Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
b . No, existing regional/provincial/other boundaries are used
Comments: Article 1: This law defines and delimits the electoral constituencies in which the 65 members of the National Assembly are chosen.
Article 2: The basic constituencies selected for the legislative elections are made up of five different regions of the interior and the City of Djibouti.
Article 3: The geographical boundaries of the regions of the interior and the City of Djibouti result from the provisions of Order No. 2003-0278/PR/MID of April 9, 2003.
Article 4: This Law, which applies immediately, will be published in the Official Gazette of the Republic of Djibouti upon its promulgation.
Updated 20 June, 2023.
Source: Portant définition et délimitation des circonscriptions électorales (On the definition and delimitation of electoral constituencies) Articles 1-4. 16 June, 2010. http://www.presidence.dj/jo/2008/loi218an08.php
Verified: 2023/06/20
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
g . Other
Comments: Article 2: The basic constituencies selected for the parliamentary elections consist of five different regions of the interior and the city of Djibouti.
Article 3: The geographical boundaries of the regions of the interior and the City of Djibouti result from the provisions of the decree n ° 2003-0278 / PR / MID of April 9th, 2003
Verified 20 June, 2023.
Source: Electoral Law of 1992, Article 16: https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
Portant définition et délimitation des circonscriptions électorales. Art. 2 and 3
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-loi-nb0218-an-8-5eme-l-portant-definition/view
Verified: 2023/06/20
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
h . Not applicable
Comments: Existing district boundaries are used.
Verified 20 June, 2023.
Source: Electoral Law of 1992, Article 16: https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
Loi n°218/AN/08/5ème L Portant définition et délimitation des circonscriptions électorales. Art. 2 and 3
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-loi-nb0218-an-8-5eme-l-portant-definition/view
Verified: 2023/06/20
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
a . Head of State is the Head of Government c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: The executive power is assured by the President of the Republic who is also Head of the Government.The President of the Republic is elected for �ve years by direct universal suffrage and by majority ballot in two rounds. He is re-eligible under the conditions speci�ed in Article 23 (Any candidate to the functions of President of the Republic must be of Djiboutian nationality, to the exclusion of any other, enjoy their civil and political rights and be forty years of age at least, and of seventy-�ve years at most on the date of the deposit of his candidature.)
Source: “Djibouti’s Constitution of 1992 with Amendments through 2010.” Constitute Project, 27 Apr. 2022, www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en.
Verified: 2023/07/11
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
b . Directly elected in general elections, absolute majority (with 2nd round if necessary)
Comments: The President of the Republic is the Head of State and the Head of Government. The President of the Republic is elected for five years by direct universal suffrage and majority vote in two rounds.
--It should be noted that Djibouti also has a Prime Minister, which is selected by the President--
Article 40 :The President of the Republic is assisted, in the exercise of his functions, by a Government of which the Prime Minister and the Ministers are members of plain right.
The Government is charged to assist and to be of counsel to the President of the Republic in the exercise of his functions.
The President of the Republic designates the Prime Minister, and on proposal by him, appoints the other members of the Government.
He establishes their attributions and terminates their functions.
The Prime Minister implements the policy of the President of the Republic, coordinates and animates the action of the Government.
The members of the Government are responsible before the President of the Republic.
Source: “Djibouti’s Constitution of 1992 with Amendments through 2010.” Constitute Project, 27 Apr. 2022, www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en.
Verified: 2023/07/11
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: Term limits were removed from the Constitution in 2010
Source: Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010, art. 21 : https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
https://freedomhouse.org/report/freedom-world/2016/djibouti
Verified: 2023/07/11
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The Parliament is constituted by a single Assembly, called the National Assembly, of which the members carry the title of Deputies.
Source: Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010, art. 44: https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
Verified: 2023/07/11
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
h . Mixed Member Proportional
Comments: The Deputies to the National Assembly are elected for �ve years by direct and secret universal suffrage. They are re-eligible.All Djiboutian citizens, enjoying their civil and political rights, twenty-three years of age or more, are eligible.
The National Assembly is composed of 65 members elected for five years (5 years) to the proportional representation, to the vote of list to a turn, without mixing or preferential vote. It is completely renewed and its members are re-eligible.Parliamentary elections are held within thirty days before or after the expiry of the powers of the members of the National Assembly.The election is won for one of the lists in the running which has received an absolute or relative majority of the votes cast. The majority list is therefore allocated to 80% of the seats to be filled (80%), rounded off, if necessary, to the nearest whole number.Once this allocation has been made, the other seats are allocated to proportional representation according to the rule of the highest average among all the lists which obtained more than 10% of the votes cast, except, however, of the majority list.
If the list or the minority lists in competition do not obtain more than 10% of the votes cast, the totality of the seats returns to the majority list. If several lists have the same average for the allocation of the last seat, this one returns to list which obtained the greatest number of suffrage. In the case of a tie, the seat is allocated to the oldest candidate who may be declared elected. The seats are allocated to the candidates in the order of presentation on the list.
Source: Organic Law No. 1/AN/92 regulating Elections as amended by Law n°16/AN/12, art. 33: http://www.presidence.dj/PresidenceOld/jo/2012/loiorg16an12.php (2018)
“Djibouti’s Constitution of 1992 with Amendments through 2010.” Constitute Project, 27 Apr. 2022, www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en.
Verified: 2023/07/11
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
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
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body
Comments:
Article 12: Of its attributions. The Independent National Electoral Commission (CENI) is in charge of the control of the electoral operations. It has all the power of investigation to ensure the sincerity of the vote. To do this it: * Controls the management of the electoral register, * Controls the establishment and revision of electoral lists, * Controls the printing and distribution of voter cards, * Ensures the publication of voters lists, * Standby to the publication of the members of the polling stations, * Ensures the control of the electoral operations, * Checks the installation of the materials and the electoral documents, * Can appoint two members in charge to assist the computerized transmission of the results carried out in the office of the Minister of the Interior.
Article 16: The Administrative Secretariat of the National Independent Electoral Commission (CENI) is composed of seven (7) members: One (1) Administrative Secretary assisted by six (6) deputies who respectively have the following attributions: * logistics and electoral operations; * communication, public relations, archives management; * legal Affairs ; * electoral constituencies; * administrations and finances. Once the Independent National Electoral Commission (CENI) installed in accordance with the above article, the Administrative Service (SA) and its staff are placed under the hierarchical and functional authority of the President of the National Independent Electoral Commission (CENI).
Source: Decree No. 2005-0024 / PR / MID on the composition and functioning of the National Independent Electoral Commission for the Presidential Elections. Art. 12, 16
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-decret-no-2005-0024-pr-mid-portant/view
Verified: 2018/03/30
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
d . No information available
Comments: "In January 2011, Democracy International urged the Djibouti government to
launch a comprehensive information campaign airing voter education messages on democratic principles, the meaning of elections and the roles and responsibilities of citizens. Furthermore, education addressing gaps in the public’s knowledge of important areas such as voter registration and the issuance of national identification cards would go far in increasing understanding and encouraging broader public participation in electoral processes"
Source: ISSA Report: Elections, politics and external involvement in Djibouti (2011) pp.3
http://aigaforum.com/articles/The_situation_Djibouti.pdf
Verified: 2018/03/30
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
a . No
Comments: USAID was helping fund a voter education campaign in 2011, but Djibouti discontinued it and kicked them out after a violent opposition protest.
Source: ISSA Report: Elections, politics and external involvement in Djibouti (2011) pp.3
http://aigaforum.com/articles/The_situation_Djibouti.pdf
Verified: 2018/03/30
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: ARTICLE 3. - All Djiboutian nationals of both sexes aged 18 years and enjoying their civil and political rights are voters.
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art. 3: https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
Verified: 2018/03/30
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship
Comments: ARTICLE 3. - All Djiboutian nationals of both sexes aged 18 years and enjoying their civil and political rights are voters.
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art. 3:
https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
Verified: 2018/03/30
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: Article 12: Of its attributions. The Independent National Electoral Commission (CENI) is in charge of the control of the electoral operations. It has all the power of investigation to ensure the sincerity of the vote. To do this it: * Controls the management of the electoral register, * Controls the establishment and revision of electoral lists, * Controls the printing and distribution of voter cards, * Ensures the publication of voters lists, * Standby to the publication of the members of the polling stations, * Ensures the control of the electoral operations, * Checks the installation of the materials and the electoral documents, * Can appoint two members in charge to assist the computerized transmission of the results carried out in the office of the Minister of the Interior.
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
Verified: 2018/03/30
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: The right to vote is subject to prior registration in the electoral register in the administrative district where voters have their domicile or residence.
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art.4
https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
Verified: 2018/03/30
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) b . Deposit requirement (specify amount) c . Regional distribution requirement e . Minimum number of candidates f . Other
Comments: ARTICLE 31. - For each district, each list includes a number of candidates equal to the number of seats to be filled. No one may be a candidate on more than one list.
ARTICLE 32. - Regularly constituted political parties are the only ones entitled to present candidates.
ARTICLE 33. - The lists of candidatures are deposited in duplicate with the Ministry of the Interior at the latest fifteen days before the opening of the electoral campaign. They must include the name, date and place of birth, domicile and profession of the candidates as well as their signature preceded by the handwritten mention (For acceptance) and the date. They must also mention the title of the list and the color or emblem chosen for the printing of the ballots. In addition, each candidate must attach to the list the following documents: - a criminal record of less than three months; - a birth certificate extract; - an attestation by the Commissioner of the Republic of his place of residence proving that he is domiciled in the country and that he is registered on the electoral lists.
ARTICLE 34. - The depositor of the list shall immediately be given a provisional receipt. A final receipt is issued after payment to the National Paymaster Treasurer of a bond fixed at 500,000 Djibouti francs per candidate and after examination of the admissibility of applications.
--It should be noted that parties MUST be registered for the government but the Electoral law does not include how this process is completed. Djibouti only changed to a multi-party country in 1992, with no opposition party winning seats until 2013--
Source: Electoral Law n° 1/AN/92 regulating elections, as amended by Organic Law n°14/AN/11/6, art. 31-34: https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
Verified: 2018/04/09
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship i . Minimum level of literacy j . Other
Comments: ARTICLE 11. - Eligible to the National Assembly all Djibouti aged 23 years old, having the quality of voter and able to read, write and speak fluently French or Arabic.
ARTICLE 12. - The following may not be elected members of the National Assembly during the exercise of their functions: - the President of the Republic, - the Commissioners of the Republic, district chiefs and their deputies, the district chiefs of the district of Djibouti, - Secretaries-General of the Government and Ministries, - Judges, - State Controllers, Inspectors of Labor and Education, - Members of the Armed Forces and the National Security Force. - the commissioners and inspectors of the National Police.
Source: Electoral Law n° 1/AN/92 regulating elections, as amended by Organic Law n°14/AN/11/6, art. 11 and 12: https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
Verified: 2018/03/30
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
b . In presidential elections
Comments: The legal framework says that candidates have to be registered by a party, but there are independent candidates that run in the elections
ARTICLE 22. - The declaration of candidacy made in duplicate and bearing the signature of the candidate must be presented by a regularly constituted political party. The declaration of candidacy is registered by the Minister of the Interior who delivers immediately receipt.
ARTICLE 32. - Regularly constituted political parties are the only ones entitled to present candidates
Source: Electoral Law n° 1/AN/92 regulating elections, as amended by Organic Law n°14/AN/11/6, art. 22, 32:
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view
Verified: 2018/04/02
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
c . Indirect d . Other
Comments: ARTICLE 60. Candidates and political parties may use state and state television channels for their election campaign. A 60-minute program per candidate for the presidential elections, and by party for the parliamentary elections, is made available to the candidates. This 60 minutes duration, both on radio and television, can be used in a fractional way. The programs must be recorded and produced in the RTD studios.
There are not clear laws on party financing... see below evaluation report:
The ruling coalition is advantaged by unfettered access to the national media, which according to J Brass ‘cannot serve as a forum … because it is state-controlled and tightly monitored’.32 The UMP makes use of the state resources at its disposal for party financing.33 In fact, the most persistent problem in post-1991 Djiboutian politics is the fusion of the ruling party and the state and the ensuing difficulty of distinguishing between these two entities
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art. 59, 60, 61: http://aceproject.org/ero-en/regions/africa/DJ/djibouti-loi-electorale-avec-modifications-2002/view)
ISS Situation Report, 2011, Elections, politics and external involvement in Djibouti, p. 4
http://aigaforum.com/articles/The_situation_Djibouti.pdf
Verified: 2018/03/30
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments: Article 59: The State pays the following propaganda expenses: - the printing of the ballot papers; - the printing of a circular to send or to send to all voters; - the printing and display of a cabinet with a maximum dimension of 594mmx84l mm; - the printing and display of a 297 mm x 420 mm format cupboard. A propaganda commission to give an opinion on the printing price of the election documents must be constituted at least twenty days before the date of the elections.
Article 60:Candidates and political parties can use the state and state television channels for their election campaign. A 60-minute program per candidate for the presidential elections, and by party for the parliamentary elections, is made available to the candidates. This 60 minutes duration, both on radio and television, can be used in a fractional way. The programs must be recorded and produced in the RTD studios.
No information available on direct public funding of political parties.
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art. 59, 60, 61: http://aceproject.org/ero-en/regions/africa/DJ/djibouti-loi-electorale-avec-modifications-2002/view
Verified: 2018/04/02
PC017
Question: Are political parties entitled to private funding?
Answer:
c . No information available
Comments:
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art. 59, 60, 61:
https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
http://www.ceni.dj/images/ceni2016/img/TEXTESJURIDIQUES.pdf (2016)
Verified: 2018/04/02
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: Vote counting takes place either in the polling station or at the seat of the administrative district. In this case, the transport of the ballot box must be done by the members of the polling station, constantly accompanied by representatives of political parties.
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art. 51:
https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
Verified: 2018/04/02
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
g . No information available
Comments:
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4: https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016)
Verified: 2018/04/02
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance
Comments: Art 60: 60 minutes of broadcast time are allocated to each political party.
Art 61: Locations are reserved for posting by local authorities in equal numbers for each candidate or list of candidates as appropriate.
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art. 60, 61:
https://aceproject.org/ero-en/regions/africa/DJ/djibouti-electoral-law-1992/view (2016);
Verified: 2018/04/02
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
c . No
Comments: It seems that Djibouti had its first televised debates in 2013, but it is not regulated in the legal framework and there is no information about debates prior to the recent 2018 elections.
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended 2002
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-loi-electorale-avec-modifications-2002/view
http://allafrica.com/stories/201302200355.html
Verified: 2018/04/02
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments: There is no specific legal provision in this regard.
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art. 60:
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-loi-electorale-avec-modifications-2002/view
Verified: 2018/04/02
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments: There are no specific legal provisions in this regard.
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4:
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-loi-electorale-avec-modifications-2002/view
Verified: 2018/04/02
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Article 33
The President of the Republic can, after consultation of the President of the National Assembly and of the President of the Constitutional Council, submit any Bill of law to referendum.
Article 91
The initiative of revision of the Constitution belongs concurrently to the President of the Republic and to the Deputies.
For it to be discussed, any parliamentary proposal for revision must be signed by one-third at least of the members of the National Assembly.
The Bill or proposal of revision must be voted with the majority of members of the National Assembly, and only becomes definitive after having been approved by referendum with the simple majority of the suffrage expressed.
Nevertheless, the referendum procedure may be avoided on the decision of the President of the Republic; in this case, the Bill or proposal of revision is only approved if it is adopted with the majority of two-thirds of the members composing the National Assembly.
Source: Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010, art. 33, 91: https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
Verified: 2018/04/02
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Article 62 (3)
No cession, no acquisition of territory is valid without the consent of the people who decide by means of referendum.
Art. 91
The draft or proposed constitutional revision must be voted by a majority of the members of the National Assembly and does not become final until approved by a referendum by simple majority of votes cast. However, the referendum procedure can be avoided by decision of the President of the Republic. In this case, the project or the proposed constitutional revision must be approved by a two-thirds majority of the members of the National Assembly.
Source: Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010, art. 62, 91: https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
Verified: 2018/04/02
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: The President may, after consultation with the President of the National Assembly and the President of the Constitutional Council, submit any bill to a referendum.
Source: Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010, art. 33: https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
Verified: 2018/04/02
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010: https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
https://www.idea.int/data-tools/country-view/93/45
Verified: 2018/04/02
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010: https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
https://www.idea.int/data-tools/country-view/93/45
Verified: 2018/04/02
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010: https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
https://www.idea.int/data-tools/country-view/93/45
Verified: 2018/04/02
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
d . No information available
Comments: There is no explicit language on whether or not referendum results are binding
Source: Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010 https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
Verified: 2018/04/02
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: Article 33: The President of the Republic can, after consultation of the President of the National Assembly and of the President of the Constitutional Council, submit any Bill of law to referendum.
Article 62 (3): No cession, no acquisition of territory is valid without the consent of the people who decide by means of referendum.
Article 91:The initiative of revision of the Constitution belongs concurrently to the President of the Republic and to the Deputies.
For it to be discussed, any parliamentary proposal for revision must be signed by one-third at least of the members of the National Assembly.
The Bill or proposal of revision must be voted with the majority of members of the National Assembly, and only becomes definitive after having been approved by referendum with the simple majority of the suffrage expressed.
Nevertheless, the referendum procedure may be avoided on the decision of the President of the Republic; in this case, the Bill or proposal of revision is only approved if it is adopted with the majority of two-thirds of the members composing the National Assembly.
Source: Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010, art. 33, 62, 91: https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
Verified: 2018/04/02
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments:
Source: Constitution, as amended by Constitutional Law n° 134/AN/06/5 L of 21 Avril 2010: https://www.constituteproject.org/constitution/Djibouti_2010.pdf?lang=en (2016)
Loi N°174/AN/02/4ème L portant Décentralisation et Statut des Régions.
http://www.region-alisabieh.dj/wp-content/uploads/2014/06/Textes-fondateurs-de-la-Région-Loi-N-174-AN-02-4ème-L-portant-Décentralisation-et-Statut-des-Régions.pdf
Verified: 2018/04/02
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections
Comments: Article 47:
Every elector, registered on the electoral list of the district, is entitled to take part in the vote in the office to which he is attached, unless he is detained in a penitentiary institution or interned in a public institution of insane. However, subject to the control of their identity card, of their voter's card and of their mission title, are allowed to vote outside their place of registration, the civil servants, the military and the magistrates on mission and all other people traveling for service.
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art. 47:
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-loi-electorale-avec-modifications-2002/view
Verified: 2018/04/02
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
c . Citizens outside the country (including those on vacation) d . Members of the armed forces e . Students f . Diplomatic staff
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. Djiboutians residing abroad must, in order to be electors: - to be registered at the consulate or embassy of the Republic of Djibouti in the country of their residence; - be registered on the electoral list of the embassy to which the country of residence belongs.
Article 47:
Every elector, registered on the electoral list of the district, is entitled to take part in the vote in the office to which he is attached, unless he is detained in a penitentiary institution or interned in a public institution of insane. However, subject to the control of their identity card, of their voter's card and of their mission title, are allowed to vote outside their place of registration, the civil servants, the military and the magistrates on mission and all other people traveling for service.
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art. 4, 47:
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-loi-electorale-avec-modifications-2002/view
Verified: 2018/04/02
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates
Comments: 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. Djiboutians residing abroad must, in order to be electors: - to be registered at the consulate or embassy of the Republic of Djibouti in the country of their residence; - be registered on the electoral list of the embassy to which the country of residence belongs.
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art. 4:
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-loi-electorale-avec-modifications-2002/view
Verified: 2018/04/02
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: Article 49: On entering the voting room, the elector after having proved his identity, makes his registration on the list of electors. The vote of each elector is noted by the signature or the initials of one of the members of the polling station affixed on the list of signatures opposite the name of the elector. In addition, the vote of the elector is noted by the affixing of the imprint of his left thumb in indelible ink in front of his name in the presence of the members of the office
Source: Electoral Law n° 1/ AN /92 regulating elections, as amended by Organic Law n ° L 11/AN/02/4, art. 49:
http://aceproject.org/ero-en/regions/africa/DJ/djibouti-loi-electorale-avec-modifications-2002/view
Verified: 2012/09/06
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