Comoros 2018

The Union of the Comoros is a sovereign, unitary and democratic Republic that guarantees the respect for the dignity of persons and recognizes the inviolability and inalienability of Human Rights as the foundation for every human community, for peace and for justice.

The Union of the Comoros equally recognizes the equality of all citizens before the law, without distinction of race, sex, religion, political belief, and it assures all citizens the full enjoyment of fundamental freedoms.

Sovereignty belongs to the people who exercise it through their representatives or through referendum. No section of the people nor any individual may arrogate its exercise.

Suffrage may be direct or indirect within the conditions provided for by the Constitution and the law. It is always universal, equal and secret.

All Comorians of the two sexes enjoying their civil and political rights are electors, within the conditions determined by the law.

The State submits itself to the Constitution, is based on democratic legality, and respects the laws as well as having them respected.

All those considered as such by the law or by virtue of an international convention are Comorian citizens.

Outside of the cases where the law specifies otherwise, no Comorian by birth may be deprived of their nationality.

The territory of the Union of the Comoros is composed of:

• the islands and islets of Mwali (Mohéli), Maoré (Mayotte), Ndzuwani (Anjouan) and Ngazidja (Grande Comore).

  the archipelagic waters and the territorial sea as defined by the law and the international conventions, as well as the respective seabed and subsoil;

  of the airspace above the geographic zones mentioned in the preceding paragraphs.

The Union of the Comoros possesses sovereign rights in matters of conservation, of exploitation and of determining the value of the living and nonliving natural resources in the contiguous zone, in the exclusive economic zone, and on the continental shelf as defined by the law, and has jurisdiction over these regions, by virtue of domestic right and of the rules of international law.

The State may not give up any parcel of the national territory or any sovereign rights it exercises over it.

The State has for fundamental missions:

• to preserve territorial independence and integrity, to guarantee the unity of the Comorian Nation and to create the requisite political, economic, social and cultural conditions.

  to guarantee respect for Human Rights and to assure to all citizens the full exercise of their rights and fundamental freedoms;

  to guarantee respect for the republican form of government and for the principles particular to a State of democratic law;

  to guarantee the democratic policy and the democratic participation of the citizens in the organization of political power and in the other aspects of the political and social life of the Nation;

  to promote the well-being and the quality of life of the Comorian people;

  Reference to fraternity/solidarity

  to encourage social solidarity, the autonomous organization of civil society, as well as individual merit, initiative and creativity;

  to support the Comorian community throughout the world in participation in the country's economic development and to favor within the country the preservation and development of Comorian culture;

  Right to enjoy the benefits of science, Reference to science

  to promote instruction, culture, scientific research, the diffusion and the utilization of new technologies as well as the propagation of Comorian culture in the world;

  Protection of environment

  to protect the landscape, nature, the natural resources and the environment, as well as the historic, cultural and artistic patrimony of the Nation;

  Customary international law

  to guarantee to the foreigners residing in a permanent or temporary manner in the Comoros or in transit on the national territory, a treatment conforming to international rules, with respect for Human Rights, and the exercise of the rights that are not exclusive to Comorian citizens by virtue of the Constitution or by the law.

The flag, the seals and the national anthem are the symbols of the Union of the Comoros and of national sovereignty.

The national flag is composed of four horizontal bands of equal width, superimposed, arranged in the lengthwise, yellow, white, red and blue in color, starting from the top to the bottom. A green isosceles triangle is placed on the side of the pole. A white crescent figures, with four white stars aligned from one end to the other of the crescent.

The national anthem is: Umodja Wa Massiwa.

The motto of the Union is: "Unité – Solidarité – Développement" [Unity-Solidarity-Development].

The official languages are the Shikomor national language, French, and Arabic.

The seal of the State is determined by the law.

Moroni is the capital of the Union of the Comoros; a law determines its status.

An organic law determines the islands where the Institutions of the Union sit, if circumstances thus require.

The international relations of the Union of the Comoros are governed by the principles of national independence, respect for international law and Human Rights, equality between States, non-interference in the domestic affairs of foreign nations, reciprocity of advantages accorded, cooperation with all other peoples and peaceful coexistence.

The Union of the Comoros commits to providing international organizations, in particular the Organization of the United Nations, the African Union and the League of the Arab States, all the necessary collaboration in order to find a peaceful solution to conflicts and to assure international peace and justice as well as respect for Human Rights and for fundamental freedoms; it also supports all efforts of the international community which aim to guarantee respect for the principles consecrated in the Charter of the United Nations.

The Union of the Comoros commits to reinforcing African identity, unity and integration and to support cooperative actions in favor of development, democracy, progress and the well-being of peoples, respect for Human Rights, peace and justice.

Peace treaties, commerce treaties, treaties or agreements related to international organization, those which involve State finances, which modify provisions of a legislative nature, which are related to the status of persons, which include cession, exchange or adjunction of territory, may only be ratified or approved by virtue of a law. They only take effect after being ratified or approved.

If the Supreme Court, referred to the matter by the President of the Union, by the President of the Assembly of the Union or by the Governors of the Islands, declares that an international commitment includes a clause contrary to the Constitution, the authorization to ratify it or approve it may only occur after Constitutional revision.

The treaties or agreements regularly ratified have, from their declaration, an authority superior to that of the laws of the Union, with reservations, for each agreement or treaty, of its application by the other party.

The State recognizes the inviolability of the rights and freedoms consecrated in the Constitution and guarantees their protection.

The State and the other public organs are civilly responsible for the actions or omissions of their agents, committed in the exercise of their public functions or due to these functions, which infringe upon, in whatever manner, the rights, freedoms and guarantees of those to whom these rights are granted, or of third parties.

The right to access justice and a defense is guaranteed to all citizens, as well as the right to obtain court decisions in a reasonable time period.

The Comorian citizens residing or finding themselves abroad enjoy the rights, freedoms and guarantees consecrated in the Constitution, and are subject to the duties established in it on condition that this is not incompatible with their absence from the national territory.

The law may provide for restrictions on the exercise of the political rights and to the accession to certain public functions or employments for Comorian citizens of foreign origin.

Foreigners residing or sojourning on the national territory enjoy the same rights, the same freedoms, the same guarantees and have the same duties as the Comorian citizens, with the exception of the political rights and the rights and duties reserved for national citizens by law or by the Constitution. Foreigners may exercise public functions of an essentially technical character, in accordance with the law.

Rights, freedoms and guarantees may not be suspended except in the case of a declaration of a state of siege or of a state of urgency, in accordance with the provisions of the Constitution.

Every individual has duties towards the family, the society and the State as well as towards other institutions recognized by the law.

Every individual has the duty to respect the rights and freedoms of others, and the moral and common interest.

Every individual has the duty to respect and to consider their fellow men without discrimination of any kind, and to maintain with them relations of a nature to promote, to safeguard and to reinforce reciprocal respect and tolerance.

Every individual has a duty to participate in the defense of their country.

The totality of the economic resources and wealth of the country is in the service of the general interest.

The State supports the national economic actors in their relations with the rest of the world, in particular the economic actors and activities which can contribute in a positive manner to the integration of the Comoros in the global economic system.

The State guarantees free enterprise as well as the security of capital and investments.

The State stimulates, supports and protects foreign investment that contributes to the economic and social development of the country, within the conditions provided for by law.

The presidency of the Union rotates between the Islands.

Each Island, through the elected candidate, carries out the presidency of the Union for a mandate of five (5) years, renewable once.

In no case may an Island exercise more than two (2) consecutive mandates.

The President of the Union is elected by universal direct majority suffrage in two rounds.

The Comorian citizen of origin, from the Island where the rotation falls, having the status of elector, aged at least thirty-five (35) years the day of the presentation of their candidature and having effectively resided in a permanent manner in the national territory in the course of the twelve months preceding the election, may be a candidate for the presidency of the Union.

For the purposes of this Article, a Comorian with maternal or paternal relatives born on this Island, is from the Island.

Any Comorian who, although not from the Island, has lived in an effective manner on the Island where the rotation falls during at least ten years preceding the election may equally be a candidate.

The Comorian who decides to be a candidate to the presidential or gubernatorial election in one Island, may not be a candidate in another Island. This choice is irrevocable.

The modalities of the election mentioned in the preceding paragraph are determined by an organic law.

The President of the Union is the symbol of the National Unity:

• He is the guarantor of the inviolability of the borders such as they are internationally recognized, as well as of the sovereignty of the Country.

  He is the arbiter and the moderator of the regular operations of its institutions.

  He assures the highest representation of the Union in international relations.

  He is the guarantor of respect for the international treaties and agreements. The President of the Union determines and conducts foreign policy.

  He appoints and accredits the ambassadors and the extraordinary envoys to foreign powers.

  The foreign ambassadors and envoys extraordinary are accredited by him.

  Treaty ratification

  He negotiates and ratifies the treaties.

The President of the Union is the Head of Government.

In this function, he determines and leads the policy of the Union:

• He has the public administration at his disposal.

  He exercises the regulatory power.

  He appoints to the civil and military positions.

  The President of the Union may delegate certain powers to members of the Government.

  Designation of commander in chief

  The President of the Union is the Head of the Armies. He is responsible for the foreign defense.

  Power to pardon

  The President of the Union has the right to pardon.

When the constitutional institutions, the independence of the Nation, the integrity of its territory or the execution of its international engagements are threatened in a serious and immediate manner and the regular operations of constitutional institutions are interrupted, the President of the Union, after official consultation with the Council of Ministers, of the President of the Assembly of the Union and of the Supreme Court, takes the exceptional measures required by the circumstances.

These measures must be motivated by the will to provide the constitutional institutions, with the least delay, the means to accomplish their mission.

The President of the Union can, with clearance from the Assembly of the Union, legislate by ordinance on matters relative to its competence. These ordinances are filed with the Bureau of the Assembly at the next session following the termination of the time period set by the enabling law.

Before assuming his functions, the President of the Union swears an oath, his hand on the Koran, before the Supreme Court, attended by the Mufti of the Republic or in his absence, the Grand Qadi, according to the following formulation:

"I swear before Allah, the Merciful and the most Compassionate to loyally and honestly fulfill the duties of my charge, to only act in the general interest and within respect for the Constitution."

In case of vacancy or of permanent impairment of the President, occurring within nine hundred days following the date of investiture of his mandate and declared by the Supreme Court as referred to the matter by the Government, then it proceeds to the election of a new President, within a time period of sixty days.

The interim is carried out by the Prime Minister, within the act of appointment of the Ministers and other members of the Government. During this period, he may not change the Government.

If the vacancy or the permanent impairment occurs beyond nine hundred days, the Governor of the island carrying out the presidency of the Union finishes the mandate.

In this case, the duties of the Governor are assured by the Secretary General of the Governorship concerned.

The functions of President of the Union are incompatible with the exercise of any other elective mandate, of any other political function, of any public office, of any public or private professional activity or of any function within a directive organ of a political party or group.

The President of the Union appoints the Ministers and the other members of the Government, which may number no more than fifteen.

The Government of the Union is composed in a manner to assure the just and equitable representation of the Islands and a just and equitable division between men and women.

The functions of Minister are incompatible with the exercise of any national elective mandate, of any function of professional representation and of any public office or of any professional activity.

The members of the Government are responsible for criminal infractions committed within the exercise and outside of the exercise of their functions, before the jurisdictions of common law.

The President of the Union promulgates the laws of the Union within the thirty days which follow the transmission to the Government of the law definitively adopted.

He can, before the expiration of this time period, request of the Assembly of the Union, which decides with absolute majority, a new deliberation of the law or of certain of its articles. This new deliberation cannot be refused.

The President of the Union presents once annually a discourse on the state of the Union before the Assembly of the Union.

The Assembly of the Union is composed of members elected in the national electoral districts and of those representing the Comorians settled outside the Comoros.

A law establishes the conditions and the modalities of election of each of the categories of the members of the Assembly of the Union mentioned in the Article above, as well as their number.

It establishes also the number of electoral districts, the system of ineligibilities and of incompatibilities of the said members.

It determines in addition the conditions in which the persons are elected who are called to carry out, in case of vacancy, their replacement until general or partial renewal of the Assembly of the Union.

The members of the Assembly of the Union are Deputies. They represent the Nation.

Any Deputy who, in the course of a mandate, resigns from their party or changes their political group automatically loses their seat in the Assembly of the Union. They are replaced by their substitute who finishes the mandate.

The mandate of Deputy commences at the date of the opening of the first session and ends at the end of the fifth year.

The election of the Deputies takes place within the sixty days preceding the expiration of the powers of the Assembly of the Union.

The Assembly of the Union is the legislative organ of the Union. It votes on the laws, including the laws of regulation, adopts the budget and controls the action of the Government.

The Assembly of the Union is completely renewed.

The Assembly of the Union adopts, with the majority of two-thirds of its members, its internal regulations. Before the application of these, the Supreme Court decides on their conformity with the Constitution.

The President of the Assembly of the Union is elected for the duration of the legislature.

However, his mandate may be challenged by a motion of disapproval according to the following procedure:

• The demand is formulated and signed by at least half of the Deputies composing the Assembly;

  The vote may only take place forty-eight hours after its submission;

  Only the votes favorable to the motion are counted;

  The motion is adopted by a majority of two-thirds of the members composing the Assembly;

  The Assembly may only vote one motion per year;

  No motion may be submitted in the course of an extraordinary session;

The interim is carried out by the First Vice President. He organizes the election of the new President within the fifteen days following the adoption of the motion.

An organic law determines the conditions and the modalities of the election of Deputies of the Assembly of the Union and of its President, the system of ineligibilities and of incompatibilities, as well as their indemnities.

No member of the Assembly of the Union may be prosecuted, investigated, arrested, detained or judged on the basis of the opinions or votes made by him in the exercise of his functions.

No member of the Assembly of the Union may, during the time of the sessions, be prosecuted or arrested in a criminal or correctional matter without the authorization of the Assembly, except in the case of flagrante delicto.

No member of the Assembly of the Union may, out of session, be arrested without the authorization of the Bureau of the Assembly, except in case of flagrante delicto, of authorized charges or of definitive condemnation.

The right to vote of the members of the Assembly of the Union is personal. The law may exceptionally authorize the delegation of the vote to another Deputy. In this case, no one may receive a commission of more than one mandate.

The Assembly of the Union meets of plain right in two ordinary sessions per year, of which the total duration may not exceed six months. The calendar of the sessions is established according to the modalities determined by the internal regulations of the Assembly of the Union.

The Assembly of the Union meets in extraordinary session, at the demand of the President of the Union or of the absolute majority of the Deputies, on a determined agenda.

The extraordinary session may not exceed fifteen days counting from the date of its initial meeting.

The sittings of the Assembly of the Union are in principle public, except for cases provided for by the internal regulations of the Assembly.

The initiative of law belongs concurrently to President of the Union and to the Deputies.

The Deputies and the Government have the right of amendment.

The bills of law are deliberated in the Council of Ministers and filed with the Bureau of the Assembly of the Union.

Bills of the members of the Assembly of the Union, are only receivable if they are communicated to the Government before their inscription on the agenda. It is held to return them, with or without observations, within a time period which may not exceed fifteen days.

If it appears in the course of the legislative procedure that a bill or an amendment is not in the domain of law or is contrary to an authority agreed to by virtue of Article 56, above, the Government may oppose the inadmissibility;

In case of a disagreement between the Government and the Assembly of the Union, the Supreme Court, at the demand of one or the other, decides within a time period of eight (8) days.

Bills and amendments of the members of the Assembly of the Union are not admissible when their adoption should have as a consequence either a diminution of the public resources, or the creation or aggravation of a public expense.

The proposals and bills are, at the demand of the Government or of the Assembly of the Union, sent for examination to commissions created by the internal regulations of the Assembly of the Union or specially established for this purpose.

The laws to which the Constitution confers the character of organic laws are voted on and modified within the following conditions.

• The bill or the proposal of organic law is only submitted to the deliberation and to the vote of the Assembly of the Union at the expiration of a time of fifteen days after its filing.

  The organic laws are adopted with the majority of two-thirds of the members composing the Assembly of the Union.

  They are promulgated after the Supreme Court declares that they conform to the Constitution.

The Assembly of the Union votes on finance laws with a two-thirds majority.

If it has not been decided within a time period of sixty days after the opening of the second ordinary session, the provisions of the bill may be brought into force by ordinance.

Other than the matters that are assigned to it by the other articles of the Constitution, the law establishes the rules concerning:

• the civic rights and the fundamental guarantees granted to citizens for the exercise of the public freedoms;

  the freedom, pluralism and independence of the media;

  the constraints imposed on citizens on their person and assets;

  the system of associations and political parties as well as the status of the opposition;

  Requirements for birthright citizenship, Right to transfer property

  nationality, the state and capacity of persons, the law of the family, inheritance and gifts;

  the determination of crimes and misdemeanors as well as the penalties applicable to them;

  the criminal procedure;

  amnesty;

  the creation of new orders of jurisdiction;

  the right to work, the syndical right, the right to security and of social security;

  the base, rate and modalities of tax collection of any nature;

  the system of issuing currency.

The law establishes equally the rules concerning:

• the administration of customs services;

  the mode of management of the domain of the State and of land registry;

  the mode of management of companies with public capital;

  the system of ownership, substantive law, and civil and commercial obligations;

  Municipal government, Subsidiary unit government

  the electoral system of the Assembly of the Union and of the Local Assemblies;

  the status of functionaries and military personnel as well as the guarantees that are accorded to them;

  the nationalization of enterprises and the transfer of enterprise ownership from the public sector to the private sector;

  Protection from expropriation

  the expropriations on account of public utility.

The law determines the fundamental principles:

• of the general organization of the national defense and security;

  of the general organization of the administrative, social and financial inspectorates;

  of the free administration of the Communes, of their competences and resources;

  of education and national public diplomas;

  Telecommunications

  of information and of the New Technologies of Communication and Information

The matters other than those in the domain of law have a regulatory character.

The texts of legislative form acting in these matters before or after this Constitution may be modified or abrogated by decree of the President of the Union taking prior opinion of the Supreme Court, referred to the matter by the Government

The Assembly of the Union may adopt resolutions within the conditions established by the law.

The proposals of resolutions that include injunctions regarding the Government are inadmissible and may not be recorded in the agenda.

The judicial power is independent of the legislative power and the executive power. It is exercised by the Supreme Court and other courts and tribunals.

The judges are subject in the exercise of their functions only to the authority of the law.

The presiding magistrates are not removable, save for the cases of necessity of service.

The President of the Union is the guarantor of judicial independence.

He is assisted by the Superior Council of the Magistrature.

An organic law bears the status of the magistrates of the Superior Council of the Magistrature.

The judicial organization is determined by the law.

The Supreme Court is the highest jurisdiction of the Union in judicial, administrative, constitutional matters, and matters of accounts.

It judges the President of the Union in case of high treason.

The decisions of the Supreme Court are not liable to any recourse and impose themselves on the Executive Power, on the Legislative Power as well as on all the jurisdictions of the national territory.

The modalities of application of this Article are established by an organic law.

Islam is the State religion.

The State draws on this religion, the Sunni principles and rules of obedience and the Chafi'i rites that govern belief and social life.

The Mufti of the republic is the highest religious authority of the State. He is appointed by decree of the President of the Union.

The modalities of application of this Article are established by the law.

The Governor is elected by the electors of the Island by direct uninominal suffrage in two rounds, for a mandate of five years renewable once.

In case of vacancy or of permanent impairment of the Governor of an Island, occurring within the nine hundred days following the date of investiture of his mandate and declared by the Supreme Court referred to the matter by his Cabinet, it proceeds to the election of a new Governor within a time period of sixty days. The interim is carried out by the Secretary General of the Governorship.

If the vacancy or definitive impediment occurs beyond nine hundred days, the Secretary General of the Governorship finishes the mandate.

In the exercise of his duties, the Governor issues decrees.

He is assisted in the exercise of his functions by a Cabinet composed of seven members including one Director of the Cabinet and a Secretary General responsible for coordinating the whole of the insular public services.

In consultation with the Union and taking into account the needs and resources available, the Island recruits through the Public Function the administrative personnel necessary for the organization and operations of insular services.

The following matters fall within the exclusive competence of the islands:

• economic planning and social development of the island;

  the development of the island territory;

  the acquisition of assets for the needs of the island;

  the promotion of tourism, the environment and the historic patrimony of the island;

  traditional fishing;

  agriculture and animal husbandry, with the exclusion of policies and research;

  road maintenance;

  fairs and markets.

In consultation with the Union, the island acts in the matters cited below:

• the administration of the Local Collectivities;

  the management of pre-school, primary and secondary teaching establishments and personnel;

  basic local professional training;

  allocations of study grants;

  the construction, equipping, maintenance, and management of the establishments and personnel of basic health.

Within respect for the Constitution and within the limits of their respective competences, the Union and the autonomous Islands, or the autonomous Islands among themselves, may enter into agreements of a social, economic or financial character.

Within the limits of their respective competences and within respect for the Constitution of the Union of the Comoros and for the international commitments of the Union, the autonomous Island may form and maintain cooperative relations with local collectivities or non-governmental foreign organs.

The conventions mentioned in paragraph 2 of this Article, may not be concluded without the prior agreement of the State.

Taking into account national solidarity and the balanced socio-economic development of the Islands, the resources of these include the endowment [dotation] paid by the State and the product of the rights, taxes [impôts], and local taxes [taxes locaux] of which the amounts and rates [taux] are established by the law of finance.

The budget of the Island must be balanced and approved by the State.

The Consultative Council is composed of representatives of the Communal Councils designated from within on the basis of one representative by Communal Council.

The modalities of designation of the representative of the Communal Council are determined by the internal regulations of the relevant Council.

The Consultative Council adopts its internal regulations which in particular define the modalities of its operations.

If the circumstances so require, the Governor refers the matter to the Consultative Council to give its opinion on issues that interest the Island.

The functions of the members of the Consultative Council are gratuitous. Nevertheless, they receive compensation for their presence, of which the amount is established by order of the Governor of the Island.