|
total countries/territories: 100
|
|---|
| Country/Territory |
Answers |
Comments |
Verified |
|
Albania
|
a. Always
|
Source:
Art 118 et seq. Electoral Code
|
2005/03/17
|
|
Algeria
|
a. Always
|
Source:
Article 175, Constitution
|
2005/04/29
|
|
Andorra
|
b. Under certain circumstances (specify below)
|
|
2006/10/26
|
|
Argentina
|
d. Not applicable
|
|
2021/12/26
|
|
Armenia
|
a. Always
|
|
2005/03/30
|
|
Australia
|
b. Under certain circumstances (specify below)
|
|
2006/10/30
|
|
Austria
|
a. Always
|
Note that there is an additional category of a referendum, the so-called Volksbefragung, which is not binding. See comment under A.1.1.
Source:
Art. 41 ff B-VG.
|
2005/04/26
|
|
Azerbaijan
|
a. Always
|
|
2006/10/30
|
|
Bahamas
|
d. Not applicable
|
Source:
The Constitution of the Commonwealth of the Bahamas (CCB)
|
2006/11/15
|
|
Bahrain
|
c. Never
|
The King has the final decision
Source:
constitution
|
2005/05/01
|
|
Bangladesh
|
d. Not applicable
|
|
2006/11/27
|
|
Belarus
|
a. Always
|
the referendum was valid, and a decision is passed, it is binding.
Source:
Art 121 Electoral Code
|
2005/03/25
|
|
Belgium
|
d. Not applicable
|
|
2012/05/04
|
|
Benin
|
b. Under certain circumstances (specify below)
|
Source:
Voir Chapitre 7(intitule:Du controle de la regularite du referendum et la proclamation des resultats) de la loi N°91-009 du 4 mars 1991 portant loi organique sur la cour constitutionnelle modifiee par la loi du 17 juin 1997 et mise en conformite avec la constitution le 11 juillet 2000.
|
2005/05/06
|
|
Bolivia
|
a. Always
|
Source:
Dr Salvador Romero Ballivian, Presidente, Corte Nacional Electoral
|
2007/01/12
|
|
Bosnia and Herzegovina
|
a. Always
|
Once the legislative body reaches decision to organise a referendum, its final result is binding. Initiatives can be included in an agenda of the session of Parliamentary Committee, which will be decided by the members of that Committee (further, it can also be discussed at the plenary session of the Parliament).
|
2006/11/04
|
|
Botswana
|
d. Not applicable
|
|
2006/10/17
|
|
Brazil
|
a. Always
|
Article 2. Plebiscites and referendums are consultations put to the people to deliberate on matters of significant relevance, of a constitutional, legislative, or administrative nature.
§ 1. The plebiscite is convened prior to a legislative or administrative act, allowing the people, through voting, to approve or deny what has been submitted to them.
§ 2. The referendum is convened after a legislative or administrative act, and it is the responsibility of the people to ratify or reject it.
Source:
Constitution of the Federative Republic of Brazil, 1988, Article 14, 49:
https://www.tse.jus.br/legislacao/codigo-eleitoral/constituicao-federal/constituicao-da-republica-federativa-do-brasil
Law on Elections, Law No. 9,504, September 30, 1997:
https://www.tse.jus.br/legislacao/codigo-eleitoral/lei-das-eleicoes/lei-das-eleicoes-lei-nb0-9.504-de-30-de-setembro-de-1997
Law No. 9,709, of November 18, 1998:
https://www.planalto.gov.br/Ccivil_03/leis/L9709.htm
Plebiscite and Referendum:
http://www.tse.jus.br/eleicoes/plebiscitos-e-referendos
|
2024/10/25
|
|
Bulgaria
|
b. Under certain circumstances (specify below)
|
b) Unless a special law requires an additional approval.
Source:
Law for referendums, article 3
|
2006/11/03
|
|
Burkina Faso
|
a. Always
|
Source:
Assemblee Nationale
|
2005/04/12
|
|
Cambodia
|
d. Not applicable
|
|
2006/11/06
|
|
Canada
|
c. Never
|
|
2006/12/10
|
|
Cape Verde
|
a. Always
|
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
|
2006/11/27
|
|
Chile
|
a. Always
|
|
2005/04/05
|
|
Cook Islands
|
d. Not applicable
|
Source:
Teokoati Joseph, Chief Probation Officer, Probation Service – Ministry of Justice
|
2007/01/08
|
|
Croatia
|
c. Never
|
Source:
Mr. Damir Azenic, GONG
|
2005/11/14
|
|
Cyprus
|
d. Not applicable
|
|
2012/04/26
|
|
Czech Republic
|
b. Under certain circumstances (specify below)
|
b) Only one referendum has been held (on the EU accession) and this was binding. Not regulated.
Source:
Article 5(2) Constitutional Act on referendum, No. 515/2002 Coll.
|
2006/11/27
|
|
Côte d'Ivoire
|
c. Never
|
Source:
DOGOU ALAIN, Rapporteur de la sous commission des operations electorales de la COMMISSION ELECTORALE INDEPENDANTE
|
2005/04/07
|
|
Denmark
|
a. Always
|
|
2006/11/28
|
|
Egypt
|
c. Never
|
They are only opinions; the president has the final decision
Source:
Articles 36 and 37, Political Rights Law.
Article 62, Constitution
|
2025/09/30
|
|
Estonia
|
a. Always
|
Source:
The Constitution of the Republic of Estonia, art. 105(3)
|
2006/11/29
|
|
Finland
|
c. Never
|
The referendum is always consultative.
Source:
The Constitution 53 §.
|
2005/04/13
|
|
Gambia
|
a. Always
|
|
2006/11/09
|
|
Georgia
|
d. Not applicable
|
|
2024/07/24
|
|
Ghana
|
d. Not applicable
|
Source:
1992 Constitution
|
2005/12/15
|
|
Greece
|
a. Always
|
Source:
Article 44 (2) of the Constitution.
|
2005/06/28
|
|
Guam
|
a. Always
|
Source:
Gerald A. Taitano, Executive Director, Guam Election Commission
|
2007/01/10
|
|
Hungary
|
a. Always
|
b) When the turnout and approval quorum is fulfilled.
C:28/C "(6) A national ratification referendum shall be considered successful if more than half of the votes of the citizens voting are valid, but at least more than one-quarter of all eligible voters have given the same answer in the referendum."
Source:
The Constitution of the Republic of Hungary, art. 28/C(6)
|
2006/12/01
|
|
Iran, Islamic Republic of
|
a. Always
|
|
2016/01/23
|
|
Israel
|
d. Not applicable
|
|
2015/03/15
|
|
Italy
|
b. Under certain circumstances (specify below)
|
It is mandatory if the quorum (50% voter turnout) was reached and 50% of the voters approved it.
Source:
Constitution, Art. 75
|
2012/04/17
|
|
Japan
|
d. Not applicable
|
|
2006/12/25
|
|
Kazakhstan
|
a. Always
|
Adopted at the referendum Constitution, constitutional acts, laws, additions and changes to them, decisions on other questions, put to the referendum, shall entry into force from the date of publication of the official statement on the referendum results in the case if the Constitution, constitutional act, law, additions and changes to them, the decision adopted at referendum shall not set another date.
1. Decision taken at referendum shall have a binding force throughout the territory of the Republic of Kazakhstan and shall not need any confirmation by the acts of the President and bodies of state power of theRepublic.
2. Inconsistency between the decision adopted by the referendum and the Constitution, constitutional acts, laws and other normative acts of the Republic shall removed by bringing the Constitution, constitutional acts, laws and other normative acts in compliance with the decision, adopted by the referendum.
Source:
Articles 34 and 35, Law on Referendum
|
2020/05/04
|
|
Kiribati
|
d. Not applicable
|
|
2020/05/03
|
|
Latvia
|
a. Always
|
Source:
Constitution, 1922; Law on National Referendums and Legislative Initiatives, 1994.
|
2005/03/21
|
|
Lesotho
|
d. Not applicable
|
There are no provisions for optional referendums in Lesotho.
|
2015/03/15
|
|
Liberia
|
a. Always
|
Constitution
|
2005/09/30
|
|
Liechtenstein
|
a. Always
|
|
2005/05/03
|
|
Lithuania
|
b. Under certain circumstances (specify below)
|
b) When the referendum initiated by the citizens or the parliament and does not relate to the amendment of any laws but it concerns issues of social importance.
Source:
Republic of Lithuania Law on Referendum, last amended on 6 May 2014 — No XII-860, art. 2
|
2006/11/17
|
|
Macedonia, the Former Yugoslav Republic of
|
a. Always
|
Article 23
The decision for a legislative referendum shall be considered adopted, if majority of the voters that voted, voted for that, if more than half of the total number of voters registered in the General Voters’ List voted.
The decision reached on a legislative referendum shall be compulsory.
Source:
Law on Referendum and civil initiative, Official Gazette of RM no. 24/98, art. 23
https://www.legislationline.org/documents/id/5640
|
2020/04/23
|
|
Malaysia
|
d. Not applicable
|
|
2007/01/07
|
|
Maldives
|
c. Never
|
|
2006/12/30
|
|
Mali
|
a. Always
|
Source:
Titre XVII, article 122 de la constittution
|
2005/06/05
|
|
Malta
|
b. Under certain circumstances (specify below)
|
b) Only where referenda are of the abrogative type.
Source:
Art. 20 of the Referenda Act (Cap. 237)
|
2006/11/22
|
|
Micronesia, Federated States of
|
b. Under certain circumstances (specify below)
|
Source:
Johnathan John, Director, FSM Elections
|
2007/01/08
|
|
Moldova, Republic of
|
d. Not applicable
|
Source:
Kare Vollan, Director, Quality AS
|
2021/03/30
|
|
Morocco
|
c. Never
|
Source:
Articles, 103, 104, and 105, Constitution
|
2005/05/02
|
|
Mozambique
|
d. Not applicable
|
|
2006/10/16
|
|
Namibia
|
b. Under certain circumstances (specify below)
|
b) When it is promulgated; it is passed when it it is approved with quorum. C:132 "(3)(c) If upon the holding of such a referendum the bill containing the proposed repeals and/or amendments is approved by a two- thirds majority of all the votes cast in the referendum, the bill shall be deemed to have been passed in accordance with the provisions of this Constitution, and the President shall deal it in terms of Article 56."
Source:
The Constitution of the Republic of Namibia, Chapter 19, Article 132, Section 3 (a) "Repeal and Amendment of the Constitution
|
2006/11/16
|
|
Netherlands
|
c. Never
|
The outcome of the referendum can never be binding. This would be a violation of the statutory regulations in the Dutch Constitution.
Source:
Article 81 of the Constitution.
|
2005/09/06
|
|
New Zealand
|
d. Not applicable
|
|
2024/07/12
|
|
Niger
|
a. Always
|
Source:
Code electoral article 130
|
2005/06/06
|
|
Nigeria
|
d. Not applicable
|
|
2006/12/30
|
|
Norway
|
c. Never
|
Source:
Kare Vollan, Director, Quality AS
|
2007/01/07
|
|
Paraguay
|
b. Under certain circumstances (specify below)
|
b) This is decided by Congress and regulated by law.
C:TII:ChX:121 "A legislative referendum, approved by law, can be either binding or nonbinding. A law will regulate this institution."
C:TIV:290 "[...] (3) If the amendment has been approved by the two chambers of Congress, the full text of it will be submitted to the Superior Electoral Court, which, within a period of 180 days will call a referendum. If the outcome of the referendum is in favor of the amendment, it will be considered that it has been approved and promulgated and considered part of the Constitution."
EL:259 "The authorization for calling the voters for a legislative referendum, in any of its types, consultive or binding, is an exclusive duty of Congress…."
Source:
The 1992 Constitution of the Republic of Paraguay, art. II:X:121, IV:290; the Electoral Law, art. 259
|
2006/12/31
|
|
Poland
|
b. Under certain circumstances (specify below)
|
If there is 50% support.
Source:
Act on all-national referendum of 14 March 2003
Journal of Laws of the Republic of Poland No 57 of 2 April 2003
|
2006/12/25
|
|
Portugal
|
a. Always
|
|
2005/04/20
|
|
Qatar
|
a. Always
|
C:75 "The Emir shall seek public opinion on important issues pertaining to the interests of the State in a referendum. The subject of such referendum shall be deemed acceptable if acknowledged by the majority of voters; and the results of the referendum shall be binding and effective from the date of its announcement. The results shall be published in the official Gazette."
Source:
The 2003 Constitution of Qatar, art. 75
|
2006/12/31
|
|
Romania
|
a. Always
|
Source:
Constitution, 2003, Section 95 and 150-152; Law on referendums, 2000, article 1-12.
|
2005/03/20
|
|
Russian Federation
|
a. Always
|
Source:
Federal Constitutional Act on the Referendum of Russian Federation of 2004. N 5/FK3 . Art.83.(2).
|
2016/06/09
|
|
Rwanda
|
a. Always
|
Source:
http://aceproject.org/ero-en/regions/africa/RW/rwanda-organic-law-nb0-17-2003-of-07-07-2003/view
|
2018/11/02
|
|
Saint Kitts and Nevis
|
a. Always
|
|
2020/04/26
|
|
Senegal
|
a. Always
|
Source:
Article 108 de la Constitution
|
2005/06/06
|
|
Seychelles
|
a. Always
|
Source:
article 91(1) of constitution
|
2005/08/30
|
|
Sierra Leone
|
c. Never
|
NOT PART OF SIERRA LEONE LAWS
|
2005/06/13
|
|
Singapore
|
d. Not applicable
|
|
2007/01/07
|
|
Slovakia
|
b. Under certain circumstances (specify below)
|
Source:
The Constitution of the Slovak Republic (1992), Art. 99
|
2006/12/10
|
|
Slovenia
|
a. Always
|
Source:
art. 90 of the Constitution
|
2005/04/14
|
|
Solomon Islands
|
d. Not applicable
|
Source:
David Clark, Electoral Capacity Development Coordinator, Solomon Islands Election Commission
|
2007/01/09
|
|
South Africa
|
a. Always
|
|
2006/10/17
|
|
Spain
|
c. Never
|
|
2012/04/18
|
|
Sri Lanka
|
b. Under certain circumstances (specify below)
|
b) When the referendum is valid and passed.
C:80 "(1) Subject to the provisions of paragraph (2) of this Article, a Bill passed by Parliament shall become law when the certificate of the Speaker is endorsed thereon. (2) Where the Cabinet of Ministers has certified that any Bill or any provision thereof is intended to be submitted for approval by the People at a Referendum or where the Supreme Court has determined that a Bill or any provision thereof requires the approval of the People at a Referendum or where any Bill is submitted to the People by Referendum under paragraph (2) of Article 85, such Bill or such provision shall become law upon being approved by the People at a Referendum in accordance with paragraph (3) of Article 85 only when the President certifies that the Bill or provision thereof has been so approved. The President shall endorse on every Bill so approved a certificate in the following form : - “This Bill/provision has been 21[duly approved by the People at a Referendum.” No such certificate shall be endorsed by the President on a Bill – (a) in any case where no petition is filed challenging the validity of the referendum at which such bill was approved by the People, until after the expiration of the period within which a petition may be filed, under the law applicable in that behalf, challenging the validity of such referendum: (b) in any case where a petition is filed challenging the validity of the Referendum at which such Bill was approved by the People, until after the Supreme Court determines that such Referendum was valid.]"
C:85 "(3) Any Bill or any provision in any Bill submitted to the People by Referendum shall be deemed to be approved by the People if approved by an absolute majority of the valid votes cast at such Referendum: Provided that when the total number of valid votes cast does not exceed two-thirds of the whole number of electors entered in the register of electors, such Bill shall be deemed to be approved only if approved by not less than one-third of the whole number of such electors."
Source:
The Constitution of Sri Lanka, art. 80 and 85(3): http://aceproject.org/ero-en/regions/asia/LK/sri-lanka-constitution-as-amended-up-to-9/at_download/file
|
2016/02/15
|
|
Sudan
|
c. Never
|
The President has the final decision
Source:
Article 66 and 128, Constitution
|
2005/05/03
|
|
Sweden
|
c. Never
|
Source:
The Instrument of the Government Ch. 8, Section 4: Official Website of the Parliament: http://www.riksdagen.se/sv/Start/Bestall/Sprakversioner/English---engelska1/Sveriges-grundlagar-och-riksdagsordningen1/ (2012);
Act on National Referenda (SFS 1979:369): http://www.sweden.gov.se/content/1/c6/06/97/09/436f8d27.pdf (2012
|
2012/05/16
|
|
Switzerland
|
a. Always
|
Source:
Constitution, Art. 141, 142;
Electoral Law of 17 December 1976 regulating political rights, Art. 15: Official website of the Swiss administration: http://www.admin.ch/ch/f/rs/161_1/index.html (2012)
|
2012/05/14
|
|
Taiwan
|
a. Always
|
With regard to the result of voting for a proposal of referendum, if valid ballots of assent are more than ballots of dissent and reach 1/4 of eligible voters, the proposal is adopted.
If valid ballots of assent are less than ballots of dissent or do not reach the quantity prescribed in the preceding Paragraph, the proposal is vetoed.
Source:
Article 29, Referendum Act
|
2020/03/31
|
|
Timor-Leste
|
b. Under certain circumstances (specify below)
|
b) When the turnout quorum is achieved.
C:66 "4. A referendum shall only be binding where the number of voters is higher than half of the registered electors."
Source:
The 2002 Constitution of the Democratic Republic of Timor Leste, art. 66:4
|
2007/01/05
|
|
Togo
|
b. Under certain circumstances (specify below)
|
Source:
Constitution 1992 titre 1 article 4 alinea 3.
|
2005/05/12
|
|
Tonga
|
d. Not applicable
|
|
2021/09/15
|
|
Tunisia
|
c. Never
|
The President has the final decision
Source:
Articles 2, 47 and 72 of Constitution
|
2005/05/03
|
|
Turkey
|
a. Always
|
Source:
Art 175 Constitution
|
2015/06/01
|
|
Turkmenistan
|
a. Always
|
|
2007/01/06
|
|
Uganda
|
a. Always
|
Source:
http://www.ugandaobserver.com/today/archives/2004arch/news/oct/news200410212.php
|
2005/08/24
|
|
United Kingdom of Great Britain and Northern Ireland
|
b. Under certain circumstances (specify below)
|
When specified in the legislation. This has never happened to date, the referendums to date in the UK, even prior to the Political Parties Elections and Referendums Act were all advisory.
Source:
Political Parties Elections and Referendums Act 2000
|
2012/05/09
|
|
Uruguay
|
d. Not applicable
|
|
2006/04/11
|
|
Viet Nam
|
d. Not applicable
|
|
2021/03/25
|
|
Western Sahara
|
c. Never
|
The President has the final decision
Source:
Articles 156 and 157, Constitution
|
2009/08/14
|
|
Yemen
|
c. Never
|
The President has the final decision
Source:
Articles 156 and 157, Constitution
|
2005/05/03
|
|
Zimbabwe
|
d. Not applicable
|
Source:
Maureen Nthabiseng Moloi, EISA
|
2018/10/31
|
