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Cape Verde

Boundary Delimitation

BD01 Are constituencies delimited for election purposes?
a. Yes

Source: Constitution of Cape Verde, article 106
Last updated: 2006-11-28 07:42:54 UTC

BD02 The authority responsible for final approval of the constituency boundaries is:
e. Not applicable

Comments: No data available at this time.
Last updated: 2006-11-28 07:42:54 UTC

BD03 On what criteria are the boundaries drawn?
h. Not applicable

Comments: No data available at this time.
Last updated: 2006-11-28 07:42:54 UTC

BD04 If population is a criterion, which population figure is used?
g. Not applicable

Comments: No data available at this time.
Last updated: 2006-11-28 07:42:54 UTC

BD05 The body responsible for drawing the boundaries is:
g. Not applicable

Comments: No data available at this time.
Last updated: 2006-11-28 07:42:54 UTC

BD06 What statistical or other reasons trigger the redrawing of electoral constituency boundaries?
m. Not applicable

Comments: No data available at this time.
Last updated: 2006-11-28 07:42:54 UTC

Direct Democracy

DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Hanna Berheim
b. Job Title: Research Assistant
c. Organisation: International IDEA

Last updated: 2006-11-27 17:07:48 UTC

DD02 Which forms of direct democracy, if any, are currently possible at the national level? Please check the glossary for the definition of the following terms:
b. Optional referendum
c. Citizens' initiative
d. Agenda initiative

Comments: C:4 "1. The political power shall be exercised by the people through referendum, suffrage and through other forms provided for constitutionally." C:ChII:108 "1. The electors registered in the electoral census in the national territory shall have the right to pronounce themselves through a referendum on any matter relevant to national or local interest. 2. The convening and the holding of a referendum shall be prohibited between the date of the convening and the holding of the elections for the organs of sovereignty or of local power, during the state of siege or emergency and until thirty days following its cessation, and in the latter case, only in the part of the territory declared to be under the state of emergency. 3. Each referendum shall only have a sole question as its object and the following questions shall not, in any case, be submitted to popular scrutiny: a) Separation and the interdependence of the organs of sovereignty and their powers; b) Independence of the courts and their decisions; c) Separation of churches from the State; d) Appointment of the elected holders of the organs of sovereignty and of local administration by universal, direct, secret and periodic ballot; e) Pluralism of expression, existence of political parties and associations and rights of the opposition; f) Rights, liberties and guarantees established constitutionally; g) National or local acts which have a budgetary, tributary or financial content; h) Autonomy of the local administration, as well as the organization and competence of their organs. 4. The proposals for a referendum shall be subject to preventive monitoring of their constitutionality and legality. 5. Once the proposal for a referendum is judged to be unconstitutional or illegal, such referendum shall not take place, nor shall the proposal be renewed in the same legislature. 6. Proposals for a referendum that have been refused by the competent organ or that have been the object of a negative response from the electorate shall not be renewed in the same legislature. 7. The result of a referendum shall be abided by all organs of political power, as well as by public and private entities. 8. The provisions of Articles 102 to 105 shall be applicable to the referenda, with the necessary adaptations. 9. The questions to be submitted to the electors shall be formulated with simplicity, objectivity, precision and clarity, in such a way as not to suggest, directly or indirectly, any response. Any response shall be given as a "yes" or a "nay." C:ChII:109 "1. The referendum at the national level shall be convened by the President of the Republic, at the initiative of the people, the National Assembly or the Government. 2. At the people's initiative, the President of the Republic may convene a referendum on any matter relevant to national interest, at the request of thirty thousand citizens, after the political parties represented in the National Assembly and the Council of the Republic are heard. 3. The request referred to in the preceding paragraph should be sponsored by a minimum of ten per cent of the electors, residing in, at least, seven islands. 4. The proposal of the National Assembly shall be approved by two thirds of the deputies present, if the number is higher than the absolute majority of the deputies on active duty." C:ChII:110 "1. The local referendum shall cover matters that are of exclusive competence of the organs of local administration and shall always have deliberative effect. 2. The local referendum shall be convened by the Mayor at the initiative of the Municipality, the Municipal Assembly or, at the initiative of, at least, ten percent of the electors registered in the electoral census of the area of the local administration where the consultation takes place. 3. The convening of a referendum shall be approved by the majority of two thirds of the members of the Municipal Assembly on active duty."
Source: The Constitution of the Republic of Cape Verde, articles 4 and 108-110
Last updated: 2006-11-28 08:14:31 UTC

DD03 What is the legal basis for mandatory referendums at the national level?
e. Not applicable

Last updated: 2006-11-27 17:36:50 UTC

DD04 What is the legal basis for optional referendums at the national level?
a. Constitutional

Comments: C:4 "1. The political power shall be exercised by the people through referendum, suffrage and through other forms provided for constitutionally." C:ChII:108 "1. The electors registered in the electoral census in the national territory shall have the right to pronounce themselves through a referendum on any matter relevant to national or local interest. 2. The convening and the holding of a referendum shall be prohibited between the date of the convening and the holding of the elections for the organs of sovereignty or of local power, during the state of siege or emergency and until thirty days following its cessation, and in the latter case, only in the part of the territory declared to be under the state of emergency. 3. Each referendum shall only have a sole question as its object and the following questions shall not, in any case, be submitted to popular scrutiny: a) Separation and the interdependence of the organs of sovereignty and their powers; b) Independence of the courts and their decisions; c) Separation of churches from the State; d) Appointment of the elected holders of the organs of sovereignty and of local administration by universal, direct, secret and periodic ballot; e) Pluralism of expression, existence of political parties and associations and rights of the opposition; f) Rights, liberties and guarantees established constitutionally; g) National or local acts which have a budgetary, tributary or financial content; h) Autonomy of the local administration, as well as the organization and competence of their organs. 4. The proposals for a referendum shall be subject to preventive monitoring of their constitutionality and legality. 5. Once the proposal for a referendum is judged to be unconstitutional or illegal, such referendum shall not take place, nor shall the proposal be renewed in the same legislature. 6. Proposals for a referendum that have been refused by the competent organ or that have been the object of a negative response from the electorate shall not be renewed in the same legislature. 7. The result of a referendum shall be abided by all organs of political power, as well as by public and private entities. 8. The provisions of Articles 102 to 105 shall be applicable to the referenda, with the necessary adaptations. 9. The questions to be submitted to the electors shall be formulated with simplicity, objectivity, precision and clarity, in such a way as not to suggest, directly or indirectly, any response. Any response shall be given as a "yes" or a "nay." C:ChII:109 "1. The referendum at the national level shall be convened by the President of the Republic, at the initiative of the people, the National Assembly or the Government. 2. At the people's initiative, the President of the Republic may convene a referendum on any matter relevant to national interest, at the request of thirty thousand citizens, after the political parties represented in the National Assembly and the Council of the Republic are heard. 3. The request referred to in the preceding paragraph should be sponsored by a minimum of ten per cent of the electors, residing in, at least, seven islands. 4. The proposal of the National Assembly shall be approved by two thirds of the deputies present, if the number is higher than the absolute majority of the deputies on active duty."
Source: The Constitution of the Republic of Cape Verde, articles 4 and 108-109
Last updated: 2006-11-28 08:14:31 UTC

DD05 What is the legal basis for citizens' initiatives at the national level?
a. Constitutional

Comments: C:ChII:108 "1. The electors registered in the electoral census in the national territory shall have the right to pronounce themselves through a referendum on any matter relevant to national or local interest. 2. The convening and the holding of a referendum shall be prohibited between the date of the convening and the holding of the elections for the organs of sovereignty or of local power, during the state of siege or emergency and until thirty days following its cessation, and in the latter case, only in the part of the territory declared to be under the state of emergency. 3. Each referendum shall only have a sole question as its object and the following questions shall not, in any case, be submitted to popular scrutiny: a) Separation and the interdependence of the organs of sovereignty and their powers; b) Independence of the courts and their decisions; c) Separation of churches from the State; d) Appointment of the elected holders of the organs of sovereignty and of local administration by universal, direct, secret and periodic ballot; e) Pluralism of expression, existence of political parties and associations and rights of the opposition; f) Rights, liberties and guarantees established constitutionally; g) National or local acts which have a budgetary, tributary or financial content; h) Autonomy of the local administration, as well as the organization and competence of their organs. 4. The proposals for a referendum shall be subject to preventive monitoring of their constitutionality and legality. 5. Once the proposal for a referendum is judged to be unconstitutional or illegal, such referendum shall not take place, nor shall the proposal be renewed in the same legislature. 6. Proposals for a referendum that have been refused by the competent organ or that have been the object of a negative response from the electorate shall not be renewed in the same legislature. 7. The result of a referendum shall be abided by all organs of political power, as well as by public and private entities. 8. The provisions of Articles 102 to 105 shall be applicable to the referenda, with the necessary adaptations. 9. The questions to be submitted to the electors shall be formulated with simplicity, objectivity, precision and clarity, in such a way as not to suggest, directly or indirectly, any response. Any response shall be given as a "yes" or a "nay." C:ChII:109 "1. The referendum at the national level shall be convened by the President of the Republic, at the initiative of the people, the National Assembly or the Government. 2. At the people's initiative, the President of the Republic may convene a referendum on any matter relevant to national interest, at the request of thirty thousand citizens, after the political parties represented in the National Assembly and the Council of the Republic are heard. 3. The request referred to in the preceding paragraph should be sponsored by a minimum of ten per cent of the electors, residing in, at least, seven islands. 4. The proposal of the National Assembly shall be approved by two thirds of the deputies present, if the number is higher than the absolute majority of the deputies on active duty."
Source: The Constitution of the Republic of Cape Verde, article 108-109
Last updated: 2006-11-28 08:14:31 UTC

DD06 What is the legal basis for agenda initiatives at the national level?
a. Constitutional

Last updated: 2006-11-27 17:41:18 UTC

DD07 What is the legal basis for recalls at the national level?
e. Not applicable

Last updated: 2006-11-27 17:46:45 UTC

DD104 What form of checks are undertaken to verify signatures for a recall?
d. Not applicable

Last updated: 2006-11-28 08:14:31 UTC

DD117 What is the period during which these controls apply for a recall?
c. Not applicable

Last updated: 2006-11-28 08:14:31 UTC

DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
d. Not applicable

Last updated: 2006-11-27 17:46:45 UTC

DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
d. Not applicable

Last updated: 2006-11-27 17:46:45 UTC

DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
d. Not applicable

Last updated: 2006-11-27 17:46:45 UTC

DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
d. Not applicable

Last updated: 2006-11-27 17:46:45 UTC

DD21 Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
d. Not applicable

Last updated: 2006-11-27 17:46:45 UTC

DD22 Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2006-11-27 17:46:45 UTC

DD23 Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes

Comments: C:ChII:108 "1. The electors registered in the electoral census in the national territory shall have the right to pronounce themselves through a referendum on any matter relevant to national or local interest. 2. The convening and the holding of a referendum shall be prohibited between the date of the convening and the holding of the elections for the organs of sovereignty or of local power, during the state of siege or emergency and until thirty days following its cessation, and in the latter case, only in the part of the territory declared to be under the state of emergency. 3. Each referendum shall only have a sole question as its object and the following questions shall not, in any case, be submitted to popular scrutiny: a) Separation and the interdependence of the organs of sovereignty and their powers; b) Independence of the courts and their decisions; c) Separation of churches from the State; d) Appointment of the elected holders of the organs of sovereignty and of local administration by universal, direct, secret and periodic ballot; e) Pluralism of expression, existence of political parties and associations and rights of the opposition; f) Rights, liberties and guarantees established constitutionally; g) National or local acts which have a budgetary, tributary or financial content; h) Autonomy of the local administration, as well as the organization and competence of their organs. 4. The proposals for a referendum shall be subject to preventive monitoring of their constitutionality and legality. 5. Once the proposal for a referendum is judged to be unconstitutional or illegal, such referendum shall not take place, nor shall the proposal be renewed in the same legislature. 6. Proposals for a referendum that have been refused by the competent organ or that have been the object of a negative response from the electorate shall not be renewed in the same legislature. 7. The result of a referendum shall be abided by all organs of political power, as well as by public and private entities. 8. The provisions of Articles 102 to 105 shall be applicable to the referenda, with the necessary adaptations. 9. The questions to be submitted to the electors shall be formulated with simplicity, objectivity, precision and clarity, in such a way as not to suggest, directly or indirectly, any response. Any response shall be given as a "yes" or a "nay." C:ChII:110 "1. The local referendum shall cover matters that are of exclusive competence of the organs of local administration and shall always have deliberative effect. 2. The local referendum shall be convened by the Mayor at the initiative of the Municipality, the Municipal Assembly or, at the initiative of, at least, ten percent of the electors registered in the electoral census of the area of the local administration where the consultation takes place. 3. The convening of a referendum shall be approved by the majority of two thirds of the members of the Municipal Assembly on active duty."
Source: The Constitution of the Republic of Cape Verde, Chapter II, articles 108 and 110
Last updated: 2006-11-28 08:14:31 UTC

DD24 Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes

Comments: C:ChII:108 "1. The electors registered in the electoral census in the national territory shall have the right to pronounce themselves through a referendum on any matter relevant to national or local interest. 2. The convening and the holding of a referendum shall be prohibited between the date of the convening and the holding of the elections for the organs of sovereignty or of local power, during the state of siege or emergency and until thirty days following its cessation, and in the latter case, only in the part of the territory declared to be under the state of emergency. 3. Each referendum shall only have a sole question as its object and the following questions shall not, in any case, be submitted to popular scrutiny: a) Separation and the interdependence of the organs of sovereignty and their powers; b) Independence of the courts and their decisions; c) Separation of churches from the State; d) Appointment of the elected holders of the organs of sovereignty and of local administration by universal, direct, secret and periodic ballot; e) Pluralism of expression, existence of political parties and associations and rights of the opposition; f) Rights, liberties and guarantees established constitutionally; g) National or local acts which have a budgetary, tributary or financial content; h) Autonomy of the local administration, as well as the organization and competence of their organs. 4. The proposals for a referendum shall be subject to preventive monitoring of their constitutionality and legality. 5. Once the proposal for a referendum is judged to be unconstitutional or illegal, such referendum shall not take place, nor shall the proposal be renewed in the same legislature. 6. Proposals for a referendum that have been refused by the competent organ or that have been the object of a negative response from the electorate shall not be renewed in the same legislature. 7. The result of a referendum shall be abided by all organs of political power, as well as by public and private entities. 8. The provisions of Articles 102 to 105 shall be applicable to the referenda, with the necessary adaptations. 9. The questions to be submitted to the electors shall be formulated with simplicity, objectivity, precision and clarity, in such a way as not to suggest, directly or indirectly, any response. Any response shall be given as a "yes" or a "nay."
Source: The Constitution of the Republic of Cape Verde, Chapter II, articles 108 and 110
Last updated: 2006-11-28 08:14:31 UTC

DD25 Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
a. Yes, in all municipalities/districts/communes

Last updated: 2006-11-27 17:53:11 UTC

DD26 Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2006-11-27 17:17:47 UTC

DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
k. None

Last updated: 2006-11-27 17:48:15 UTC

DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
a. Constitutional amendments
b. Adoption of international treaties
c. Transfer of authority to international bodies
g. Civil service
i. Other public policy issues
j. Other (specify)

Comments: j) Any matter except the ones defined by the constitution. C:ChII:108 "1. The electors registered in the electoral census in the national territory shall have the right to pronounce themselves through a referendum on any matter relevant to national or local interest."
Source: The Constitution of the Republic of Cape Verde, article 108
Last updated: 2006-11-27 17:57:05 UTC

DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?
d. National sovereignty, national self-determination
e. Conflict between constitutional organs
f. Devolution
h. Taxes and public expenditure commitments
j. Other (specify)

Comments: j) C:ChII:108 "3. Each referendum shall only have a sole question as its object and the following questions shall not, in any case, be submitted to popular scrutiny: a) Separation and the interdependence of the organs of sovereignty and their powers; b) Independence of the courts and their decisions; c) Separation of churches from the State; d) Appointment of the elected holders of the organs of sovereignty and of local administration by universal, direct, secret and periodic ballot; e) Pluralism of expression, existence of political parties and associations and rights of the opposition; f) Rights, liberties and guarantees established constitutionally; g) National or local acts which have a budgetary, tributary or financial content; h) Autonomy of the local administration, as well as the organization and competence of their organs."
Source: The Constitution of the Republic of Cape Verde, article 108
Last updated: 2006-11-27 17:57:05 UTC

DD31 Who can initiate a referendum at the national level?
a. Government
d. Legislative majority
e. Registered electors

Comments: C:ChII:109 "1. The referendum at the national level shall be convened by the President of the Republic, at the initiative of the people, the National Assembly or the Government. 2. At the people's initiative, the President of the Republic may convene a referendum on any matter relevant to national interest, at the request of thirty thousand citizens, after the political parties represented in the National Assembly and the Council of the Republic are heard. 3. The request referred to in the preceding paragraph should be sponsored by a minimum of ten per cent of the electors, residing in, at least, seven islands. 4. The proposal of the National Assembly shall be approved by two thirds of the deputies present, if the number is higher than the absolute majority of the deputies on active duty."
Source: The Constitution of the Republic of Cape Verde, article 109
Last updated: 2006-11-28 08:14:31 UTC

DD32 Who is responsible for drafting the mandatory referendum question?
g. Not applicable

Last updated: 2006-11-27 18:01:31 UTC

DD34 Which of the following, if any, are required to be included in the mandatory referendum question?
f. Not applicable

Last updated: 2006-11-27 18:01:31 UTC

DD36 Which institution(s) decides on the final form of the ballot text for mandatory referendums?
f. Not applicable

Last updated: 2006-11-27 18:01:31 UTC

DD40 What are the requirements for mandatory referendums to pass?
e. Not applicable

Last updated: 2006-11-27 18:01:31 UTC

DD42 In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
g. None

Comments: g) The electoral law is also applied to the referendum. C:ChII:108 "8. The provisions of Articles 102 to 105 shall be applicable to the referenda, with the necessary adaptations."
Source: The Constitution of the Republic of Cape Verde, articles 102-105 and 108
Last updated: 2006-11-28 08:14:31 UTC

DD43 When is the outcome of a mandatory referendum binding?
d. Not applicable

Last updated: 2006-11-27 18:01:31 UTC

DD44 When is the outcome of an optional referendum binding?
a. Always

Comments: C:ChII:108 " 7. The result of a referendum shall be abided by all organs of political power, as well as by public and private entities"
Source: The Constitution of the Republic of Cape Verde, article 108
Last updated: 2006-11-27 18:05:58 UTC

DD45 Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
a. Constitutional amendments
b. Legislative proposals
c. Other (specify)

Comments: c) All matters that can be put to referendum. C:ChII:108 "1. The electors registered in the electoral census in the national territory shall have the right to pronounce themselves through a referendum on any matter relevant to national or local interest. 2. The convening and the holding of a referendum shall be prohibited between the date of the convening and the holding of the elections for the organs of sovereignty or of local power, during the state of siege or emergency and until thirty days following its cessation, and in the latter case, only in the part of the territory declared to be under the state of emergency. 3. Each referendum shall only have a sole question as its object and the following questions shall not, in any case, be submitted to popular scrutiny: a) Separation and the interdependence of the organs of sovereignty and their powers; b) Independence of the courts and their decisions; c) Separation of churches from the State; d) Appointment of the elected holders of the organs of sovereignty and of local administration by universal, direct, secret and periodic ballot; e) Pluralism of expression, existence of political parties and associations and rights of the opposition; f) Rights, liberties and guarantees established constitutionally; g) National or local acts which have a budgetary, tributary or financial content; h) Autonomy of the local administration, as well as the organization and competence of their organs. 4. The proposals for a referendum shall be subject to preventive monitoring of their constitutionality and legality. 5. Once the proposal for a referendum is judged to be unconstitutional or illegal, such referendum shall not take place, nor shall the proposal be renewed in the same legislature. 6. Proposals for a referendum that have been refused by the competent organ or that have been the object of a negative response from the electorate shall not be renewed in the same legislature. 7. The result of a referendum shall be abided by all organs of political power, as well as by public and private entities. 8. The provisions of Articles 102 to 105 shall be applicable to the referenda, with the necessary adaptations. 9. The questions to be submitted to the electors shall be formulated with simplicity, objectivity, precision and clarity, in such a way as not to suggest, directly or indirectly, any response. Any response shall be given as a "yes" or a "nay." C:ChII:109 "1. The referendum at the national level shall be convened by the President of the Republic, at the initiative of the people, the National Assembly or the Government. 2. At the people's initiative, the President of the Republic may convene a referendum on any matter relevant to national interest, at the request of thirty thousand citizens, after the political parties represented in the National Assembly and the Council of the Republic are heard. 3. The request referred to in the preceding paragraph should be sponsored by a minimum of ten per cent of the electors, residing in, at least, seven islands. 4. The proposal of the National Assembly shall be approved by two thirds of the deputies present, if the number is higher than the absolute majority of the deputies on active duty."
Source: The Constitution of the Republic of Cape Verde, articles 108-109
Last updated: 2006-11-28 08:14:31 UTC

DD47 Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
d. National sovereignty, national self-determination
e. Conflict between constitutional organs
f. Devolution
h. Taxes and public expenditure commitments
j. Other (specify)

Comments: C:ChII:108 "3. Each referendum shall only have a sole question as its object and the following questions shall not, in any case, be submitted to popular scrutiny: a) Separation and the interdependence of the organs of sovereignty and their powers; b) Independence of the courts and their decisions; c) Separation of churches from the State; d) Appointment of the elected holders of the organs of sovereignty and of local administration by universal, direct, secret and periodic ballot; e) Pluralism of expression, existence of political parties and associations and rights of the opposition; f) Rights, liberties and guarantees established constitutionally; g) National or local acts which have a budgetary, tributary or financial content; h) Autonomy of the local administration, as well as the organization and competence of their organs."
Source: The Constitution of the Republic of Cape Verde, article 108
Last updated: 2006-11-27 18:10:33 UTC

DD49 Who may propose the registration of a citizens' initiative? Please specify in the “Comments” section below.
a. A number of individuals

Comments: C:ChII:109 "1. The referendum at the national level shall be convened by the President of the Republic, at the initiative of the people, the National Assembly or the Government. 2. At the people's initiative, the President of the Republic may convene a referendum on any matter relevant to national interest, at the request of thirty thousand citizens, after the political parties represented in the National Assembly and the Council of the Republic are heard."
Source: The Constitution of the Republic of Cape Verde, article 109
Last updated: 2006-11-28 08:14:31 UTC

DD57 If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
f. Other (specify)

Comments: f) In the Constitution not further defined than "a competent organ". C:ChII:108 "4. The proposals for a referendum shall be subject to preventive monitoring of their constitutionality and legality. 5. Once the proposal for a referendum is judged to be unconstitutional or illegal, such referendum shall not take place, nor shall the proposal be renewed in the same legislature. 6. Proposals for a referendum that have been refused by the competent organ or that have been the object of a negative response from the electorate shall not be renewed in the same legislature."
Source: The Constitution of the Republic of Cape Verde, article 108
Last updated: 2006-11-28 08:14:31 UTC

DD58 If a check of the constitutionality or legality of an initiative takes place, when does this happen?
c. After its submission but before the vote on the initiative

Comments: C:ChII:108 "4. The proposals for a referendum shall be subject to preventive monitoring of their constitutionality and legality. 5. Once the proposal for a referendum is judged to be unconstitutional or illegal, such referendum shall not take place, nor shall the proposal be renewed in the same legislature. 6. Proposals for a referendum that have been refused by the competent organ or that have been the object of a negative response from the electorate shall not be renewed in the same legislature."
Source: The Constitution of the Republic of Cape Verde, article 108
Last updated: 2006-11-28 08:09:18 UTC

DD65 Which of the following individuals/positions may be subject to the recall mechanism?
k. Not applicable

Last updated: 2006-11-28 08:11:44 UTC

DD66 What are the grounds upon which a recall may be launched?
g. Not applicable

Last updated: 2006-11-28 08:11:44 UTC

DD68 If a recall qualifies for the ballot, when is it put to the vote?
d. Not applicable

Last updated: 2006-11-28 08:11:44 UTC

DD69 When does the election to replace an individual who has been recalled take place?
c. Not applicable

Last updated: 2006-11-28 08:11:44 UTC

DD71 Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
c. Not applicable

Last updated: 2006-11-28 08:11:44 UTC

DD85 What is the deadline, if any, for collecting the required number of signatures after a proposal for recall has been published?
c. Not applicable

Last updated: 2006-11-28 08:14:31 UTC

DD91 Where can proposals for a recall be signed?
g. Not applicable

Last updated: 2006-11-28 08:14:31 UTC

DD96 What information must signatories provide when signing the proposal for a recall?
e. Not applicable

Last updated: 2006-11-28 08:14:31 UTC

Electoral Management

EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Commission Nationale des Elections
b. Full Address C.P. 371 Praia
c. Telephone (238) 62 43 20 / 21/ 23
d. Facsimile (238) 62 42 30 / 32
e. Email FAM(a)mailcvtelecom.cv
f. Website Address www.dsapeleitoral.cv
g. Name and Title of Chairperson/President Mr. Adriano Freire
h. Information Officer Leao Barreto

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:30:45 GMT

EM02 Does this national electoral body have the responsibility for elections at:
a. National level
c. Local level

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:31:27 GMT

EM03 The national electoral management body reports to:
c. The legislature

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:31:47 GMT

EM04 The budget of the national electoral management body is determined by:
c. The legislature

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:32:23 GMT

EM05 The expenditures of the national electoral management body are controlled by:
g. Other

Comments: g.)Auditing Court (Tribunal de Contos)
Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:36:55 GMT

EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years

Comments: b.) For a term of 6 years.
Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:37:50 GMT

EM07 The national electoral management body chairperson, or equivalent, is chosen in the following way:
a. Elected (specify by whom)

Comments: The members of the election commission are appointed by the legislature. The chairperson is elected by his/her peers.
Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:41:04 GMT

EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
a. estimated total: 1432603.55

Comments: Voter Identification Cards: USD 64544.51 Voter Registration: USD 155 172.05 Legislative Elections: USD 574 392.16 Presidential Elections: USD 638 494.83 (1 USD = 126.29 CVE)
Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv (Jun 2002)
Last updated: 2008-01-21 13:13:14 UTC

EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
a. Total number: 232259

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: 2008-01-21 13:13:14 UTC

EM10 What was the spending (in USD) per registered voter (NOT actual voters) or, where there was no voter roll, the estimated number of eligible voters at the last general elections?
a. USD/registered voter 3.85
b. Exchange rate used 1 USD=126.29 CVE

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 09:36:39 GMT

EM11 What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?

Last updated: 2008-01-21 13:13:14 UTC

Electoral Systems

ES01 How is the Head of State selected?
c. Directly elected in general elections (absolute majority with 2nd round if necessary)

Source: Constitution, Ch.3, Art.117 and 121.
Last updated: Thu, 13 Jun 2002 08:04:39 GMT

ES02 How is the Head of Government selected?
e. Appointed

Comments: The Prime Minister shall be appointed by the President of the Republic in consultation with the political parties represented in the National Assembly.
Source: Constitution, Ch.3, Art.206
Last updated: Fri, 28 Jun 2002 10:07:31 GMT

ES03 Does the country have a president?
a. Yes

Source: Constitution, Ch.3, Art.117 and 121
Last updated: Thu, 13 Jun 2002 08:08:11 GMT

ES04 The national legislature consists of (one/two chambers):
a. One chamber

Source: Constitution, Ch.3,Art.131
Last updated: Thu, 13 Jun 2002 08:10:38 GMT

ES05 What is the electoral system for Chamber 1 of the national legislature?
g. List Proportional Representation

Source: Constitution, Ch.3, Art.112 and 122
Last updated: Thu, 13 Jun 2002 08:11:26 GMT

ES06 What is the electoral system for Chamber 2 of the national legislature?
k. The national legislature consists of one chamber only

Last updated: Thu, 04 Oct 2001 10:49:08 GMT

ES07 If List PR is used, is a highest average formula used?
a. d'Hondt Formula

Last updated: Thu, 04 Oct 2001 10:49:39 GMT

ES08 What is the level at which seats are distributed in Chamber 1?
b. Specially delimited constituencies

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Wed, 21 May 2003 12:14:13 GMT

ES09 What is the level at which seats are distributed in Chamber 2?
d. Not applicable

Comments: The national legislature only consists of one chamber.
Source: Fernando Monteiro, member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Wed, 19 Jun 2002 16:08:40 GMT

ES10 Are special constituencies or seats reserved in Chamber 1 for specific groups, such as minorities, specific nationality or other groups?
b. No

Source: Fernando Monteiro, member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Wed, 19 Jun 2002 16:09:52 GMT

ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
e. Not applicable Na

Last updated: Thu, 09 May 2002 21:56:27 GMT

ES12 Are special constituencies or seats reserved in Chamber 2 for specific groups, such as minorities, specific nationality or other groups?
c. The national legislature consists of one chamber only

Last updated: Thu, 04 Oct 2001 12:00:51 GMT

ES13 If special constituencies or seats are reserved in Chamber 2, specify which interest groups, and the proportion of total seats reserved:
e. Not applicable Na

Last updated: Thu, 09 May 2002 21:57:06 GMT

ES14 What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 1?
a. No minimum

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:17:14 GMT

ES15 What is the legally imposed minimum threshold of votes required by a party to win seats in Chamber 2?
c. Not applicable

Comments: The national legislature only consists of one chamber.
Source: Fernando Monteiro, member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Wed, 19 Jun 2002 16:11:11 GMT

ES16 What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 1?
c. Not applicable

Last updated: Thu, 04 Oct 2001 12:03:25 GMT

ES17 What is the legally imposed minimum threshold of votes required by a candidate (independent/party) to win a seat in Chamber 2?
c. Not applicable

Last updated: Thu, 04 Oct 2001 12:04:00 GMT

ES18 Regarding the timing of the elections for Chamber 1, which of the following is true? Elections take place:
b. Elections can be called at any time (specify by whom)

Comments: b.) By the president.
Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:18:04 GMT

ES19 Regarding the timing of the elections for Chamber 2, which of the following is true? Elections take place:
e. Not applicable

Comments: The national legislature only consists of one chamber.
Source: Fernando Monteiro, member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Wed, 19 Jun 2002 16:14:50 GMT

ES20 Regarding Chamber 1 elections (excluding advance voting, postal voting, etc):
a. Voting takes place on one day

Source: Constitution, Ch.3, Art.115
Last updated: Thu, 13 Jun 2002 08:19:02 GMT

ES21 Regarding Chamber 2 elections (excluding advance voting, postal voting, etc):
c. Not applicable

Last updated: Thu, 04 Oct 2001 12:08:11 GMT

Legislative Framework

LF01 What is the status of the electoral law governing national elections?
b. Separate legislation

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:20:29 GMT

LF02 What is the date of the latest version of the national electoral law (including latest amendments)?
a. January 2000 or later

Comments: a.) Amended in April 2000
Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:21:09 GMT

LF03 The national electoral law covers:
a. National elections
c. Local elections

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:21:55 GMT

LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv; International IDEA Voter Turnout Website (http://www.idea.int/vt/)
Last updated: 2006-11-21 18:18:40 UTC

LF05 Are there provisions in the law which permit or require regional and/ or local election (s) to be held on the same day as national elections?
a. National elections are not held on the same day as regional or local elections

Last updated: Thu, 04 Oct 2001 12:11:57 GMT

LF06 Are there provisions in the law which permit or require presidential election (s) to be held on the same day as national legislative elections?
a. Presidential elections are not held on the same day as national legislative elections

Last updated: Thu, 04 Oct 2001 12:12:59 GMT

LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
b. EMB

Comments: b.) Election Commission.
Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Wed, 19 Jun 2002 16:17:08 GMT

LF08 If the agency(ies) which settles formal disputes is/are specially appointed/elected; by whom?
h. Not applicable

Comments: The EMB settles first level of formal electoral disputes.
Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:24:41 GMT

LF09 Who has the right to submit cases to the person or agency(ies)which settles formal disputes?
a. Candidates
b. Parties

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:25:21 GMT

LF10 What body(ies) is the final appellate authority for formal electoral disputes?
c. Superior Court

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:26:07 GMT

LF11 Which body(ies) proposes electoral reforms?
b. Legislative Committee
c. Government

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 08:26:42 GMT

Media and Elections

ME01 Please provide information about the person completing the questionnaire.

Last updated: 2007-01-17 08:28:10 UTC

ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?

Last updated: 2007-01-17 08:28:10 UTC

ME13 What are the laws, if any, which govern the operations of the public broadcaster? Specify the date of the latest version (including latest amendments)

Last updated: 2007-01-17 08:28:10 UTC

ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?

Last updated: 2007-01-17 08:28:10 UTC

ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?

Last updated: 2007-01-17 08:28:10 UTC

ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?

Last updated: 2007-01-17 08:28:10 UTC

ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
g. Other (specify)

Comments: g) Free broadcast time is allocated by allotment.
Source: International IDEA (2003) "Funding of Political Parties and Election Campaigns"
Last updated: 2007-01-17 08:28:10 UTC

ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?

Last updated: 2007-01-17 08:28:10 UTC

ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?

Last updated: 2007-01-17 08:28:10 UTC

ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?

Last updated: 2007-01-17 08:28:10 UTC

ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?

Last updated: 2007-01-17 08:28:10 UTC

ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?

Last updated: 2007-01-17 08:28:10 UTC

ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?

Last updated: 2007-01-17 08:28:10 UTC

Parties and Candidates

PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
g. Not applicable

Comments: The national legislature only consists of one chamber.
Source: Fernando Monteiro, member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Wed, 19 Jun 2002 16:33:35 GMT

PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
c. Country of birth
d. Residence
f. Registration

Comments: a.) 18 years
Source: Constitution, Ch.3, Art.124
Last updated: Thu, 13 Jun 2002 09:03:39 GMT

PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
k. Not applicable

Comments: The national legislature only consists of one chamber.
Source: Fernando Monteiro, member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Wed, 19 Jun 2002 16:34:37 GMT

PC05 What are the legal qualifications for becoming a candidate at presidential elections?
a. Age
b. Citizenship
d. Residence
f. Registration

Comments: a.) 35 years d.) Must have been living in the country at least the 3 years previous to elections.
Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Wed, 19 Jun 2002 16:35:49 GMT

PC06 What can disqualify a candidate at legislative elections?
a. Current criminal incarceration
b. Detention
c. Criminal record
f. Holding of military office
g. Holding of government office
k. Mental health problems

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 09:06:05 GMT

PC07 What can disqualify a candidate at presidential elections?
a. Current criminal incarceration
b. Detention
c. Criminal record
k. Mental health problems

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 09:06:28 GMT

PC08 Can independent candidates compete in presidential or legislative elections?
b. In presidential elections

Last updated: Thu, 04 Oct 2001 13:30:06 GMT

PC09 If independent candidates can compete in legislative elections (Chamber 1), what are the registration requirements?
e. Not applicable

Last updated: Thu, 04 Oct 2001 13:31:19 GMT

PC10 If independent candidates can compete in legislative elections (Chamber 2), what are the registration requirements?
e. Not applicable

Last updated: Thu, 04 Oct 2001 13:31:45 GMT

PC11 If independent candidates can compete in presidential elections, what are the registration requirements?
a. Signature requirement (specify)

Comments: Signature requirement: 1000 a 4000
Last updated: Thu, 04 Oct 2001 13:33:25 GMT

PC12 Do political parties receive direct/indirect public funding?
b. Direct
c. Indirect

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 09:07:04 GMT

PC13 If political parties receive direct/indirect public funding, when do they receive this?
a. As related to the election period only

Last updated: Thu, 04 Oct 2001 13:35:21 GMT

PC14 If political parties receive indirect public funding, identify the type of funding:
a. Free media access

Last updated: Thu, 04 Oct 2001 13:36:12 GMT

PC15 What is the basis of the public funding?
b. Based on result of previous election

Comments: b.) Based on number of valid votes for the party/candidate.
Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 09:08:21 GMT

PC16 If political parties receive public funding, what is the specified purpose?
c. Unspecified

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 09:09:42 GMT

PC17 Are political parties entitled to private funding?
a. Yes

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 09:10:05 GMT

PC18 If political parties are entitled to private funding, for what period?
c. As related to the election period and between elections

Source: Fernando Monteiro, Member of the Electoral Commission, Cape Verde, fam(a)mailcvtelecom.cv
Last updated: Thu, 13 Jun 2002 09:10:27 GMT

PC19 Which of the following party financing provisions are applicable?
a. Public