during the five years preceding the date of the elections and have totaled ten years of effective presence. The obligation of residence indicated in this article is not applicable to the members of diplomatic and consular representations and to the persons designated by the State to occupy a post or accomplish a mission abroad, to international functionaries and to political exiles. The candidate to the Presidency of the Republic must present a complete statement of his physical and mental well-being duly determined by a college of three physicians appointed by the Constitutional Council from a list proposed by the Council of the Order of Physicians. These three physicians must take an oath before the Constitutional Council. He must be of good morals and of grand probity. He must declare his assets and substantiate the origin of them.
94The election of the President of the Republic is acquired by an absolute majority of the suffrage expressed. If this is not obtained, it proceeds to a second round, fifteen days after the proclamation of the results of the first round. Only the two candidates having received the greatest number of votes in the first round can present themselves. The convocation of the electors is made by decree in the Council of Ministers. The first round of the ballot takes place in the course of the month of October of the fifth year of the mandate of the President of the Republic.
96If in the seven days preceding the deadline of the deposit of presentation of the candidatures, one of the persons having, less than thirty days before that date, announced publicly his decision to be a candidate, the Constitutional Council can decide on the postponement of the election. If before the first round, one of the candidates dies or finds himself incapacitated, the Constitutional Council declares the postponement of the election. In the case of death or of incapacity of one of the two candidates coming in ahead as a result of the first round, the Constitutional Council decides on the complete repetition of the electoral operations.
98In case of events or of grave circumstances, notably of affect to the integrity of the territory, or of natural catastrophes rendering impossible the normal holding of the elections or the proclamation of the results, the President of the Commission charged with the elections immediately seizes the Constitutional Council to the end of declaring on this situation. The Constitutional Council decides within twenty-four hours, to stop or to continue the electoral operations or of suspending the proclamation of the results. The President of the Republic informs the Nation by a message. He remains in his functions. In the case where the Constitutional Council orders the stoppage of the electoral operations or decides on the suspension of the proclamation of the results, the Commission charged with the elections establishes and communicates daily with it on the state of the evolution of the situation. When the Constitutional Council establishes the cessation of these events or of these grave circumstances, it establishes a new time period which cannot exceed thirty days for the proclamation of the results and ninety days for the holding of the elections.
100The powers of the President of the Republic in office expire at the date of the taking of office of the President-elect, which occurs at the taking of the oath. 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. The wording of the oath is:
101“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. May the people withdraw their confidence in me and may I be submitted to the rigor of the laws, if I betray my oath”.
103In case of vacancy of the Presidency of the Republic due to death, resignation, or absolute incapacity, the interim of the President of the Republic is assured by the President of the National Assembly, for a period of forty-five days to ninety days in the course of which it proceeds to the election of the new President of the Republic.
104The absolute incapacity is declared without delay by the Constitutional Council seized to this end by a request of the Government, approved by the majority of its members. The provisions of the first and 5th sentences of Article 38 are applied in the case of an interim. The President of the National Assembly, assuring the interim of the President of the Republic, cannot make use of Articles 41 paragraphs 2 and 4, 43, and 124 of the Constitution. In the case of death, of resignation, or of absolute incapacity of the President of the National Assembly, the vacancy of the Presidency of the Republic then occurring, the interim of the President of the Republic is assured, in the same conditions, by the First Vice President of the National Assembly.
106The President is the exclusive holder of the executive power. He appoints the Prime Minister, the Head of Government, who is responsible to him. He terminates his functions. The Prime Minister animates and coordinates the governmental action. On the proposal of the Prime Minister, the President of the Republic appoints the other members of the Government and determines their attributions. He terminates their functions under the same conditions.
108The President of the Republic has the initiative of laws concurrently with the members of the National Assembly. He assures the promulgation of the laws within the fifteen days which follow the transmittal which is made of them to him by the President of the National Assembly. This time period is reduced to five days in case of urgency. A law not promulgated by the President of the Republic until the expiration of the time period specified in this Article is declared effective by the Constitutional Council seized by the President of the National Assembly, if it conforms to the Constitution. The President of the Republic can, before the expiration of this time period, demand of the National Assembly a second deliberation of the law or of certain of its articles. This second deliberation cannot be refused. He can equally, within the same time period, demand and obtain of right that this deliberation can only take place at the time of the ordinary session following the session during which the text was adopted in its first reading. The vote for this second deliberation is acquired by the majority of two-thirds of the members present of the National Assembly.
110The President of the Republic, after consultation with the Bureau of the National Assembly, can submit to referendum any text or any question which appears to him should require the direct consultation of the people. When the referendum has concluded with the adoption of the text, the President of the Republic promulgates it within the time period specified in the preceding article.
120Whenever the Institutions of the Republic, the independence of the Nation, the integrity of its territory or the execution of its international commitments are threatened in a grave and immediate manner, and that the regular functioning of the constitutional public powers is interrupted, the President of the Republic takes the exceptional measures required by those circumstances after the obligatory consultation of the President of the National Assembly and of that of the Constitutional Council. He informs the Nation by a message. The National Assembly meets of right.
133The President of the Republic can, by decree, delegate certain of his powers to the members of the Government. The Prime Minister substitutes the President of the Republic when he is absent from the national territory. In this case, the President of the Republic can, by decree, delegate to him the presidency of the Council of Ministers, on a precise agenda. The President of the Republic can delegate, by decree, certain of his powers to the Prime Minister or to a member of the Government who assures the interim of this. This delegation of powers must be limited in its time and concern a precise matter or object.
135The functions of the President of the Republic are incompatible with the exercise of any parliamentary mandate, any public employment, of any professional activity and of any directive function of a Political Party.
137When he enters into his functions and at the end of them, the President of the Republic is held to produce an authentic declaration of his patrimony before the Court of Accounts. During the exercise of his functions, the President of the Republic can neither, by himself, nor through an intermediate person, acquire or rent anything which belongs to the domain of the State and of the Public Collectivities, without the previous authorization of the Court of Accounts within the conditions established by the law. The President of the Republic cannot solicit for the transactions of the State and of the Public Collectivities.
139The functions of a member of the Government are incompatible with the exercise of any public office and of any professional activity. A parliamentarian appointed as a member of the Government cannot sit in the National Assembly, for the duration of his ministerial functions. The provisions of sentences 2 and 3 of the preceding article are applicable to the members of the Government during the term of their functions.
140The President of the Republic communicates with the National Assembly, either directly or by the messages that he has read by the President of the National Assembly. These communications do not give rise to any debate.
147The powers of the National Assembly expire at the end of the second ordinary session of the last year of its mandate. The elections to take place twenty days at least and fifty days at most before the expiration of the powers of the National Assembly. The law establishes the number of members of the National Assembly, the conditions of eligibility, the regime of ineligibilities and incompatibilities, the modalities of the ballot, the conditions within which it is necessary to organize new elections in the case of vacancy of seats of Deputies.
153Each year, the Parliament meets of right in two ordinary sessions. The first session begins the last Wednesday of April; its duration cannot exceed three months. The second session begins the first Wednesday of October and ends the third Friday of December.
155The 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 extraordinary sessions are closed as soon as the agenda is exhausted.
157The integral account of the debates is published in the Journal Officiel of the debates. The National Assembly can sit in secret committee at the demand of the President of the Republic or of one-third of the Deputies.
159The President of the National Assembly is elected for the duration of the legislature. The President of the National Assembly and the First Vice President are subject to the same conditions of eligibility as the President of the Republic.
161Every Deputy is the representative of the entire Nation. Any imperative mandate is null. The right to vote of the Deputies is personal. However, the delegation of the vote is permitted when a Deputy is absent for reason of sickness, of execution of a mandate or of a mission conferred on him by the Government or the National Assembly or in order to fulfill his military obligations or for any other justified reason. No one may receive, for one ballot, more than one delegation of the vote.
165During 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. 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. The detention or the prosecution of a member of Parliament is suspended if the National Assembly requires it.
169The National Assembly establishes its rules. 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. The Constitutional Council decides within a time period of fifteen days.