Info
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation c . Decree
Comments: July 16, 1992: The Assembly to the standing committee promulgated the law, regulating the enjoyment the exercise of the right to vote and organizes the consultations of the people by referendum as well as the legislative and presidential elections.
Article 2: Suffrage is universal, direct, equal and secret.
Article 3: All Djiboutian nationals of both sexes aged 18 and enjoying their civil and political rights are electors.
Article 4: The exercise of the right to vote is subject to prior registration on an electoral list of the administrative district where the domicile or residence is located, except for derogation provided for by this law. Djiboutians residing abroad must, to be electors:
- Be registered with the consulate or the embassy of the Republic of Djibouti in the country of their residence.
- Be registered on the electoral list of the embassy responsible for the country of residence.
Article 5: The electoral list includes:
- all voters who have their domicile or residence in the district where they are
surveyed;
- those who are subject to compulsory residence in the district where they are registered in
as a civil or military official;
- those who, not fulfilling the conditions of age or residence indicated above
on the opening date of the registration period on the electoral rolls, complete them on the day fixed by the ballot.
Article 6: Must not be entered on the electoral list individuals convicted of a crime as well as those who have been sentenced for an offense to a firm prison sentence of more than three months or to a suspended prison sentence of more than one year. year, with the exception of convictions for the offense of recklessness.
Article 7: No one may be registered on several electoral rolls. At the time of a permanent change of residence, the elector registered on an electoral list immediately requests, within three months of this change, his deletion from this list and his registration in his new constituency of residence.
Article 8: A voter's card must be issued to any voter registered on the electoral list. The procedures for establishing and issuing this card as well as the period of its validity are defined by decree taken by the Council of Ministers.
Source: Organic Law No. 1/AN/92 regulating Elections, as amended by Organic Law n ° n°16/AN/12/6: https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
Decree No. 2005-0024 / PR / MID on the composition and functioning of the National Independent Electoral Commission for Presidential Elections
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-decret-no-2005-0024-pr-mid-portant/view
Constitution, Djibouti 1992 (rev. 2010),
https://www.constituteproject.org/constitution/Djibouti_2010?lang=en
and others:
La Loi Organique n°2/AN/93/3ème L modifiant la Loi Organique n°1/AN/92 du 29 octobre 1992 ;
La Loi Organique n°11 portant modification de l'article 40 de la Loi Organique n°2/AN/93 et de l'article 41 de la Loi Organique n°1/AN/92 relative aux élections ;
La Loi Organique n°12/AN/07/5ème L modifiant et complétant la Loi Organique n°1/AN/92 relative aux élections ;
La Loi Organique n°13/AN/10/6ème L modifiant la Loi Organique n°1/AN/92 relative aux élections ;
La Loi Organique n°14/AN/11/6ème L du 04 juin 2012 modifiant la Loi Organique n°1/AN/92 relative aux élections
Verified: 2023/07/11
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections d . Referendums
Comments: Presidential elections, legislative elections and referenda.
Source: Organic Law No. 1/AN/92 regulating Elections, art. 1: https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
Verified: 2023/07/11
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: Article 4: The exercise of the right of suffrage is subject to the prior registration on an electoral list of the administrative district where the domicile or residence is located, except as otherwise provided in this law.
Source: Organic Law No. 1/AN/92 regulating Elections, art. 3 and 4: https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
Verified: 2023/07/11
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
d . Other
Comments: ARTICLE 69. - The dispute of all the elections falls within the competence of the constitutional council. Pending the establishment of this institution provided for by Articles 75 to 82 of the Constitution, its powers in electoral matters are exercised by the Supreme Court
Article 77: The Constitutional Council sees to the regularity of all the elections and of the operations of referendum and proclaims the results of them. It examines the complaints and decides on them.
The Constitutional Council is referred to the matter in case of dispute concerning the validity of an election by any candidate or any political party.
Source: Organic Law No. 1/AN/92 regulating Elections, art. 69 - 74: https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016);
Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010, art. 47 (2), art. 77: https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
Verified: 2023/07/11
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