Djibouti is a small country in the Horn of Africa and is bordered with Eritrea, Ethiopia and Somalia and has a coast along the Gulf of Tadjoura, Gulf of Aden and the Bab al-Mandab Strait facing Yemen. Its capital city is easy to remember as it is also called Djibouti and is found along the coast of the Gulf of Tadjoura not too far from the border with Somalia.
In the earliest recorded times, the area that is Djibouti along with Somalia was part of an ancient kingdom called the Land of Punt, and Zeila (now in Somalia) was the seat of the Adal and Ifat Sultanates. In the 19th Century the French acquired what is today Djibouti via a treaty with the ruling Somali and Afar sultans and the French colony was named French Somaliland and in 1967 it was renamed to the French Territory of the Afars and the Issas. The colony eventually voted for independence which they got in 1977 as Djibouti, named after its capital city. There was armed conflict in the early 1990s over representation in government but it was solved via a power-sharing agreement, the country has been on a good track since. Due to its stable nature and strategic location, numerous foreign military bases have been allowed to set up in the country, with the US having its only permanent military base in Africa there.
The official languages in Djibouti are French and Arabic and other national languages are Somali and Afar. The largest ethnic group are Somalis followed by the Afar and the largest religion is Sunni Islam. The country’s currency is the Djiboutian franc. The country’s population is just under 986,000.
Government Type
Djibouti is a presidential representative democratic republic with a President who is Head of State and a Prime Minister who is Head of Government and there is a unicameral chamber called the National Assembly that makes up the legislative government. Multiple parties are allowed, although parties that identify themselves to a specific race, ethnicity, a sex, religion, sect, language or region are not allowed.
The Executive Government
So as stated the country has a President who is Head of State who represents the country abroad in international diplomacy and foreign affairs and who also has a number of executive powers at their disposal.
Presidential Absence
When the President is unable to temporarily fulfil their duty, the Prime Minister will take over as their interim for that period of time. In case of permanent vacancy or definitive incapacity of the President which is determined by the Constitutional Court, who have been referred to it by the Prime Minister or President of the National Assembly, then the interim will be taken by the President of the Supreme Court until fresh elections take place to elect a new President. During the time that the President of the Supreme Court is interim leader they cannot adjust or dissolve the Government and cannot dissolve or modify institutions of the republic.
President’s Powers
The President is charged with determining and conducting the Nation’s policy and the President exercises regulatory power. The President has the power to address messages to the Nation.
The President is the Supreme Head of the countries armed forces, the President appoints the titular officers of the grand commands and the heads of corps. The Presidents confers the decorations of the republic.
The President exercises the right to pardon from the law.
The President promulgates the law bills that have been passed by the National Assembly and he can choose to send the bill back for a 2nd reading in an attempt to amend it if he disagrees with some or all of it. Also, the President can, after consultation with the President of the National Assembly and President of the Constitutional Court, submit a law bill to a national referendum.
In the President’s job on international diplomacy and foreign affairs, the President appoints and accredits the diplomatic and consular representatives and envoys to the foreign powers. Ambassadors and envoys of foreign powers are accredited to the President. The President negotiates and approves treaties and international conventions, which are then given consent via vote of the National Assembly.
Emergency Provisions
During extraordinary times and emergencies, the President can take exceptional emergency powers after advice from the President of the National Assembly and President of the Constitutional Court with a message informing the public. These measures allow the President to do anything, bar constitutional revision, to re-establish regular functioning of public powers and ensure safeguarding of the nation.
During this time the National Assembly convenes of plain right and they ratify decisions of the President, any of which not being ratified will not have an effect.
The Government
The Prime Minister is Head of Government and is designated by the President based on the results of parliamentary elections. The Prime Minister and Government is charged to be of assistance and counsel to the President
The President appoints and terminates members of Government and Ministers on advice of the Prime Minister.
The Prime Minister and the Government implements the policy of the President and in-turn the legislation passed by the National Assembly and promulgated by the President. Government is responsible to the President and the Prime Minister and Government must keep the confidence of the National Assembly.
The President of the Republic presides over the Council of Ministers which deliberates on decisions that determine the general policy of the state, bills of law and appointments to the superior offices of the state from a list established by virtue of a law adopted by the National Assembly. The Council of Ministers can also decree a state of siege or urgency, which requires the consent of the National Assembly to last longer than 15 days.
The President of the Republic has the power to delegate certain of his own functions/powers to the Prime Minister or Ministers and other high functionaries of the administration, that are within the framework of their respective attributions.
Members of Government cannot exercise a parliamentary mandate at the same time.
The Legislative Government
The unicameral chamber called the National Assembly makes up the legislative government and is charged with introducing, debating, amending, passing or rejecting legislation and other decisions/resolutions. The National Assembly currently has 65 members, determined by organic law (which is law that generally cannot be changed via just a simple majority but does not require a constitutional amendment to change). The National Assembly also passes the Bill of the Law of Finance, which is the state budget, if it fails to pass by the specified time then the President of the Republic is obligated to re-implement the budget of the previous year by provisional twelfths.
Legislation can be introduced by the President of the Republic and the members of the National Assembly.
The parliament has legislative oversight of the executive via oral or written questions, interpellation of the Government, annual debate on the state of the nation and also Parliamentary commissions of inquiry can be made, within the framework of the control of the action of Government.
The National Assembly gives consent to a declaration of war. Various international treaties require approval via legislation passed by the National Assembly. Secession or acquisition of territory requires consent via a national referendum.
An extraordinary session on a specific agenda can be called by either the President of the Republic, President of the National Assembly or at the demand of the absolute majority of the National Assembly’s members.
The President of the National Assembly is elected by the members after each new parliamentary mandate (after parliamentary elections). A Conference of Presidents is held to determine agenda of the National Assembly which includes the President of the National Assembly, Vice Presidents of the National Assembly’s Bureau, Presidents of the Parliamentary Groups, Presidents of the Commissions and the Rapporteur-General of the Commission of Finance, a representative of the Government also participates.
The Judicial System
The President of the Republic is the guarantor of judicial independence and is guided by the Superior Council of the Magistrature which the President presides over, its composition is decided by an organic law.
The Constitutional Court has six members serving 8-year-terms and are not renewable. Two are appointed by the President of the Republic, two by the President of the National Assembly and the other two by the Superior Council of the Magistrature. Its members are renewed in halves every 4-years. Those chosen must be at least 30-years-old and be chosen from among jurists of experience. The President of the Constitutional Council is appointed by the President of the Republic from among the court’s members. Former Presidents of the Republic are ex officio members of the court for life.
There is a High Court of Justice that can try the President or members of Government put before it by vote of the National Assembly. The President can only be tried for High Treason. Accusations to put the President or member of Government before the High Court of Justice requires a two-third majority vote of the National Assembly. High Court of Justice decision can lead to removal from office.
The High Court of Justice’s members are designated by the National Assembly at each general renewal and its composition is decided by organic law. The President of the High Court of Justice is elected from among the members of the court.
The Electoral System
Presidential elections happen every 5-years. The election uses a two-round system where a candidate must get an absolute majority to win outright in the first round otherwise a 2nd round will be held between the top two candidates which is won by simple majority. There are no term limits on how many times a single person can hold office.
Candidates for President must be a Djiboutian born citizen, enjoy all civil and political rights and be at least 40-years-old but no older than 75-years-old.
Parliamentary elections happen every 5-years to elect the members of the National Assembly. Members are elected from multi-seat constituencies using a party-list proportional representation system where parties who reach a specified threshold percentage of votes are guaranteed seats.
Candidates for the National Assembly must be a citizen of Djibouti, who are at least 23-years or older and enjoy all civil and political rights.
Sources
Sources from this were from Djibouti’s 1992 constitution with amendments through to 2010 (constituteproject.org) and so should be as accurate as possible but of course there is always the chance I may have misinterpreted something so cross-research is suggested for any using this in a serious capacity and of course the constitution can always be amended and so this post may eventually become outdated.
Some information on electoral procedure from the CIA World Factbook Djibouti entry.
The President of the Republic or at least one-third of National Assembly members can propose an amendment to the country’s constitution. The revision than requires to be passed via the National Assembly on a simple majority and then either requires a National Referendum or the President of the Republic can choose to adopt the revision in the National Assembly instead, requiring a two-thirds majority.
Next up will be the government system of Dominica.
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