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FUNDAMENTAL LAW OF THE
UNION COMOROS Adopted on 23
December 2001
PREAMBLE The people of the
Comoros solemnly affirm their will:
To draw on Islam for continuous inspiration for the principles and
rules governing the Union;
To guarantee the pursuit of a common destiny for Comorians;
To bestow on themselves new institutions founded on the legally
constituted state and on democracy, respectful of good governance
and guaranteeing the sharing of power between the Union and the
Islands that constitute it, in order to allow the latter to realise
their legitimate aspirations, administer and manage freely and
without hindrance their own affairs and promote their socio-economic
development;
To mark their attachment to the principles and fundamental rights
defined by the Charter of the United Nations, the Charter of the
Organization of African Unity, the Charter of the Arab League of
Nations, the Universal Declaration of Human Rights of the United
Nations and the African Charter on Human and Peoples’ Rights, as
well as international conventions, notably those relating to the
rights of children and women.
Proclaim:
• Solidarity between the Union and the Islands and between the
Islands themselves;
• Equality of rights and duties for all the Islands;
• Equality of rights and duties for all without distinction of sex,
origin, race, religion or belief;
• Equality of all before the law and the right of every accused
person to be defended;
• Freedom and security of every individual on the sole condition
that he or she does not commit any act liable to harm others;
• The right to multiple sources of information and a free press;
• Freedoms of expression, meeting, association and trade unionism
with due respect for morals and public order;
• Freedom to do business, as well as the security of capital and
investments;
• Inviolability of a person’s home under conditions prescribed by
law;
• Guarantee of ownership, except when public use or necessity have
been established according to law and on condition of fair
compensation;
• The right of all to health and education;
• The right of children and youth to be protected by the authorities
against any form of abandonment, exploitation and violence;
• The right to a healthy environment and the duty of all to
safeguard this environment.
This Preamble is an integral part of the Constitution.
TITLE I: THE UNION OF THE COMOROS
Article 1
The Union of the Comoros is a Republic, composed of the autonomous
Islands of Mwali (Mohéli), Maoré (Mayotte), Ndzuwani (Anjouan) and
N'gazidja (Grande Comore).
…
Article 4
Under conditions determined by law, suffrage is universal, equal and
secret. It can be direct or indirect. Under conditions determined by
law, all Comorians of both sexes can vote in enjoyment of their
civil and political rights.
Article 5
Comorian nationality is acquired, kept and lost in accordance with
the law. No one who is Comorian by birth can be deprived of his or
her nationality.
Article 6
Political parties and groups compete in the casting of votes, as
well as in civic and political training of the people. They are
formed and function freely, in accordance with the law of the Union.
They must respect national unity and the sovereignty and
inviolability of the borders of the Comoros, as recognised
internationally, as well as the principles of democracy.
TITLE II: THE RESPECTIVE COMPETENCIES OF THE UNION AND THE
ISLANDS
Article 7
With due respect for the unity of the Union and the inviolability of
its borders as recognised internationally, every Island freely
administers and manages its own affairs. Every Island freely
establishes its Fundamental Law with due respect for the
Constitution of the Union. Comorians have the same rights, freedoms
and obligations everywhere in the Union. No authority can adopt
measures that directly or indirectly hinder the freedom of movement
and settlement of individuals, as well as the free movement of goods
over the whole territory of Union. The Islands have an elected
executive and Parliament as well as local communities endowed with a
deliberating organ and an executive organ, both elected.
…
Article 10
Peace treaties, commercial treaties, treaties or agreements relating
to an international organisation, those that commit the finances of
the Union, those that modify provisions of a legislative nature,
those relating to the state of individuals, and those that include
cession, exchange or addition of territory, can only be ratified or
approved by virtue of a law. They come into effect only after having
been ratified or approved. If the Constitutional Court, on referral
by the President of the Union, the Vice-Presidents, the President of
the Union’s Assembly or the Executive Heads of the Islands, has
declared that an international agreement contains a clause contrary
to the Constitution, the authorisation to ratify or approve it can
only be given after the Constitution has been revised. Treaties and
agreements regularly ratified or approved take precedence over the
laws of the Union and the Islands, as soon as they are published,
subject to their application by the other party for every treaty or
agreement.
…
TITLE III: THE INSTITUTIONS OF THE UNION
1: The Executive Power
Article 12
The President of the Union is the symbol of National Unity. … He is
the guarantor of respect for international treaties and agreements.
The President of the Union determines and conducts foreign policy. …
He negotiates and ratifies treaties. The President of the Union is
the head of government. … The President of the Union has the right
to pardon.
Article 13
The Presidency rotates between the Islands. The President and
Vice-Presidents are elected together by direct universal suffrage on
a majority basis in one ballot, for a mandate of four (4) years,
renewable with due respect for rotation between the Islands.
…
2: The Legislative Power
Article 19
The Union’s Assembly is the legislative organ of the Union. It
passes laws and adopts the budget. The Union’s Assembly is composed
of thirty-three deputies elected for a mandate of five years.
…
Article 21
No member of the Union’s Assembly can be prosecuted, sought,
arrested, detained or judged for opinions or votes made in carrying
out his or her duties. No member of the Union’s Assembly can, for
the duration of the sessions, be prosecuted or arrested in a
criminal or civil matter without the authorisation of the Assembly,
except in the case of flagrante delicto, authorised prosecution or
final condemnation.
… 3: The Judicial Power
Article 28
The judicial power is independent of the legislative and executive
powers. Judges are only subject, in carrying out their duties, to
the authority of the law. Magistrates cannot be removed from office.
The President of the Union is the guarantor of the independence of
the judiciary. He is assisted by the Higher Council of Magistrates.
An organic law organises the judiciary in the Union and the Islands.
Article 29
The Supreme Court is the highest jurisdiction in judicial,
administrative and accounting matters of the Union and the Islands.
…
TITLE IV: THE CONSTITUTIONAL COURT
Article 31
The Constitutional Court decides on the constitutionality of the
laws of the Union and the Islands. It ensures the legality of
electoral processes both on the Islands and at the level of the
Union, including referendums; it arbitrates in electoral disputes.
It guarantees finally the basic rights of the individual and public
freedoms. The Constitutional Court is the guarantor of the division
of competencies between the Union and the Islands. It has the task
of giving a ruling on conflicts of competence between two or more
institutions of the Union, between the Union and the Islands and
between the Islands themselves. The constitutionality of laws can be
referred to the Constitutional Court by any citizen, either directly
or by invoking the procedure of a plea of unconstitutionality, in a
case that concerns him or her before a jurisdiction of the Union or
the Islands. The latter must defer judgment until the decision of
the Constitutional Court has been reached, which must intervene
within thirty days.
Article 32
The President of the Union, the Vice-Presidents of the Union, the
President of the Union’s Assembly as well as the Executive Heads of
the Islands each appoint one member of the Constitutional Court.
Article 33
The members of the Constitutional Court must have high moral
standards and great integrity as well as a recognised competence in
the legal, administrative, economic or social domains. They must
give proof of at least fifteen years of professional experience.
They are appointed for a mandate of six years, renewable. The
President of the Constitutional Court is chosen by his peers for a
mandate of six years that is renewable. The members of the
Constitutional Court are irremovable. Except in the case of
flagrante delicto, they cannot be prosecuted or arrested without the
authorisation of the High Court. The duties of a member of the
Constitutional Court are incompatible with the position of a member
of the institutions of the Union or the Islands, as well as with any
public office or professional activity.
Article 34
An organic law determines the rules governing the organisation and
operation of the Constitutional Court, the procedure followed before
the Court and notably the conditions, modes and time limits for
submitting cases, as well as the status, immunities and disciplinary
system of its members.
Article 35
A provision declared unconstitutional is null and void and cannot be
applied. There is no appeal possible against the decisions of the
Constitutional Court. They are imposed on every authority as well as
on the courts over the whole territory of the Union.
…
TITLE VI: THE REVISION OF THE CONSTITUTION
Article 37
The initiative to revise the Constitution is taken by the President
of the Union in conjunction with at least one third of the members
of the Union’s Assembly. In order to be adopted, the revision
project or proposal must be approved by two thirds of all the
members of the Union’s Assembly as well as by two thirds of all the
members of the Assemblies of the Islands or by referendum. No
revision procedure can be initiated or pursued while an attack is
being made on the unity of the territory and the inviolability of
the internationally recognised borders of the Union as well as on
the autonomy of the Islands.
… source:
http://www.chr.up.ac.za /hr_docs/
constitutions/docs/ComorosC%20(english%20su |
