We, the People of Côte d'Ivoire;
We, the People of Côte d'Ivoire;
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;
Express our commitment to:
safeguarding our sovereignty over national resources and ensuring an equitable management thereof for the well-being of everyone;
promoting equality between men and women;
promoting transparency in the conduct of public affairs;
defending and preserving our cultural heritage;
contributing to climate protection and to maintaining a healthy environment for future generations;
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 State of Côte d'Ivoire recognizes the rights, freedoms and duties set forth in this Constitution. It is committed to taking all necessary measures for ensuring the effective implementation thereof.
The human person is sacred.
The rights of the human person is inviolable.
Everyone has the right to respect for human dignity and to recognition as a person before the law.
The right to life is inviolable.
No one has the right to take the life of another person.
The death penalty is abolished.
All Ivoirians are born and remain free and equal in rights.
No one may be privileged or discriminated against by reason of their race, their ethnicity, their clan, their tribe, their skin color, their sex, their region, their social origin, their religion or belief, their opinion, their fortune, their difference in culture or language, their social status or their physical or mental state.
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.
Any medical or scientific experimentation on a person without their informed consent as well as organ trafficking for commercial or ulterior motives are also prohibited. However, everyone has the right to donate their organs, under the conditions prescribed by law.
The right of everyone to free and equal access to justice is protected and guaranteed.
Everyone has the right to a fair trial and to judgment rendered within a reasonable period as determined by law.
The State promotes the development of local justice.
No one may be prosecuted, arrested, detained or charged, except by virtue of a law promulgated prior to the facts alleged against them.
No one may be arbitrarily arrested, prosecuted or detained.
Any person arrested or detained has the right to humane treatment that protects their dignity. They must be informed immediately of the reasons for their arrest or detention and of their rights, in the language understandable to them.
Every defendant is presumed innocent until proven guilty following a fair trial providing all the guarantees necessary for their defense.
The home is inviolable. Exceptions or restrictions may only be prescribed by law.
Everyone is entitled to education and professional training.
Everyone is also entitled to access to healthcare services.
School attendance is compulsory for children of both sexes, under the conditions determined by law.
The State and public communities ensure the education of children. They create conditions conducive to this education.
The State ensures the promotion and development of general public education, technical education and professional training as well as the expansion of all sectors, according to international standards of quality and in relation to the needs of the labor market.
Institutions, the secular private sector and religious communities may also contribute to the education of children, under the conditions determined by law.
The right of ownership is guaranteed to everyone.
No one should be deprived of their property if it is not for the purposes of public utility and under the condition of a reasonable and prior compensation.
Only the State, public communities and Ivoirian natural persons have the right to own rural land. Acquired rights are guaranteed.
The composition of rural land areas as well as the rules of ownership, surrender and transfer of holdings thereof are determined by the law.
The right of every citizen to free enterprise is guaranteed within the limits prescribed by law.
The State ensures the security of savings, capital and investment.
Everyone has the right to choose their profession or employment freely.
Everyone has equal access to public or private employment, according to qualities and skills. It is prohibited to discriminate in respect of access to employment or in the exercise thereof, on the basis of sex, ethnicity or political, religious or philosophical opinions.
Every citizen has the right to decent working conditions and fair pay.
No one may be deprived of their wages, by reason of taxation, beyond a quota whose level is determined by law.
Child labor is prohibited and punishable by law.
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.
The right to belong to a trade union and the right to strike is accorded to workers in the private sector and to officials of the Public Administration. These rights are exercised within the limits determined by law.
Citizens have the right to information and access to public documents, under the conditions prescribed by law.
Freedom of thought and freedom of expression, particularly, freedom of conscience, of philosophical and religious conviction or of worship are guaranteed to everyone. Everyone has the right to express and disseminate their ideas freely.
These freedoms are exercised subject to respect for the law, for the rights of others, for national security and for public order.
Any propaganda whose objective or outcome is to elevate one social group above another, or to encourage racial, tribal or religious, hatred is prohibited.
Freedoms of association, assembly and peaceful demonstration are guaranteed by law.
Every Ivoirian citizen has the right to move and settle freely in any part of the national territory.
Every Ivoirian citizen has the right to leave their country and return to it freely.
The exercise of this right may only be restricted by law.
No Ivoirian may be forced into exile.
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 State guarantees all citizens equal access to culture.
The freedom of artistic and literary creation is guaranteed.
Artistic, scientific and technical works of art are protected by law.
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.
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. They are equal in rights and subject to the same obligations.
Political parties and groups contribute to the exercise of the right to vote.
Political parties and groups organized along regional, religious, tribal, ethnic or racial lines are prohibited.
Legally constituted political parties and groups benefit from public funding, under the conditions defined by law.
Civil society is one of the components of the expression of democracy. It contributes to the economic, social and cultural development of the Nation.
It is recognized that everyone throughout the national territory has the right to a healthy environment.
The transit, importation or illegal storage and dumping of toxic waste on the national territory constitute crimes that are not subject to any statute of limitations.
The State is committed to respecting the Constitution, human rights and public freedoms. It ensures awareness and dissemination of them among the population.
The State takes the necessary measures to integrate the Constitution, human rights and public freedoms into school and university education programs as well as into the training of defense and security forces, and of officials of the Administration.
The State guarantees the right of democratic opposition.
On matters of national interest, the President of the Republic may solicit the opinions of opposing political parties and groups.
Concerning Ivoirians residing abroad, the State provides for their participation in the life of the Nation. It watches over their interests.
The family is the basic unit of the society. The State guarantees its protection.
Parental authority is exercised by the father and mother or, failing that, by any other person in accordance with the law.
The State is committed to guaranteeing the specific needs of vulnerable persons.
It takes the necessary measures to prevent the vulnerability of children, women, mothers, the elderly and persons with disabilities.
It is committed to guaranteeing the access of vulnerable persons to healthcare services, education, employment, culture, sports and leisure.
The State and public communities protect persons with disabilities against any form of discrimination. They promote their integration by facilitating their access to all public and private services.
The State and public communities ensure the protection of persons with disabilities against any form of degradation. They guarantee their rights in the educational, medical and economic spheres as well as in those of sports and leisure.
The youth are protected by the State and public communities against all forms of exploitation and abandonment.
The State and public communities create conditions conducive to the civic and moral education of the youth. They take all necessary measures to ensure the participation of young people in the social, economic, cultural, sports and political development of the country. They help the youth to integrate into active life by developing their cultural, scientific, psychological, physical and creative potential.
The State and public communities ensure the promotion, development and protection of women. They take the necessary measures to eliminate all forms of violence against women and girls.
The State works to promote the political rights of women by increasing their chances of access to representation in elected assemblies.
Detailed rules for the application of this Article are set forth in the law.
The State works to promote equality between men and women in the labor market.
The State encourages the promotion of women to decision-making positions in public institutions and administrations as well as at the enterprise level.
The State promotes the access of citizens to housing, under the conditions prescribed by law.
The state promotes the access of citizens to employment.
The defense of the Nation and of the integrity of the territory is a duty for all Ivoirians. It is exclusively ensured by the national defense and security forces, under the conditions determined by law.
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 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 State and public communities take the necessary measures to safeguard the fauna and flora.
Where there may be a risk of harm that could seriously and irreversibly affect the environment, the State and public communities are required to assess the potential harm and to adopt the necessary preventive measures by applying the precautionary principle.
The public bodies are required to promote, respect and ensure respect for good governance in the management of public affairs and of the prosecution of corruption and related offenses.
Any person entrusted with the functions of President of the Republic, Vice-President of the Republic, Prime Minister, national Institution President or Head, member of the Government, member of the Constitutional Council, parliamentarian, magistrate or any person holding high-ranking positions in public administration or in charge of the management of public funds, is required to declare their assets in accordance with the law.
The State and public communities must guarantee to everyone quality public service, meeting the demands of the public interest.
It is the duty of every resident to fulfill their tax obligations in accordance with the law.
The State takes the necessary measures to ensure the collection of taxes, the fight against tax evasion and fiscal fraud.
Public property is inviolable.
Everyone has the duty to respect and protect them.
Any citizen given a public mandate or in charge of a public office or a public service mission has the duty to execute it competently, conscientiously and loyally. They should be honest, impartial and neutral.
The holding of multiple offices is regulated under the conditions set forth in the law.
Everyone living in the national territory is required to respect the Constitution, laws and regulations of the Republic of Côte d'Ivoire.
The 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 of equal dimensions.
The national anthem is the "Song of Abidjan" (l’Abidjanaise).
The motto of the Republic is: Union, Discipline, Work.
The official language is French.
The Republic of Côte d'Ivoire is one and indivisible, secular, democratic and social.
The principle of the Republic of Côte d'Ivoire is the government of the people, by the people and for the people.
Sovereignty resides in the people.
No section of the people or any individual may arrogate to itself or themselves the exercise thereof.
The people exercise their sovereignty by means of a referendum and by their elected representatives.
The conditions of recourse to the referendum as well as the procedures for the election of the President of the Republic and of the members of Parliament are determined by the Constitution and specified by an organic law.
The independent Commission responsible for organizing the referendum, the presidential, legislative and local government elections, under the conditions prescribed by law, is an independent administrative authority. A single law determines its responsibilities, its organization and operating procedures.
The Constitutional Council reviews the regularity of the operations of the referendum, of the election of the President of the Republic and of the Members of Parliament.
The right to vote is universal, free, equal and secret.
Voters are, under the conditions determined by law, all Ivoirian nationals of both sexes of at least eighteen years of age and enjoying their civil and political rights.
The Executive is composed of the President of the Republic, the Vice President of the Republic and the Government.
The President of the Republic is the Head of State. He is the embodiment of national unity. He ensures respect for the Constitution. He ensures the continuity of the State. He is the guarantor of national independence, of the integrity of the territory and of respect for international commitments.
The President of the Republic is elected for a five-year term by direct universal suffrage. He is eligible for re-election only once.
He chooses a Vice-President of the Republic, in agreement with Parliament.
A candidate for the presidential election must enjoy full civil and political rights and must be at least thirty-five years of age. They must be exclusively of Ivorian nationality, born to a father or mother of Ivorian origin.
The President of the Republic is elected by a two-round majority vote. The election of the President of the Republic is decided by an absolute majority of votes cast.
The first round of voting takes place on the last Saturday of October of the fifth year of the incumbent President's term.
If an absolute majority is not obtained in the first round, a second round is held. Only the two candidates who received the most votes in the first round may stand in the second round.
The second round takes place on the last Saturday of November of the fifth year of the incumbent President's term.
The candidate who receives the most votes in the second round is elected.
In the event of a tie between the two candidates in the second round, the candidate who received the most votes in the first round will be declared elected.
The convocation of the electors is made by decree in the Council of Ministers.
If, before the first round, one of the candidates approved by the Constitutional Council is unable to run or dies, the Constitutional Council may postpone the election within seventy-two hours of being notified by the Independent Electoral Commission.
In the event of the death or incapacitation of one of the two candidates who received the most votes in the first round, the President of the Independent Electoral Commission shall immediately notify the Constitutional Council, which shall decide, within seventy-two hours of being notified, whether to resume all electoral operations.
In both cases, the election of the President of the Republic shall be held within a period not exceeding thirty days from the date of the Constitutional Council's decision.
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 Vice-President of the Republic attends the swearing-in ceremony.
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. During this public ceremony, he receives the attributes of his function and on this occasion delivers a message to the Nation.
The expression of the oath is:
"Before the sovereign people of Côte d'Ivoire, I solemnly swear and upon my honor to respect and defend the Constitution, to be the embodiment of national unity, to ensure the continuity of the State and to defend its territorial integrity, to protect the Rights and Freedoms of the citizens, to fulfill conscientiously the duties of my office in the best interests of the Nation. May the people withdraw their confidence in me, and may I be subject to the full force of the law, if I betray my oath."
The powers of the incumbent President of the Republic expire on the date of the assumption of office by the elected President of the Republic.
Upon taking office and at the end of his mandate, the President of the Republic is required to produce an authentic declaration of his assets before the Court of Auditors.
During the performance of his official duties, the President of the Republic may not, by himself or by anyone else, acquire or lease anything that belongs to the domain of the State and to the public communities without prior authorization of the Court of Auditors under the conditions set forth in the law.
The President of the Republic may not tender to the markets of the State and public communities.
The official duties of President of the Republic are incompatible with the exercise of any parliamentary mandate, public-sector employment and any professional activity.
In the event of a vacancy in the Presidency of the Republic due to the death, resignation, or permanent incapacity of the President of the Republic, the Vice-President of the Republic shall become President of the Republic. Before assuming office, the Vice-President shall take an oath before the Constitutional Council, convened in a solemn session.
The permanent incapacity of the President of the Republic, due to their inability to perform their duties, shall be immediately declared by the Constitutional Council, upon referral by the Government approved by a majority of its members.
The new President of the Republic shall complete the term of the outgoing President of the Republic. The Vice-President may not make use of Articles 70, 75, paragraph 1, and 177. The Vice-President of the Republic, while acting as President of the Republic, may not appoint a Vice-President for the remainder of the term.
In the event of the death, resignation, or permanent incapacity of the Vice-President of the Republic, the President of the Republic appoints a new Vice-President.
In the event of the death, resignation, or permanent incapacity of the Vice-President of the Republic, resulting in a vacancy in the Presidency of the Republic, the functions of President of the Republic are exercised by the Prime Minister. The Prime Minister completes the term of the elected President of the Republic. The Prime Minister may not make use of Articles 70, paragraph 2, 75, paragraph 1, and 177 of the Constitution.
The President of the Republic is the exclusive holder of executive power.
The President of the Republic sets and implements national policy.
The President of the Republic ensures the enforcement of laws and court decisions. He makes regulations applicable to the entire territory of the Republic.
The President of the Republic has the right to grant pardon.
The President of the Republic is the head of the Administration. He appoints civilian and military posts.
The President of the Republic is the Supreme Head of the Armed Forces. He presides over the Councils, Defense and Security Committees.
The President of the Republic accredits ambassadors and extraordinary envoys to foreign powers and international organizations. Ambassadors and extraordinary envoys are accredited to him.
The President of the Republic appoints the Prime Minister, Head of Government. He also terminates the official duties of the latter.
On the proposal of the Prime Minister, the President of the Republic appoints the other members of the government and determine their responsibilities. He terminates their official duties under the same conditions.
The President of the Republic presides over the Council of Ministers.
The Council of Ministers is bound to deliberate on:
bills, statutes and regulatory decrees;
appointments to senior State posts, the list of which is established by law.
Draft laws and statutes may be submitted by the President of the Republic to the Constitutional Council for opinion before being examined by the Council of Ministers.
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.
Should the institutions of the Republic, the independence of the Nation, the integrity of its territory or the execution of its international commitments become seriously and immediately threatened, and the regular functioning of the constitutional public bodies be interrupted, the President of the Republic takes the exceptional measures required by these circumstances, after consultation with the President of the National Assembly, President of the Senate and the President of the Constitutional Council.
He informs the Nation thereof by message.
Parliament meets without requiring to be convened.
The end of the crisis is recognized by a message from the President of the Republic to the Nation.
The President of the Republic has the power to initiate legislation, concurrently with the members of Parliament.
He ensures the promulgation of laws within thirty days of their transmission to him after final adoption. This period is reduced to five days in cases of emergency.
A law not promulgated by the President of the Republic before the expiry of the periods stipulated in this article is declared enforceable by the Constitutional Council, upon referral by the President of one of the two chambers of Parliament, if it conforms to the Constitution.
The President of the Republic may, before the expiry of these periods, request Parliament to deliberate on the law or certain of its articles. This second deliberation cannot be refused.
He may also, within the same time limits, request and obtain, as of right, that this deliberation take place only during a session following the one during which the text was adopted on first reading.
The vote for this second deliberation requires an absolute majority of the sitting members of Parliament, meeting in Congress.
The President of the Republic, after consulting the Joint-Conventions Bureau, may submit to referendum any draft or matter that he deems to demand direct consultation with the people.
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 may, by decree, delegate some of his powers to the Vice-President of the Republic, the Prime Minister and to other members of the Government.
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. This delegation of powers must be limited in time and focus on a specific matter.
The Vice-President of the Republic must enjoy full civil and political rights and must be at least thirty-five years of age.
He/She must be exclusively of Ivorian nationality, born to a father or mother of Ivorian origin.
Before assuming office, the Vice-President of the Republic, chosen by the President of the Republic in accordance with Article 55, shall take an oath before the Constitutional Council, convened in a solemn session, and in the presence of the President of the Republic.
The oath shall be:
"I solemnly swear on my honor to respect the Constitution, to conscientiously fulfill the duties of my office in strict compliance with its obligations, and with loyalty to the President of the Republic. May the President of the Republic withdraw his confidence in me if I betray my oath."
The provisions of Articles 60 and 61 of this Constitution shall apply to the Vice-President of the Republic.
The Vice-President of the Republic acts by delegation on behalf of the President of the Republic.
The Vice-President of the Republic replaces the President of the Republic whenever the latter is outside of the national territory. In such a case, the President of the Republic may, by decree, delegate to him the presidency of the Council of Ministers, on a specific agenda.
The Government is composed of the Prime Minister, Head of Government, and the ministers.
The Government is responsible for the implementation of national policy, such as is defined by the President of the Republic.
The Prime Minister organizes and coordinates government action.
The Prime Minister presides over the Council of Government, a preparatory meeting of the Council of Ministers.
The Prime Minister replaces the President of the Republic whenever the latter and the Vice-President of the Republic are outside of the national territory.
The Prime Minister and the ministers are jointly and severally accountable to the President of the Republic.
The resignation of the Prime Minister, the Head of Government, entails that of the entire Government.
The official duties of member of the Government are incompatible with the exercise of any public-sector employment and any professional activity.
A member of Parliament appointed as a member of the Government may not sit in Parliament during his ministerial duties.
The provisions of Article 60 paragraphs 2 and 3 apply to members of the Government during their official duties.
Legislative power is exercised by the Parliament. The Parliament is composed of the National Assembly and Senate.
The deputies in the National Assembly are elected by direct universal suffrage for five years.
The Senate ensures the representation of territorial communities and of Ivoirians established outside of Côte d'Ivoire.
Senators are elected, for two thirds, by indirect universal suffrage. One third of the senators is appointed by the President of the Republic among Ivoirians recognized for their expertise and proven competence in the political, administrative, economic, scientific, cultural, sports, professional and social fields.
The term of office for senators is five years.
All parliamentarians are subject to the obligation of fiscal regularity.
The duration of the legislature is five years for each of the two houses.
The parliamentary mandate is renewable.
The Presidents of the National Assembly and the Senate are respectively elected for the duration of the legislature.
The powers of each chamber expire at the end of the ordinary session of the last year of its legislature.
Elections of members of parliament and senators are held before the expiration of the powers of each chamber.
However, if it is impossible to organize elections of members of parliament and senators before the expiration of the powers of each chamber, Parliament remains in office until said elections are held.
An organic law determines the number of members of each chamber, the conditions of eligibility and appointment, the rules regarding ineligibility and incompatibility, the voting procedures, and the conditions under which new elections must be held or new appointments made in the event of a vacancy in a member of parliament or senator's seat.
The amount of allowances and benefits for members of parliament is determined by the organic law.
No member of Parliament may be prosecuted, searched for, arrested, detained or tried in connection with opinions or votes cast by him in the performance of his official duties.
No member of Parliament may, during the sessions, be prosecuted or arrested in criminal or correctional matters without the authorization of the house of which he is a member, except in the case of flagrante delicto.
No member of Parliament may be arrested out of session without the authorization of the bureau of the house of which he is a member, except in cases of flagrante delicto, authorized prosecution or final convictions.
The detention or prosecution of a member of Parliament is suspended if the house of which he is a member so demands.
Parliament enacts legislation and approves taxes.
It monitors the government’s action and assesses public policy.
Parliament shall convene annually in ordinary session.
The session of the National Assembly begins on the first working day of April and ends on the last working day of December.
The session of the Senate begins seven working days after that of the National Assembly and ends seven working days before the close of the National Assembly session.
Each chamber shall determine the number of sittings it may hold during the ordinary session.
Parliament is convened in extraordinary session by the President of each house on a set agenda, by the request of the President of the Republic or an absolute majority of its members.
Extraordinary sessions are adjourned as soon as the agenda is exhausted.
Each parliamentarian is the representative of the entire nation.
Any imperative mandate is null and void.
The right of Members of Parliament to vote is personal. However, proxy voting is permitted when a member of Parliament is prevented by illness, by the performance of a mandate or a mission entrusted to him by the Government or the Parliament, by fulfilling his military obligations or by any other justified reason. No person may receive more than one proxy vote.
The sittings of both houses of Parliament are public.
However, each House may sit in on closed committee meetings at the request of the President of the Republic or of at least one-third of its members.
The full account of the debates of each house is published in the Official Gazette of the Republic of Côte d’Ivoire.
The National Assembly and the Senate meet in Joint Session at the request of the President of the Republic.
The President of the National Assembly presides over the Joint Session. He is assisted by the President of the Senate, who is the Vice-President of the Joint Session.
The meeting venue is that of the National Assembly.
Each house draws up its own rules of procedure.
Before their entry into force, the rules or procedure of each house along with their subsequent amendments are submitted to the Constitutional Council, which decides on their conformity with the Constitution. The Constitutional Council makes it decision within fifteen days.
The parliamentary opposition has rights guaranteeing it an adequate and effective representation in all the bodies of Parliament.
The law establishes the rules concerning:
The law determines the fundamental principles of:
Organic laws are those whose purpose is to specify or supplement the provisions relating to the organization or operation of the institutions, structures and systems planned or qualified as such by the Constitution.
They are voted on and amended under the following conditions:
a draft bill or proposed organic law is adopted under the same conditions by each of the two houses by an absolute majority of its members in office. However, in the absence of agreement between the two houses, the draft may not be adopted by the National Assembly at the last reading except there be a majority of two-thirds of its members in office;
organic laws may only be promulgated after the Constitutional Council has declared their compliance with the Constitution.
Matters other than those within the purview of legislature come under statutory jurisdiction.
Legislative drafts in these matters prior to the enforcement of this Constitution may be amended by decree made after the opinion of the Constitutional Council.
Declaration of war is authorized by Parliament.
In case of disagreement between the two houses, the decision is made by the National Assembly.
A state of siege is decreed in the Council of Ministers. Parliament meets as of right if it is not in session.
Prorogation of a state of siege beyond fifteen days may be authorized only by Parliament; each of the two houses declaring by a simple majority of the members in office.
In case of disagreement between the two houses, the deciding vote is that of the National Assembly.
The President of the Republic may, for the execution of his program, request authorization to take, by ordinance, for a limited period, measures normally falling within the purview of legislature.
Ordinances are made in the Council of Ministers after a possible opinion of the Constitutional Council. They enter into force as soon as they are published but become obsolete if the bill of ratification is not filed before the date set by the enabling legislation.
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.
Members of Parliament have the right of amendment.
Proposals and amendments tabled by members of Parliament are not admissible if their adoption implies either a decrease in public resources or in the creation or aggravation of a public office, unless they are accompanied by a proposal for increase in equivalent revenues or savings.
Proposals and amendments outside the purview of legislature are inadmissible. Inadmissibility is declared by the President of each house.
In case of dispute, the Constitutional Council, referred to by the President of the Republic or by at least a tenth of the parliamentarians, makes a decision within eight days of its referral.
Bills and proposed laws are submitted to one of the two chambers.
Bills and proposed laws are examined by the committees of each chamber.
A chamber, upon receiving a text passed by the other chamber, deliberates on the text transmitted to it.
However, the debate on bills before the first chamber to receive them focuses on the text presented by the President of the Republic.
Any draft bill or proposed bill is examined successively by both houses of Parliament for the purpose of adopting an identical draft.
The draft budget bill is submitted first to the National Assembly.
Draft bills or proposed bills relating to territorial communities are submitted first to the Senate.
If, as a result of a disagreement between the two houses, a draft bill or proposed bill cannot be adopted after two readings by each house or, if the President of the Republic declares that the matter is urgent after only one reading in each house, the President of the Republic may call a meeting of the joint committee of equal representation that proposes a draft on the remaining provisions under discussion.
The draft prepared by the joint committee of equal representation may be submitted by the President of the Republic for approval by both houses. No amendment is accepted unless approved by the President of the Republic.
If the joint committee of equal representation fails to adopt a common draft or if disagreement persists between the two houses over the adoption of the draft, the President of the Republic asks the National Assembly to make a definitive decision on the draft. In this case, the National Assembly may take over either the draft prepared by the joint committee of equal representation or the last draft voted on by it, amended as necessary by one or more of the amendments adopted by the Senate.
The Parliament votes on the appropriation bill under the conditions determined by the organic law.
The Parliament is seized of the appropriation bill before the end of the ordinary session. The appropriation bill must provide the necessary revenues for complete coverage of expenditures.
The Parliament votes on the balanced budget.
If the National Assembly does not reach a decision at the first reading within a period of forty days after the filing of the bill, the President of the Republic refers the matter to the Senate, which makes a decision within fifteen days. It thereafter comes under the conditions prescribed in Article 110.
If the Parliament does not reach a decision within a period of seventy days, the bill may be put into force by order.
The President of the Republic, for ratification, refers to the Parliament convened in an extraordinary session, within a period of fifteen days.
If the Parliament has not voted on the budget at the end of this extraordinary session, the budget is definitively established by order.
If the appropriation bill could not be submitted in time to be promulgated before the beginning of the financial year, the President of the Republic requests Parliament’s authorization urgently to resume the budget for the previous year by the provisional one-twelfth.
Before their promulgation, laws may be referred to the Constitutional Council by the President of the Republic, the President of the National Assembly or the President of the Senate or at least one tenth of the deputies or senators or by parliamentary groups.
Legally constituted human rights associations may also refer, to the Constitutional Council, before their promulgation, laws relating to civil liberties.
Before their promulgation, laws relating to public freedoms are transmitted to the body in charge of the defense of human rights.
Referral to the Constitutional Council suspends the time limit for promulgation.
The Constitutional Council rules within fifteen days from the date of its referral.
Every year, the President of the Republic delivers to the Parliament a message on the state of the Nation. This message may be read by the Vice-President of the Republic.
The message of the President of the Republic is not the subject of any debate.
The President of the Republic communicates with the National Assembly and the Senate either directly or through messages that he had the Vice-President of the Republic read in each of the houses of Parliament.
These messages are not the subject of any debate.
Members of the Government have access to the committees of Parliament. They are heard at the request of the committees.
They may be attended by commissioners of the Government.
The Parliament is informed of government action by means of oral questions, written questions, the committee of inquiry and the assessment mission.
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 President of the Republic may delegate to the Head of Government and to the ministers the power to reply to questions from members of Parliament.
Under the circumstances, Parliament may adopt a resolution to make recommendations to the Government.
Parliament settles the accounts of the Nation in accordance with the provisions of the appropriation law.
The discharge bill must be tabled in Parliament no later than one year after the implementation of the budget.
The Court of Auditors assists the Parliament and the Government in the supervision of the appropriation law and within its spheres of competence.
The President of the Republic negotiates and ratifies international treaties and agreements.
The President of the Republic is informed of any negotiation for the conclusion of an international agreement not subject to ratification.
Peace treaties, treaties or agreements relating to the establishment of international organizations, those that modify the internal laws of the State, may only be ratified by a law.
Governing legislation for the purpose of ratification is subject to review by the Constitutional Council.
The Republic may recognize the jurisdiction of the International Criminal Court under the conditions prescribed by the Treaty signed on 17 July 1998.
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.
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.
The Republic of Côte d'Ivoire may conclude association or integration agreements with other African states including the partial relinquishment of sovereignty with a view to achieving African unity.
The Republic of Côte d'Ivoire agrees to establish with these States, intergovernmental organizations for joint management, coordination and free cooperation.
The objectives of the organizations referred to in Article 124 may notably include:
establishment of customs unions;
creation of solidarity funds;
harmonization of development plans;
harmonization of foreign 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;
cooperation in the field of health;
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 Constitutional Council is a constitutional jurisdiction. It is independent and impartial.
The Constitutional Council is the organ regulating the functioning of public bodies.
The Constitutional Council is the judge of the conformity of the law with the constitutionality block.
The Constitutional Council is the judge of the supervision of the presidential and parliamentary elections.
The Constitutional Council rules on:
the eligibility of candidates for parliamentary elections. The final list of candidatures for elections of deputies and senators are established and published by the independent Commission responsible for the elections;
disputes relating to the election of the President of the Republic, deputies and senators;
the disqualification of deputies and senators.
The Constitutional Council declares the final results of the presidential election.
It supervises the regularity of referendum operations and declares the results.
The Constitutional Council is composed of:
the former Presidents of the Republic, with the exception of an express waiver on their part;
six councilors, three of whom are appointed by the President of the Republic, two by the President of the National Assembly and one by the President of the Senate.
The Constitutional Council is renewed by half every three years.
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.
Before taking office, he takes an oath on the Constitution before the President of the Republic, in these 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 Constitutional Council."
The councilors are appointed for a non-renewable period of six years by the President of the Republic among persons recognized for their proven competence and expertise in legal or administrative affairs.
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 first Constitutional Council is composed of:
three councilors, one of whom designated by the President of the National Assembly, appointed for six years by the President of the Republic.
The official duties of member of the Constitutional Council are incompatible with the exercise of any political function, any public-sector employment or elective mandate and any professional activity. Any Constitutional Council member found in any of the cases of incompatibility is dismissed ex officio.
In the event of death, resignation or absolute incapacity for any cause whatsoever, the President and the advisers are replaced, within a period of eight days, for the remainder of the term of office.
No member of the Constitutional Council may be prosecuted, arrested, detained or judged for criminal or correctional matters during their term of office, without the authorization of the Council, except in cases of flagrante delicto.
Upon referral by the President of the Republic, bills or proposals may be submitted to the Constitutional Council for an opinion.
Upon referral by the President of the National Assembly or the President of the Senate, bills or proposals may be submitted to the Constitutional Council for an opinion.
International agreements referred to in Article 120, before their ratification, constitutional laws adopted by Parliament, organic laws before their promulgation, and the rules of procedure of parliamentary assemblies before their implementation, must be referred by the President of the Republic, the President of the National Assembly, or the President of the Senate to the Constitutional Council, which rules on their conformity with the Constitution.
Referral to the Constitutional Council suspends the time limit for promulgation or implementation.
Any litigant may, by way of exception, raise the unconstitutionality of a law before any court.
The court to which the challenge of the law is raised stays the proceedings and gives the litigant fifteen days to bring the matter before the Constitutional Council. At the expiration of this period, if the applicant reports no evidence of referral to the Council, the court makes its ruling.
An organic law determines the rules for the organization and functioning of the Constitutional Council, the procedure and time-limits for giving its decisions.
If a matter is referred to the Constitutional Council by way of action, a law or provision declared unconstitutional may not be promulgated or implemented. The law or provision unconstitutional is null and void with respect to everyone.
If a matter is referred to the Constitutional Council by way of exception, the Constitutional Council's decision is binding on everyone, not just the parties to the proceedings. The law or provision declared unconstitutional by the Constitutional Council is repealed.
A provision declared unconstitutional on the basis of paragraph 2 of this article is repealed as of the publication of the Constitutional Council's decision or a later date set by that decision. The Constitutional Council determines the conditions and limits under which the effects produced by the provision may be challenged.
The decisions of the Constitutional Council are final and not subject to appeal. They are binding on public authorities and all administrative and judicial authorities.
Decisions of the Constitutional Council are not subject to appeal. They apply to the public bodies, to any administrative, judicial, military authority and to any natural or legal person.
The judicial power is independent.
The President of the Republic is the guarantor of the independence of judicial power. He is assisted by the Superior Council of the Magistracy.
Magistrates on the bench are irremovable. They may not be transferred without their consent, unless operational requirements dictate otherwise. They may not be dismissed, suspended from their official duties, or subject to disciplinary action except in the case of a breach of their obligations and only after reasoned decision taken by the Superior Council of the Magistracy.
The magistrate is protected against all forms of interference, pressure, interventions or maneuvers, proving harmful to the accomplishment of his mission. Should he consider his independence threatened, the Judge has the right to appeal to the Superior Council of the Magistracy.
The judge obeys only the authority of the law.
The magistrate must be competent. He must demonstrate impartiality, neutrality and honesty in the exercise of his official duties. Any breach of these official duties constitutes professional misconduct.
The magistrate is protected in his honor, dignity and security on the occasion of, or during, the exercise of his official duties, in particular against insults, provocations and threats to which he may be subjected.
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.
Justice is administered throughout the national territory, in the name of the Ivorian people, by the Court of Cassation, the Council of State, the Court of Auditors, the Courts of Appeal, the Courts of First Instance, the Administrative Courts and the Regional Chambers of Accounts.
The Court of Cassation, the Council of State, and the Court of Auditors are the jurisdictional institutions representing the judicial power.
The Superior Council of the Magistracy is presided over by a person appointed by the President of the Republic of the High Judges in office or on retirement.
The Superior Council of the Magistracy:
The decisions of the Superior Council of the Magistracy are subject to appeal.
An organic law determines the composition, organization, and operation of the Superior Council of the Magistracy.
The Court of Cassation ensures the application of the law by the courts of the judicial system.
The Council of State ensures the application of the law by the courts of the administrative system.
The Court of Cassation is the highest court of the judicial system. It has final jurisdiction over appeals in cassation against decisions rendered at last instance by the courts and tribunals of the judicial system.
The Council of State is the highest court in the administrative system. It has final jurisdiction over decisions rendered at last instance by administrative courts and by specialized administrative courts in matters of administrative litigation.
The Council of State has original and final jurisdiction over appeals for the annulment of acts of central administrative authorities and bodies with national jurisdiction.
It also performs an advisory function. In this capacity, it may be consulted by the President of the Republic for its opinion on any matter of an administrative nature.
The President of the Court of Cassation and the President of the Council of State are appointed by the President of the Republic for a five-year term, renewable once, from among individuals recognized for their proven competence and expertise in legal matters.
The composition, powers, organization, and operation of the Court of Cassation and the Council of State are determined respectively by an organic law.
The Court of Auditors is the supreme audit institution.
It has jurisdictional, supervisory and advisory responsibilities.
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 President of the Court of Auditors is appointed by the President of the Republic for a renewable period of five years once from among personalities recognized for their competence and proven expertise in economics, management, accounting or public finances.
The composition, responsibilities, organization and functioning of the Court of Auditors are determined by an organic law.
Judicial decisions are binding. They apply to the public bodies, to any administrative, judicial, military authority and to any natural or legal person.
Public bodies are obliged to enforce them and to see to their enforcement.
The High Court of Justice is a court of exceptional jurisdiction.
It judges the President of the Republic, the Vice-President of the Republic and members of the Government.
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 High Court of Justice is competent to judge the Vice-President of the Republic and members of the Government, on account of acts qualified as crimes or offenses committed in the exercise of their official duties.
The High Court of Justice is bound by the definition of crimes and offenses as well as by the determination of sentences according to the penal law in force at the time the acts were committed.
The High Court of Justice is composed of members elected in equal numbers from among their members by the National Assembly and the Senate, from the first session of the legislature. It is presided over by the President of the Court of Cassation.
Indictment of the President of the Republic, the Vice-President of the Republic and members of the Government is voted on by secret ballot by Parliament, by a two-thirds majority for the President of the Republic and by an absolute majority for the Vice-President of the Republic and members of the Government.
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.
The Economic, Social, Environmental and Cultural Council gives its opinion on draft laws, ordinances or decrees as well as on draft proposals submitted to it.
Economic, social, environmental and cultural draft laws are submitted to it for its opinion.
The President of the Republic may consult the Economic, Social, Environmental and Cultural Council on any Economic, social, environmental and cultural problems.
The composition of the Economic, Social, Environmental and Cultural Council and the rules of its functioning are governed by an organic law.
A mediation body is hereby established, called "The Mediator of the Republic", Administrative authority with a public service mission. The Mediator of the Republic does not accept instructions from any authority.
The Mediator of the Republic is the gracious intercessor between the Administration and the constituents.
The Mediator of the Republic is appointed by the President of the Republic for a non-renewable six-year term upon the recommendation of the President of the National Assembly and the President of the Senate.
In the event of death, resignation or absolute incapacity established by the Constitutional Council, referred to by the President of the Republic, he is replaced within a period of eight days.
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.
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 responsibilities, organization and functioning of the Mediator of the Republic are determined by an organic law.
The territorial communities are the regions and municipalities.
Other territorial communities are created and abolished by law.
The law determines the fundamental principles of the free administration of territorial communities, of their competences and their resources.
In territorial communities, the Prefect is the representative of the State. He is responsible for the national interests, compliance with laws and for the supervision of guardianship.
No territorial collectivity may exercise guardianship over another.
Territorial communities benefit from resources that they may freely dispose of under the conditions set forth in the law. They may receive all or part of the revenues from taxes of any kind.
Taxes and other resources owned by territorial communities represent a crucial part of their total resources.
Any transfer of powers between the State and the territorial communities is accompanied by the allocation of resources equivalent to those that were given over to the exercise of those powers.
Traditional chieftaincy is represented by the National House of Kings and Traditional Chiefs. The National House of Kings and Traditional Chefs is the Institution regrouping all the Traditional Kings and Chiefs of Côte d’Ivoire.
It is notably responsible for:
the promotion of the ideals of peace, development and social cohesion;
the non-judicial settlement of conflicts in villages and between communities.
The traditional chieftaincy participates, under the conditions determined by a law, in the administration of the territory.
The composition of the National House of Traditional Kings and Chiefs and the rules of its functioning are governed by an organic law.
The power to initiate constitutional revisions is shared by the President of the Republic and the members of Parliament.
The draft bill or proposed law for constitutional revision is submitted to one of the two chambers of Parliament and examined under the conditions set forth in Article 109.
To be considered, the draft bill or proposed revision must be passed by an absolute majority of the members of Congress.
The constitutional revision is final only after being approved by referendum by an absolute majority of votes cast.
However, the draft bill or proposed revision is not submitted to a referendum when the President of the Republic decides to submit it to Parliament. In this case, the draft bill or proposed revision is adopted only if it receives a two-thirds majority of the members of Congress actually in office.
The text containing the constitutional revision, approved by referendum or by parliamentary means, is promulgated by the President of the Republic and published in the Official Gazette of the Republic of Côte d'Ivoire.
No review proceedings may be instituted or continued where the integrity of the territory has been compromised.
The republican form of government and the secularism of the state may not be subject to revision.
The President of the Republic in office on the date of the promulgation of this Constitution appoints the Vice-President of the Republic, upon verification of his eligibility by the Constitutional Council. The President of the Republic dismisses him from office.
The Vice-President of the Republic so appointed is sworn in, under the conditions set forth in the law, before the Constitutional Council, in a formal sitting.
In the event of the vacancy of the Presidency of the Republic by death, resignation or absolute incapacity of the President of the Republic, the official duties of President of the Republic are exercised by the Vice-President of the Republic.
The new President of the Republic completes the term of office of the elected President of the Republic. He may not make use of articles 70, 75 paragraph 1 and 177. The Vice-President of the Republic acting as President of the Republic may not appoint a vice-president for the remainder of the term of office.
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.
Until the establishment of the new institutions, the existing institutions shall continue to exercise their functions and powers in accordance with the laws and regulations in force.
The powers of the Supreme Court shall be transferred respectively to the Court of Cassation, with regard to judicial disputes, and to the Council of State, with regard to administrative disputes.
The term of office of the Parliament elected after the entry into force of this Constitution shall end in December 2020. However, if it is impossible to organize the elections of the deputies and senators by that date, Parliament shall remain in office until said elections are held.
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.
This Constitution enters into force from the date of its promulgation by the President of the Republic.
It is published in the Official Gazette of the Republic of Côte d'Ivoire.