Equatorial Guinea 1991 (rev. 1995)

Source of constitutional authority, Motives for writing constitution, Preamble


God or other deities

We, the people of Equatorial Guinea, conscious of our responsibility before God and history;

Driven by the will to safeguard our independence, organize and consolidate our national unity;

Desirous of upholding the authoritic African spirit of family and community set-up adapted to the new social and legal structures of the modern world;

Conscious of the fact that the charismatic authority of the traditional family is the foundation of the Equato-Guinean Society;

International human rights treaties

Firmly support the principles of social justice and solemnly reaffirm our attachment to the mental freedoms enshrined in the universal Declaration of Human Rights of 1948;

By virtue of these principles and the free determination of the people;

Adopt the following Constitution of the Republic of Equatorial Guinea.

PART ONE. Fundamental Principles of the State

Article 1

Type of government envisioned

Equatorial Guinea shall be a sovereign, independent, republican, unitary, social and democratic state, its supreme values shall be unity, peace, justice, freedom and equality.

Multipartism shall be recognized.

Its official appellation shall be: THE REPUBLIC OF EQUATORIAL GUINEA.

Claim of universal suffrage

Article 2

National sovereignty shall be vested in the people who shall exercise same through election by universal suffrage. Likewise, the duties of the authorities responsible for the management of the state shall be determined by the supreme law and others. No section of the people or any individual shall arrogate to itself or to himself the exercise thereof.

Article 3

The territory of Equatorial Guinea shall comprise: the main land zone known as Río Muni; the Island of Bioko, Annobón, Corisco, Elobey Grande and Elobey Chico; the adjacent Islets; the fluvial waters; the maritime zone and the continental platform which shall be determined by the law and air space covered.

Ownership of natural resources

The State shall fully exercise its sovereignty and shall be reserved the exclusive rights to explore and exploit all mineral resources and hydrocarbons.

The national territory shall be unalienable and invincible.

Municipal government, Subsidiary unit government

The State shall (for administrative and economic purposes) be divided into regions, provinces, districts and municipalities.

Municipal government, Subsidiary unit government

The law shall delimit and denominate the regions, provinces, districts and municipalities. It shall equally determine the space to be occupied by each zone.

Article 4

Official or national languages, Protection of language use

The official language of the Republic of Equatorial Guinea shall be Spanish. Aboriginal languages shall be recognized as an integral part of its national culture.

National flag

Its flag shall be three equal horizontal stripes of green, white and red charged with a blue triangle at the extremity close to the flagpole. Its shield shall be engraved in the center of the flag.

Its shield shall establish the law.

National motto

Its motto shall be: UNITY, PEACE, AND JUSTICE.

National anthem

Its national anthem shall be the hymn dedicated to the fatherland on October 12, 1968, day of its proclamation of independence.

Article 5

The principles that shall govern the Equato-Guinean society shall be:

  1. Human dignity
    The respect of individual, his dignity, freedom and other fundamental rights;
  2. The protection of the family, the basis of the Equato-Guinean society;
  3. Equality regardless of gender
    The recognition of all rights and gender equality;
  4. The protection of labor;
  5. The promotion of the economic development of the nation;
  6. The promotion of the social and cultural development of all Equato-Guineans.
Right to enjoy the benefits of science, Reference to science, Protection of environment, Reference to art, Right to culture

Article 6

The State shall encourage and promote culture, the arts and scientific and technological research, and shall ensure the conservation of nature, the cultural heritage and the artistic and historical riches of its nations.

Right to culture

Article 7

The State shall define the sovereignty of its nation, strengthen its unity and ensure the respect of fundamental rights and the promotion of the economic, social and cultural progress of its citizens.

International organizations, International law

Article 8

The State shall endeavor to follow the principles of international law and shall reaffirm its attachment to the rights and obligations enshrined in the characters of international organizations and bodies of which it shall be member.

Article 9

Right to form political parties

Political parties shall be integral political organizations of persons who shall associate freely to participate in the political orientation of the State. They shall represent multipartism and democracy, and shall thus express popular will as the basis of any political participation.

Prohibited political parties, Restrictions on political parties

Its political parties shall not be allowed to have appellations similar to those that existed before October 12, 1968; their ambitions and perspectives shall have to be nationalistic and shall therefore, not be based on tribe, ethnic inclinations, religion, gender, district, municipality, social condition or profession. The law shall regulate their creations and functioning.

Article 10

The right to unemployment shall be recognized and exercised as stipulated by the law.

Duty to obey the constitution

Article 11

Citizens, public authorities, political parties, trade be subject to the fundamental laws and legal provisions.

Requirements for birthright citizenship

Article 12

The law shall determine the legal system that shall apply to the right to nationality, citizenship and the condition of foreigners.

Article 13

Every citizen shall enjoy the following rights and freedoms:

  1. Human dignity, Right to life
    The respect of his person, life, integrity and physical and moral dignity. Capital punishment shall only be applied for crimes condemned by the law;
  2. Freedom of expression
    Freedom of expression;
  3. General guarantee of equality, Equality regardless of gender
    Equality before the law. Women, irrespective of their civil status, shall have the same rights and opportunities as her male counterpart at the political, economic, social and cultural levels, and at all levels of life; public, private or family;
  4. Freedom of movement
    Freedom of movement and residence;
  5. Right to protect one's reputation
    Honour and good reputation;
  6. Freedom of religion
    Freedom of religion and worship;
  7. Right to privacy
    The inviolability of the home and the privacy of all correspondence;
  8. Right of petition
    The submission of petitions to the state;
  9. Freedom of expression
    The right to speak;
  10. Right to fair trial
    The right to a fair hearing before the courts;
  11. Freedom of assembly, Right to strike, Freedom of association
    Freedom of association, of assembly and the right to strike;
  12. Right to choose occupation
    Freedom of employment;
  13. The deprival of liberty except in the cases and according to the manner determined by law;
  14. The right to hear the charges levied on him;
  15. Presumption of innocence in trials
    The right to presume innocence until found guilty during hearing;
  16. Protection from self-incrimination
    No person shall arrogate to himself the right to do justice;
  17. Prohibition of double jeopardy
    Shall not be judged or condemned twice for the same offence;
  18. Protection from unjustified restraint
    Shall not be condemned without proof, nor deprived of the right to defense;
  19. Shall not be punished for an act or omission.

Legislative provisions shall establish conditions under which these rights and liberties shall be exercised.

Human dignity

Article 14

The fundamental rights recognized in this chapter shall not exclude those guaranteed by the Fundamental Law, nor the others, which enunciate human dignity, the principle of sovereignty of the people or the social and democratic state of law and the republican form of government.

Equality regardless of religion, Equality regardless of gender, Equality regardless of tribe or clan, General guarantee of equality

Article 15

All acts of partiality or discrimination committed on the basis of tribe, gender, religion, and corruption and other or same shall be punishable by law.

Duty to serve in the military

Article 16

All Equato-Guineans shall have the obligation to honor the fatherland and defend its sovereignty, its territorial integrity and national unity, factors which contribute to the peace, national security and traditional Equato-Guinean values and protect national interests.

Military services shall be obligatory for all and shall be regulated by law.

Reference to fraternity/solidarity

Article 17

All Equato-Guineans shall have the obligation to live peaceful, respect the rights and obligations and contribute to the building of a just and fraternal society.

Article 18

All Equato-Guineans shall respect the State, its national anthem, its Head of State, its government and the institutions legally instituted.

Article 19

Duty to pay taxes

Every citizen shall pay taxes according to his revenues.

The expenses and revenues of the State and the investment programs shall be registered in each financial year within the annual budget elaborated in accordance with the legislation in force.

Duty to obey the constitution

Article 20

Every citizen shall have the obligation to respect and defend the Fundamental Law.

Right to found a family

Article 21

The State shall ensure the protection of the family as the foundation of the society and shall secure the moral, cultural and economic conditions favorable to the achievement of objectives.

Provision for matrimonial equality

It shall equally protect every matrimonial class.

The traditional family heritage shall be unalienable as determined by the law.

Right to health care

Article 22

The State shall ensure the protection of every person from birth, and foster his normal development and ensure his security for his moral, psychological and physical integration as well as his family life.

It shall encourage and promote primary health care as the cornerstone of the development of this sector.

Article 23

Compulsory education

Education shall be primordial to the State. Every person shall have the right to primary education people shall have the right to primary education which is obligatory and free.

Free education

Free education shall be instituted by law.

The State shall guarantee to every person, private body or religious institution the right to found schools provided he or it subjects oriented toward the official pedagogical plan.

Official education shall freely allow the institution of religious education, which is protected by the Constitution.

Education that shall be officially recognized may not orientate a program or propagate ideological or partisan tendencies.

Article 24

The State shall protect responsible paternity and ensure appropriate education to promote the family.

Right to work, Duty to work

Article 25

Work shall be a right and social obligation. The State shall recognize its role in improving on the well-being and development of its national resources conditions to eradicate poverty, misery and ensure the equal occupation of its national territory and shield its citizens from need.

The law shall define the conditions under which this right shall be exercised.

Right to competitive marketplace, Right to establish a business

Article 26

Its economic system shall be based on the principle of free exchange and the freedom of enterprise.

The law shall regulate the exercise of this freedom that should conform with the exigencies of economic and social development.

The State shall protect, guarantee and control foreign investment which contributes to the development of its nation.

Article 27

Its economy shall function under main sectors:

  1. The public sector comprising state-owned companies and mainly constituted of the exploitation of resources and services enumerated under article 28 of the Fundamental Law as well as other economic activities;
  2. The mix economic sector which integrates public and private capital for enterprises;
  3. The cooperative sector owned and managed by a community of persons working in these cooperatives. The State shall dictate the laws regulating and developing this sector;
  4. The private sector, which integrates companies owned by one or more physical persons or corporate bodies with private rights and, more generally, companies that do not fall under the sectors mentioned above.
Ownership of natural resources

Article 28

The resources and services reserved to the public sector shall be:

  1. Mines and hydrocarbons;
  2. Services in charge of distributing water and electricity;
  3. Telecommunications
    Post, telecommunications and transport services;
  4. State operation of the media, Radio, Television
    Radio and television;
  5. And others determined by the law.

The State may delegate, concede or associate with a private body to develop any activity or service mentioned above in conformity with the law.

Right to own property

Article 29

The State shall recognize public and private ownership.

The right of ownership shall be guaranteed and protected as stipulated by the law in force.

Protection from expropriation, Inalienable rights

Ownership shall be inviolate, no person shall be deprived of his property and rights except in the case of public utility and upon compensation.

The State shall guarantee to farmers ownership of their lands.

The law shall determine the legality of public property.


Chapter I. Powers and Organs of the State

Establishment of cabinet/ministers

Article 30

State power shall be exercised by the President of the Republic, the Ministerial Council, the House of Commons, the Judiciary, and other organs instituted in compliance with the Constitution.

Chapter II. The President of the Republic

Head of state selection, Name/structure of executive(s), Claim of universal suffrage, Secret ballot

Article 31

The President of the Republic shall be the Head of State; he shall be the symbol of national unity and shall represent the Nation. He shall be elected by a relative majority of the votes cast through direct, equal and secret universal suffrage.

The law shall determine the conditions of the electoral process.

Head of state immunity

Article 32

The person of the Head of State shall be inviolate and the law shall define his privileges and immunity during his term of office.

Eligibility for head of state

Article 33

The following requirements shall have to be fulfilled to become President of the Republic:

  1. Be an Equato-Guinean by birth;
  2. Enjoy civic rights;
  3. Live in the country since 5 years;
  4. Be capable of interpreting the Constitution;
  5. Be elected in accordance with the Constitution and other laws;
  6. Minimum age of head of state
    Have between the ages of 40 and 75 years;
  7. Not have another nationality.
Head of state term length

Article 34

The President of the Republic shall be elected for a term of office of 7 (seven) years renewable.

Scheduling of elections

Presidential elections shall be announced on the seventh year of the term of office of the President of the Republic at a date set by decree and adopted by the Ministerial Council.

Scheduling of elections

The elections shall be held 40 days before the expiry of the term of office of the President of the Republic or later, but within 70 days after the announcement of the date.

Oaths to abide by constitution

Article 35

The President of the Republic shall, upon election, be sworn in 30 days after the proclamation of results, and shall take the oath of office before the August presence of members of parliament and the Supreme Court meeting in solemn session.

Cabinet selection

Where the winner of the elections belongs to a political party with a minority in the assembly, the President of the Republic appoints a new government.

Head of state powers

Article 36

The President of the Republic shall determine the politics of the nation, arbitrate and model the normal functioning of all institutions of the state. His authority shall extend over the national territory.

Head of state powers

Article 37

The President shall exercise statutory authority in the Ministerial Council.

Approval or veto of general legislation, Head of state powers

Article 38

The President of the Republic shall sanction and promulgate laws as provided by the Constitution. He shall exercise the right to veto as provided under article 79 of the Constitution.

Head of state powers

Article 39

The President of the Republic shall equally exercise the following:

  1. Guarantee the strict implementation of the constitution, the functioning of state institutions and continuity of the state.
  2. Convene and preside over the Ministerial Council.
  3. Head of state decree power
    Dictate in the Ministerial Council the decrees and laws as provided under article 64-i) of the present Constitution.
  4. Designation of commander in chief
    He shall head the Armed Forces. The President of the Republic shall guarantee the security of the state beyond the frontiers.
  5. Power to declare/approve war
    He shall declare war and conclude peace.
  6. Head of government selection
    He shall appoint the Prime Minister as provided by the Constitution.
  7. He shall ratify the decision of Parliament on its elections and president, as well as other members of the bureau in conformity with the constitution and the by-laws of the Assembly.
  8. Selection of active-duty commanders
    He shall appoint and revoke high civil and military officials and may delegate the Prime Minister to appoint other civil and military officials.
  9. Treaty ratification
    He shall negotiate ratify international treaties and agreements in accordance with the Constitution.
  10. Foreign affairs representative
    He shall represent Equatorial Guinea in international relations, receiving and accrediting Ambassadors, and shall authorize Consuls in the performance of their duties.
  11. He shall confer the decorations and honorary distinctions of the Republic.
  12. Power to pardon
    He shall exercise the right of clemency.
  13. He shall convene general elections as provided by the Constitution.
  14. Referenda
    He may call for a referendum in accordance with this Fundamental Law.
  15. Economic plans
    He shall approve, in conjuration with the Ministerial Council, the national development plan.
  16. He shall have the right to dissolve the parliament as provided by the present constitution.
  17. He shall exercise the other attributions and prerogatives provided by the law.
Designation of commander in chief

Article 40

The President of the Republic shall be the head of the Armed Forces to ensure the territorial integrity of the nation and the maintenance of law and order.

Emergency provisions

Article 41

Where circumstances so warrant, the President of the Republic may declare a state of siege by decree and suspend the constitution for a maximum period of three months and take exceptional measures to safeguard the nation’s assets. The deadline of three months may be prolonged where the situation remains dangerous.

Emergency provisions

Article 42

  1. The President of the Republic may, where circumstances so warrant, declare a state of emergency and inform the Parliament.
  2. The President shall determine the effects, territorial limits and duration of the state of emergency or the state of siege.
  3. The law regulates the state of siege and its relevant competence and limit.
  4. He shall not dissolve the Assembly except under the conditions mentioned above.
  5. Terrorism
    He may suspend the constitution in the event of terrorist attacks or muting and sentence those involved according to the gravity of the situation.

Article 43

  1. Head of government removal
    The President may end his functions in the event of:
    1. Resignation
    2. Expiry of term of office
    3. Permanent physical or mental invalidity
    4. Death
  2. Head of state replacement
    In the event of vacancy of the Presidency for reasons a), c) and d), a college comprising the President of Parliament, who presides over it, the Prime Minister, the President of the Supreme Court and a member of the Constitutional Council designated by its president shall ensure the interim management of the State.

Chapter III. The Council of Ministers

Establishment of cabinet/ministers

Article 44

For the exercise of the political and administrative function, the President of the Republic presides the Council of Ministers, first constituted of the Prime Minister and the other members of the government

Powers of cabinet

Article 45

The Council of Ministers shall execute the general policy of the nation as determined by the President of the Republic, ensure the application of laws and permanently assist the President in his political and administrative duties.

The law shall determine the order of ministries, their denomination and their competences and roles.

Article 46

The management and administration of government services shall be responsibility of ministers and other competent services of Ministerial departments.

Powers of cabinet

Article 47

In addition to its functions as determined by the Constitution, the Council of Ministers shall have the following duties:

  1. Direct the general policy of the Nation as defined by the President of the Republic by organizing and executing economic, cultural, scientific and social activities.
  2. Economic plans
    Propose the socio-economic development plans of the State and, where approved by the President and the Parliament, organize, direct and supervise their implementation.
  3. Budget bills
    Elaborate the budgetary draft project and ensure its execution upon approval by the Parliament and the President.
  4. Define the monetary policy and adopt measures aimed at protecting the monetary and financial system of the State.
  5. Elaborate draft projects submitted to Parliament for approval.
  6. Grant territorial exile.
  7. Direct the administration of the State, coordinate and control the activities of the different ministries.
  8. Ensure the application of laws and other general provisions which it integrates in the judicial organization of the Nation.
  9. Put in place necessary commissions charged with executing its attributions.

Article 48

  1. All members of government in managing their ministries shall be jointly responsible before the law, the President and the Parliament and, personally responsible before the Prime Minister, but no individual responsibility before the law.
  2. The Civil and Criminal responsibility of members of government shall be requested in accordance with the law.

Article 49

The members of government shall be:

  1. The Prime Minister
  2. The Deputy Prime Ministers
  3. The Minister of State
  4. The Ministers
  5. The Deputy Ministers
  6. The Assistant Ministers
  7. The Secretaries of State
Oaths to abide by constitution

Article 50

The Prime Minister and other members of government shall take the oath of office before the President and the Constitution.

Article 51

The Ministerial Council, the plenary and the Ministers separately may attend the debates in Parliament without the right to vote. They may equally intervene.

Chapter IV. The Prime Minister

Eligibility for head of government

Article 52

The Prime Minister shall be member of the political party with the majority of seats in the National Assembly.

Name/structure of executive(s)

Article 53

The Prime Minister shall be the Head of Government and shall direct its actions, execute and ensure the enforcement of laws. He shall dictate the necessary instructions.

Article 54

Cabinet selection, Head of government selection

(In accordance with Article 39-g) The President of the Republic shall appoint the Prime Minister who is charged with appointing other members of government.

Head of government removal

In the event of any disagreement, the President of the Republic shall urge the majority to designate a new Prime Minister and shall dissolve the parliament and summon new parliamentary elections.

Head of government powers

Article 55

In his capacity of Head of Government, the Prime Minister shall, in addition to his attributions, coordinate ministerial activities and shall ensure the smooth functioning of government services. He shall ensure the implementation of government programs. He shall summon and preside over the inter-ministerial council in charge of deliberating on the proposals that shall be submitted to the Council of Ministers and proposing draft bills to Parliament.

Head of government powers

Article 56

The Prime Minister may exceptionally and by virtue of precise delegations, preside over the Ministerial Council with a pre-defined agenda.

Head of government removal

Article 57

The Prime Minister shall end his term of office in the event of:

  1. Resignation
  2. Expiry of the term of office of the Parliament
  3. Permanent physical disability
  4. Dissolution of the Assembly
  5. Death
Head of government replacement

Article 58

In the event of resignation, disability or death, the President of the Republic may summon new legislative elections where the majority fails to designate a candidate within seven (7) days.

Head of government replacement, Deputy executive

Article 59

The Prime Minister shall propose to the President of the Republic one or more Deputy Prime Minister who may substitute him in the event of a vacancy.

Chapter V. The National Assembly

Initiation of general legislation, Claim of universal suffrage, Structure of legislative chamber(s)

Article 60

Legislative powers shall be conferred to the National Assembly through universal suffrage, and the Parliament shall exercise this power as provided by the Constitution.

First chamber selection

Article 61

Size of first chamber, Secret ballot

The National Assembly shall comprise 80 (eighty) members elected by direct and secret office. Elections shall be conducted in one day and within 60 days before the mandate expires.

Administrative districts shall constitute the electoral constituencies.

Seats shall be attributed to each list of candidates through a system of proportional representation.

Eligibility for first chamber

The electoral law shall determine the number of seats for each electoral constituency, the ineligibility and incompatibility of members of parliament and shall elaborate other aspects of the electoral process.

Article 62

Members of Parliament shall not necessary respect the mandate.

Article 63

Members of Parliament shall have the right to amendment and vote. Voting shall be personal.

Article 64

The functions of the National Assembly shall be as follows:

  1. Standing committees, Leader of first chamber
    Elect the President, Deputy Presidents and bureau among members.
  2. Enact its by-laws.
  3. Budget bills, Tax bills
    Approve state expenses, revenues and investment budgets. The State through the tributary law, inspired in the principles of equality, generality and prosperity, establishes the taxes, obligations and exedents for-fiscal and the special circumstances that concur in each figure of taxes for its liquidation.
    Duty to pay taxes

    All the physical or legal persons, national or stranger, residentes in the Republic of Equatorial Guinea have the obligation of paying the taxes imposed by law.

  4. Tax bills, First chamber reserved policy areas
    Legislate for taxation, suppress and institute taxes and other charges.
  5. First chamber reserved policy areas
    Legislate for weights and measures.
  6. Determine the bases of civil and commercial rights relative to penal and labor procedures.
  7. Regulate fundamental rights and freedoms.
  8. Treaty ratification
    Approve peace and trade treaties, those that affect national sovereignty and territorial integrity; those relative to a legal reserve are ratified by the President of the Republic.
  9. Head of state decree power
    Authorize the President of the Republic to enact statutory orders relative to legal reserve between two sessions; these decrees shall enter into force when released. The government shall inform the Assembly on the content of this statutory order.
  10. Legislative oversight of the executive
    Enlighten the members of government on the affairs under its competence, and call on them to explain the management of their affairs.
  11. Legislative oversight of the executive
    Appoint an internal investigation commission to look into matters likely to comprise public interests. The commission shall have free access to all ministerial departments.
  12. Carryout its duties as provided by the law.

Article 65

The President of the Republic may, after consulting the Council of Ministers and the Bureau of the National Assembly, decide to summon a referendum where he deems necessary. The bill that shall be adopted therein shall be enforced and promulgated by the President of the Republic.

Dismissal of the legislature

Article 66

The President of the Republic may, during ministerial council, order the dissolution of the Assembly and organize new elections.

Duty to pay taxes

Article 67

Every person, physical or corporate, Equato-Guinean or foreign, resident in Equatorial Guinea, shall pay taxes.

Immunity of legislators

Article 68

No member of Parliament may be detained during or after his mandate for opinions expressed in the exercise of his duties.

Article 69

The Assembly shall meet as of right the Monday following the promulgation of results for not more than 30 days.

The agenda of this session shall be limited to the election of the President of the Assembly and the Bureau members, except the government introduces urgent questions.

Length of legislative sessions

Article 70

The National Assembly shall hold 2 (two) ordinary sessions each year (March and September) for two months.

Article 71

Extraordinary legislative sessions

The National Assembly shall meet in extraordinary session on a specific agenda and at the request of the President of the Republic of three-quarter of its members.

Quorum for legislative sessions

A session shall be held by more than half of the members, and decisions shall be adopted through vote by simple majority.

Article 72

The opening and closing of each session, ordinary or extraordinary, shall be ordered by Presidential decree in accordance with the Bureau.

Public or private sessions

Article 73

Sittings of the National Assembly shall be public

Article 74

The National Assembly may hold sittings in camera at the request of the President of the Republic or of an absolute majority of its members.

Initiation of general legislation

Article 75

The President of the Republic shall hold the legislative power in ministerial councils, and members of Parliament shall hold it in the Assembly.

Draft projects submitted by members shall be deposited at the Bureau as provided by is by-laws and shall be transmitted to the Government for assessment.

First chamber reserved policy areas

Article 76

In addition to matters provided by the Constitution, the law shall reserve the following:

  1. Regulation of rights and obligations of the citizens.
  2. Protection from expropriation
    Expropriation of property for public utility.
  3. Requirements for birthright citizenship
    Nationality, state and capacity of persons, civil status and successions.
  4. Organization of justice, creation of new jurisdictions, the status of magistrates and of the public service.
  5. Penitentiary status, amnesty, definition of offences and the sentences that shall apply.
  6. Freedom of association, Right to join trade unions, Right to form political parties
    Status of associations, political parties and trade unions.
  7. Status of the issue and printing of the currency.
  8. General administrative and financial organization.
  9. Conditions of participation of the State in the management of enterprises.
  10. Status of the public inheritance.
  11. Right to own property, Right to establish a business
    Status of freedoms and persons, ownership, property, civil and commercial rights and obligations.
  12. Financial obligations of the State.
  13. Economic plans
    Economic and social action plan.
  14. Right to work, Right to culture
    Fundamental principles governing education, culture, the right to work and social security.
Budget bills

Article 77

The general budget of state presented by the government during the second session shall be voted by the National Assembly. Where the state budget is not adopted before the current financial year expires, the President of the Republic may extend the preceding budgetary bill until adaptation of the new bill.

The Government may request a ten-day extraordinary session for new deliberations.

Where the budget is finally not adopted, the President of the Republic has the prerogative to institute the budgetary bill.

Extraordinary legislative sessions

Article 78

Where the budget is not voted during the second ordinary session, the President of the Republic shall summon an extraordinary session to find a solution.

Approval or veto of general legislation

Article 79

Before promulgating a bill, the President of the Republic may request a second or third reading of the bill in parliament.

Article 80

The President of the Republic may personally attend the session or send a message. In the case of the latter, the message may not be subject to deliberations.

Article 81

The agenda shall be drawn by the Bureau.

Approval or veto of general legislation

Article 82

The President of the Republic shall promulgate the bills adopted by Parliament.

Chapter VI. Judicial Power

Judicial independence

Article 83

The judicial power shall be independent of the executive and legislative powers. It shall exercise the legal functions of the State.

Article 84

Justice shall be administered in the name of the people by the President of the Republic.

The organic law relative to the Judicial power shall determine the organization and attributions of courts necessary for the effective functioning of justice. This same law shall define the statutes of the magistracy.

Article 85

The exercise of the judicial power in every type of hearing shall be reserved exclusively to the jurisdictions and courts as determined by the law.

Article 86

The Head of State shall be the first magistrate of the nation. He shall guarantee the independence of the judicial power.

Article 87

The judges and magistrates shall not enjoy any form of immunity in the exercise of their duties.

Structure of the courts, Establishment of military courts

Article 88

The principle of the unity of the Judicial Power shall be the basis of the organization and functioning of courts. The law shall determine the judicial system applicable in military courts.

Right to public trial

Article 89

Judgments shall be public, but deliberations shall be in camera.

Structure of the courts

Article 90

The Supreme Court of Justice shall be the supreme organ of the judicial system.

Supreme court term length, Supreme court selection

Article 91

The President of the Supreme Court and its members shall be appointed by the President of the Republic for a period of five years.

Article 92

The Legal Department shall ensure the strict respect of the Constitution, the laws and legal dispositions of all state organs.

Attorney general

Article 93

The Attorney General and his deputies shall be appointed by the President of the Republic.

The office of the Attorney General of the Republic shall be regulated by an organic statute.

Chapter VII. The Constitutional Council

Article 94

  1. Constitutional court selection, Constitutional court term length, Establishment of constitutional court
    The Constitutional Council shall comprise a President and four other members appointed by the President of the Republic. Two of its members shall be proposed by the National Assembly. The term of office of its members shall be seven (7) years.
  2. Constitutional interpretation, Constitutional court powers
    The attributions of the Constitutional Council shall comprise the following:
    1. Constitutionality of legislation
      Taking cognizance of the constitutionality of laws.
    2. Taking cognizance of and annulling laws.
    3. Proclaiming the final results of presidential municipal and legislative elections and referendums.
    4. Declaring the invalidity of the President of the Republic and the Prime Minister.
    5. Determining the supreme nature of the constitution within the framework of development.
    6. Taking cognizance of conflicts between constitutional bodies.
    7. Legal status of treaties, Treaty ratification
      Taking cognizance of the non-conformity of international treaties as provided by the constitution.
    8. And its other duties attributed by the law.
Constitutionality of legislation

Article 95

The bodies legally entitled to institute an appeal of unconstitutionality shall be:

  • The President of the Republic, Head of State

    The Prime Minister, Head of Government

    The National Assembly; three-quarter of its members

    The Attorney General

Article 96

Members of the Constitutional Council shall not be eligible or be members of government or of Parliament.

Article 97

The organic law shall regulate the functioning and status of its members, and the implementation procedures of its actions.

Chapter VIII. The Higher Judicial Council

Establishment of judicial council

Article 98

  1. The Higher Judicial Council shall head this organ. It shall comprise a President and six other members appointed by the Head of State for a period of 5 years.
  2. The organic law shall regulate the structure, functioning and legal status of its members.

PART THREE. The Armed Forces, State Security and National Defense

Article 99

The Armed Forces and State Security are a national institution whose mission shall be to maintain territorial integrity, defend national sovereignty, protect the supreme values of the fatherland, the security of the state, maintain public order and ensure the smooth functioning of government services in conformity with the constitution. The Armed Forces shall enact by-laws regulating its functioning.

Article 100

Where necessary, the national defense shall enjoy the support of all the forces of the nation and the resources.

An organic law shall regulate its functioning.

PART FOUR. Local Communities

Municipal government

Article 101

Local Communities shall have a legal status. Under the responsibility of the Government and the administrative authorities of the Regions, they shall promote social and economic development programs as provided by the law.

Municipal government

Article 102

Local Communities shall contribute to the achievement of the development plans of the State.

The law shall determine its competence, functioning and legal status.

PART FIVE. Revision of the Constitution

Constitution amendment procedure

Article 103

The President of the Republic may summon a referendum to revise the Constitution; the absolute majority of members of Parliament may equally request amendments.

Unamendable provisions

Article 104

The republican and democratic systems of the state, the national unity and territorial integrity shall not be subject to reforms.


No special provision shall be contrary to the Constitution.


The present Constitution shall enter into force after enaction and shall be registered and published in the Official Gazette.