Info
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level
Comments:
--previously, the comparative data said the CENI was in charge of referenda... it states in the Electoral Law and Constitution that referenda fall under the purview of the Constitutional Council:--
"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." (Article 77)---
Source:
Decree 2005-0024/PR/MID on the composition and functioning of the Independent National Electoral Commission, art. 12: http://aceproject.org/ero-en/regions/africa/DJ/djibouti-decret-no-2005-0024-pr-mid-portant/view
Constitution, Djibouti 1992 (rev. 2010) art. 77
https://www.constituteproject.org/constitution/Djibouti_2010?lang=en
Verified:
2018/04/04
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments:
Operating costs of the Independent National Electoral Commission are the included in the State budget.
Article 25: The running costs of the CENI are the responsibility of the State.
Article 26: The members of the CENI will receive their compensation, a monthly allowance whose amount is fixed as follows: 100.000 FD for the President 75.000 FD for the vice-presidents 60.000 FD for the other members The expenses of mission which are paid to them corresponding to those in force.
Article 27: The Administrative Secretary of the CENI and his / her deputies receive a monthly allowance fixed as follows: 72,000 for the Secretary 50,000 for the assistants The rate of their mission expenses is equivalent to that of the CENI members.
Source:
Decree 2005-0024/PR/MID on the composition and functioning of the Independent National Electoral Commission, art. 25, 26, 27: http://aceproject.org/ero-en/regions/africa/DJ/djibouti-decret-no-2005-0024-pr-mid-portant/view
Verified:
2018/03/30
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments:
The Independent National Electoral Commission is autonomous in the management of its budget.
Source:
Decree 2005-0024/PR/MID on the composition and functioning of the Independent National Electoral Commission, art. 2: http://aceproject.org/ero-en/regions/africa/DJ/djibouti-decret-no-2005-0024-pr-mid-portant/view
Verified:
2018/03/30
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
a . For the election period only
Comments:
Article 4:
The members of the Independent National Electoral Commission (CENI) are appointed and installed for each election. Before taking office, the members of the CENI are installed by the Constitutional Council meeting in solemn audience.
Source:
Decree 2005-0024/PR/MID on the composition and functioning of the Independent National Electoral Commission, art. 4:
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-decret-no-2005-0024-pr-mid-portant/view
Verified:
2018/03/30
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
Article 40: There is established at the national level an Independent National Electoral Commission in charge of the control of electoral operations
Source:
Decree 2005-0024/PR/MID on the composition and functioning of the Independent National Electoral Commission, art. 2:
Organic Law n ° L 11/AN/02/4 amending Article 40 of the Organic Law n ° 2/AN/93 of 07 April 1993
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view
and Article 41 of the Organic Law n ° 1/92 of 29 October 1992 regulating elections, art. 1:
Verified:
2018/03/30
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
c . 21 - 30 members (specify)
Comments:
Article 3: The Independent National Electoral Commission (CENI), at the level of the District of Djibouti, is composed of: * Three (3) members appointed by the government; * Three (3) members appointed by the President of the National Assembly; * Three (3) magistrates elected in general assembly of the magistrates; * Three representatives of civil society; * A person designated by each political party regularly constituted or appointed by the independent candidate (s)
Article 7: The representation of the Independent National Electoral Commission, for each electoral district of the five districts of the interior, is composed as follows: * Two (2) members chosen by the government; * Two (2) members appointed by the President of the National Assembly; * Two (2) magistrates elected in general assembly of magistrates under the same conditions as for the Independent National Electoral Commission (CENI); * Two people nominated by civil society; * A person designated by each political party regularly constituted or appointed by the independent candidate (s)
Source:
Decree 2005-0024/PR/MID on the composition and functioning of the Independent National Electoral Commission, art. 3:
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-decret-no-2005-0024-pr-mid-portant/view
Verified:
2018/04/09
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments:
The CENI has autonomy in managing the budget allocated for each election. The members of the CENI are chosen among the personalities recognized for their competence, their probity, their impartiality, their morality and their patriotic sense.
Source:
Decree 2005-0024/PR/MID on the composition and functioning of the Independent National Electoral Commission, art. 2: http://www.ceni.dj/images/ceni2016/img/TEXTESJURIDIQUES.pdf (2016)
Verified:
2018/03/30
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
e . Legislature
f . Judiciary
g . Political parties
h . Civil society
i . Other
Comments:
Article 3: The Independent National Electoral Commission (CENI), at the level of the District of Djibouti, is composed of: * Three (3) members appointed by the government; * Three (3) members appointed by the President of the National Assembly; * Three (3) magistrates elected in general assembly of the magistrates; * Three representatives of civil society; * A person designated by each political party regularly constituted or appointed by the independent candidate (s)
Source:
Decree 2005-0024/PR/MID on the composition and functioning of the Independent National Electoral Commission, art. 3:
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-decret-no-2005-0024-pr-mid-portant/view
Verified:
2018/03/30
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Additional, but potentially outdated material is available here.