The National Council for Development, meeting as Constituent
Assembly on 30 May 1991;
Trusting in God Almighty;
In view of the liberation action of the people of Rwanda
accomplished by the social revolution of 1959;
Concerned about defending the republican form of
Born of the will of the people on 28 Jan 1961 and confirmed by
referendum on 25 Sep 1961;
Resolved to safeguard the national indep recovered on 1 July
1962 as well as the acquisition moral revolution 5 July
Faithful to democratic principles and concerned about ensuring
the protection of human rights and promoting respect for
fundamental freedoms, in accordance with the 'Universal
Declaration of Human Rights' and the 'African Charter of
Rights of Humans and People';
Wishing to adapt to national realities the constitutional
principles established on 24 Nov 1962 and 20 Dec 1978 and to
safeguard the national acquisitions for the purpose of
Convinced of the necessity to achieve effectively national unity,
peace, social justice, and respect for human rights based on
liberty, equality, and fraternity for all members of the Rwandan
Resolved to guarantee to present and future generations the
benefits of liberty, prosperity, and fulfillment for each
Resolved to pursue efforts made towards the development and
prosperity of the country;
Resolved to contribute to maintaining the peaceful coexistense
of nations, reinforcing cooperation between peoples, and
developing African unity;
In revision of the Constitution of 20 Dec 1978 and in
accordance with Article 91 thereof;
Does establish and adopt this Constitution for the Republic of
CHAN ROBLES VIRTUAL LAW LIBRARY : Title I The Republic
Article 1 [State]
(1) Rwanda shall be a democratic, social, and sovereign
Republic which shall take the name 'Republic of Rwanda'.
(2) Its Principle shall be: "Government of the people, by the
people, and for the people."
Article 2 [Republic]
Monarchy shall be abolished and cannot be restored.
Article 3 [Flag, Seal, Anthem]
(1) The national flag shall consist of bands of red, yellow, and
green color, starting from the pole, and with the letter 'R' in
black in the center of the yellow band. The Motto of the
Republic shall be "Liberty, Cooperation, Progress."
(2) The Seal of the Republic shall be composed of ideograms of
a dove and olive branch, a hoe and billhook, a bow and arrow,
respectively symbolizing peace, work, and the defense of
democratic liberties, in addition to the name and the motto of
the Republic, all of it being framed by two National Flags
placed opposite each other.
(3) The National Anthem shall be determined by law.
Article 4 [Languages]
Kinyarwanda shall be the National Language. Kinyarwanda
and French shall be the official languages.
Article 5 [Citizenship]
Rwanda nationality and conditions for obtaining naturalization
shall be defined by law.
Article 6 [Sovereignty]
(1) All power shall originate from the Nation.
(2) National sovereignty shall belong to the people of Rwanda
which shall exercise it through representatives or by means of
Article 7 [Political Parties]
Political parties fulfilling the legal conditions shall concur to the
expression of suffrage. They shall be formed and shall exercise
their activities freely provided that they respect democratic
principles and not infringe upon republican form of
government, national territorial integrity, and the security of the
Article 8 [Suffrage]
Suffrage shall always be secret; it may be direct or indirect.
Article 9 [Electoral Rights]
Any Rwandan citizen, having attained majority and not being in
any exclusion case prescribed by law, may be an electorwithin the conditions established by law.
Article 10 [Consultation]
The law shall determine the conditions and means of
consultation of the people.
Article 11 [Prefectures, Communes, Capital]
(1) The Republic shall be divided into prefectures, endowed
with their own juridical identities. A prefecture may be divided
(2) Each prefecture shall be divided into communes, endowed
with their own juridical identities.
(3) The law shall determine the number, limitations,
organization, and operation of the prefectures, sub-prefectures,
(4) The Capital of the Republic shall be determined by law.
CHAN ROBLES VIRTUAL LAW LIBRARY : Title II Public Liberties
Article 12 [Human Dignity, Personal Freedom]
(1) The human being shall be sacred.
(2) The liberty of the human being shall be inviolable; no one
may be prosecuted, arrested, imprisoned, or convicted other
than in the cases prescribed by the law in effect at the time of
the perpetrated act and within the forms prescribed by that law.
(3) No infraction may be punished by penalties which were not
prescribed by law before it was committed.
(4) Any person shall be presumed innocent of the charges as
long as a definite conviction has not taken place.
Article 13 [Security Measures]
No one shall be subjected to security measures except in the
cases and forms provided by law, for reasons of public order or
Article 14 [Criminal Responsibility]
Criminal responsibility shall be personal. Civil responsibility
shall be defined by the law. Defense shall be an absolute right
at any state or level of the proceedings.
Article 15 [Asylum, Extradition]
(1) Asylum rights shall be recognized within the conditions
defined by law.
(2) Extradition shall be authorized only within the limits
prescribed by law.
Article 16 [Citizen Equality]
All citizens shall be equal in the eyes of the law, without any
discrimination, especially in respect to race, color, origin,
ethnic background, clan, sex, opinion, religion, or social status.
Article 17 [No Slavery]
Any form of slavery or bondage shall be prohibited.
Article 18 [Religion, Expression]
Freedom of religion and the public exercise thereof, liberty of
conscience, as well as liberty of expressing one's opinion
about any subject, shall be guaranteed, except for the
punishment of infractions committed during the exercise
Article 19 [Association]
Freedom of association shall be guaranteed within conditions
determined by law; prior authorization may not be prescribed.
Article 20 [Assembly]
(1) Freedom of assembly in peaceful and unarmed meetings
shall be guaranteed within the limits determined by law.
(2) Prior authorization may be prescribed only by law and
solely for outdoor meetings, on public streets, or in public
places, and inasmuch as required by reasons of safety, peace,
Article 21 [Moving]
Any citizen shall have the right to move and settle freely on the
national territory, as well as to leave it or return to it; the
exercise of this right may only be limited by law for reasons of
public order or State security.
Article 22 [Privacy]
(1) The private lives of individuals snall not be infringed upon
in any way.
(2) The privacy of correspondence and communications by post,
telegraph, telephone, or by any other means shall be
guaranteed; any restriction shall be determined by law only.
(3) Domiciles shall be inviolable. No house search may take
place, except in the cases and manner prescribed by law.
Article 23 [Property]
Private property, whether individual or collective, shall be
inviolable. No infringement shall take place except for the
reason of public utility, in the cases and manner established by
law, and in return for fair and prior compensation.
Article 24 [Family]
(1) The familty, which is the natural basis of the Rwandan
people, shall be protected by the State.
(2) Parents shall have the right and duty to raise their children.
Article 25 [Marriage]
(1) Only monogamous marriages shall be recognized within the
conditions and forms prescribed by law.
(2) The condititions and forms of divorce shall be defined by
Article 26 [Education]
Liberty of teaching shall be guaranteed, except for the
punishment of infractions committed in the exercise thereof.
The organization of subsidized official and free education as
well as recognition of diplomas and certificates issued by
private institutions, shall be regulated by law.
Article 27 [Mandatory Education]
Subject to the enforcement of Article 24 (2), primary
education shall be mandatory and free, according to the
methods established by law.
Article 28 [Service]
National, civil, or military service shall be organized by law.
Article 29 [Excessive Punishments]
Excessively punishing hard labor shall be prohibited.
Article 30 [Work]
Any person shall have the right to work, to freely choose his
work, and to have equitable and satisfying working conditions.
Article 31 [Union Action]
Any worker may protect his rights by the means of union
action, except for the punishment of infractions committed
within that action.
Article 32 [Strike]
The right to strike shall be exercised within the laws by which
it is regulated. It may not infringe upon the freedom to work.
Article 33 [Judicial Power]
Judicial power, as the guardian of public rights and liberties,
shall ensure the respect thereof within the conditions prescribed
CHAN ROBLES VIRTUAL LAW LIBRARY : Title III Powers
Title III Powers
[Chapter 0 General Provision]
Article 34 [Separation]
The separation and collaboration of executive, legislative, and
judicial powers shall be consecrated and regulated by this
Chapter I Executive Power
[Section 0 General Provisions]
Article 35 [President, Government]
Executive power whall be exercised by the President of the
Republic, assisted by the Government, composed of the
Prime Minister and Ministers or Secretaries of State.
Article 36 [Remuneration]
The law shall establish compensation, pensions, and other
material benefits pertaining to the presidential and ministerial
Article 37 [Economic Incompatibility]
(1) The President of the Republic, the Prime Minister,
Ministers, and Secretaries of State may not take advantage of
their offices in order to acquire or dispose of any State
property, nor exchange their personal property for a State
(2) Their duties shall be incompatible with the exercise of any
other compensated professional activity.
Article 38 [Immunity]
(1) The President of the Republic, and except in case of
flagrante delicto, the Prime Minister, Ministers, and Secretaries
of State may be prosecuted or arrested for crimes or
misdemeanors only upon accusation voted on, in secret ballot,
by the National Assembly with a majority of three-fourth of its
(2) They shall be subject to the Court of Cassation which shall
rule, all chambers assembled, as the first and final resort.
(3) They may be subjected to civil imprisonment only upon
authorization by the National Assembly.
Section I The President of the Republic
Article 39 [Functions]
(1) The President of the Republic shall be the Head of State.
Through his arbitration he shall ensure the regular operation of
higher level institutions of the Republic as well as the continuity
of the State.
(2) He shall be the guarantor of national independence and
unity, as well as territorial integrity.
Article 40 [Election, Term]
(1) The President of the Republic shall be elected by direct
universal suffrage by an absolute majority of votes, according
to the procedure prescribed by law.
(2) Candidates to the Presidency of the Republic must be at
least thirty-five years of age.
(3) The President of the Republic shall be elected for a five
(4) The President may be reelected. However, he may not
exercise more than two successive mandates.
(5) The law shall determine the necessary means to be at the
disposal of former Presidents of the Republic.
Article 41 [Oath]
Before taking office, the President of the Republic shall take an
oath before the Constitutional Court and the National Assembly,
in the following terms:
"I, ... , in the name of God Almighty, do solemnly swear to
the Nation to faithfully carry out the duties entrusted to me, to
be faithful to the Republic of Rwanda, and to promote the
interests of the people of Rwanda with all respect to the
Constitution and the law."
Article 42 [Resignation, Replacement]
(1) The President of the Republic may resign; his resignation
shall be accepted by the National Assembly.
(2) In the event of impediment or temporary incapacity to
express his will, the President of the Republic shall be
temporarily replaced by the President of the National Assembly.
(3) In the event of resignation, death, or when impediment or
incapacity shall be declared definitive by the Constitutional
Court consulted by the Government, the President of the
Republic shall be replaced by the President of the National
Assembly until the election of the new President of the
Republic, which must take place within 90 days.
(4) In the cases mentioned in the above Paragraph, the Prime
Minister, Ministers, and Secretaries of State shall be considered
as resigning and shall assume, each in his own right, the
carrying out of the present affairs until the new Government is
Article 43 [Second Replacement]
In the event the President of the Republic and the President of
the National Assembly happen to be simultaneously placed in
one of the cases prescribed in Article 42, the duties of the
President of the Republic shall be carried out by the Prime
Minister in the conditions prescribed in the said article.
Article 44 [Functions]
The President of the Republic:
1) shall appoint the Prime Minister and shall terminate his
duties; upon the recommendation of the Prime Minister, he
shall appoint the other members of the Government and shall
terminate their duties;
2) shall preside the Council of Ministers;
3) shall make appointments to judicial positions as well as
higher level civil and military posts established by law;
4) shall appoint and accredit ambassadors and extraordinary
envoys abroad and shall terminate their duties; ambassadors and
extraordinary envoys shall be accredited to him;
5) shall represent the Republic in his relations with foreign
6) shall negotiate, conclude, and ratify all international treaties,
conventions, and agreements, whether of public or private law,
and send them to the National Assembly as soon as allowed by
the State's interest and security. However,
- peace treaties,
- alliance treaties,
- treaties that may bring modifications to the national territorial
borders or affect sovereignty rights,
- treaties concerning the Republic's relations with one or several
other States, as well as
- treaties, conventions, and agreements involving financial
implications not anticipated in the budget,
shall be enforceable only following approval by law. The
federation of the Republic of Rwanda with one or several other
democratic States must be approved by means of a
7) shall declare war and sign armistices upon authorization by
the National Assembly;
8) shall sanction and promulgate laws within 15 days after the
9) shall have the right to oppose a suspension veto to the laws
passed by the National Assembly. When exercising this right,
he must return the law to the National Assembly within 15 days
for a second reading. If the law returned to the National
Assembly within 15 days is passed after a second reading and is
not subjected to a constitutionality ruling, it must be sanctioned
10) shall give the orders necessary for the execution of laws,
without ever being able to suspend the laws themselves or
exempt them from execution;
11) shall have the right to address messages to the Nation and,
without causing debates, to the National Assembly;
12) may suspend for a maximum of 15 days the work of the
National Assembly; however no suspension may be repeated in
the course of one session;
13) shall exercise the right of pardon;
14) shall have the right to coin money.
Article 45 [Commander-In-Chief]
The President of the Republic shall be the Supreme Chief of the
Article 46 [Bound by Law, Indictment]
(1) The President of the Republic shall attend to the observance
of the Constitution.
(2) In case of violation of the Constitution by the President of
the Republic, his indictment may only be decided upon by the
National Assembly, ruling by a majority of four-fifth of its
members and by secret ballot.
(3) If the case arises, the President of the Republic shall be
subject to the Constitutional Court which alone shall be
qualified to order his forced resignation.
Article 47 [Referendum]
The President of the Republic may, on the advice of the
Government and the National Assembly, submit to a
referendum any bill or any other matter.
Article 48 [Siege, Emergency, Danger]
(1) The President of the Republic may, when the situation
requires it and after consultation with the Government, with the
Constitutional Court and with the Bureau of the National
Assembly, proclaim a state of siege or a state of emergency.
States of siege and emergency are regulated by law.
(2) When the Republic's institutions, the Nation's independence
or prime interests, territorial integrity, or the execution of its
international commitments are threatened in a grave and
imminent manner, and when the regular governmental services
are interrupted, the President of the Republic shall take the
measures required by these circumstances, after consultation
with the Government, with the Bureau of the National
Assembly, and with the Constitutional Court.
Article 49 [Countersignatures]
The actions of the President of the Republic shall be
countersigned by the Prime Minister, as well as the responsible
Ministers and Secretaries of State.
Section II The Government
Article 50 [Power]
(1) The Government shall determine and conduct the Nation's
(2) It shall have at its disposal the administration and the armed
forces. It shall be accountable to the National Assembly
according to the conditions and procedures prescribed in
Articles 81 and 84.
Article 51 [Prime Minister]
The Prime Minister:
1) shall present to the National Assembly the Government's
program and the ministerial cabinet in charge of the execution
2) shall direct the Government's action;
3) shall determine assignments for Ministers and Secretaries of
State and the nature and competence of the departments under
their authority. Ministers and Secretaries of State shall receive
authority from the Prime Minister for affairs relevant to their
departments; the Prime Minister shall determine the extent of
4) shall make appointments to civil and military posts, except
for conflicting legal provisions or regulations;
5) may replace the President of the Republic to preside a
Council of Ministers by virtue of express authority and for a
6) shall countersign laws adopted by the National Assembly and
promulgated by the President of the Republic;
7) shall execute laws and regulations by means of decrees when
he is in charge thereof.
Article 52 [Countersignatures]
The Prime Minister's actions shall be countersigned by the
Ministers in charge of their execution.
Article 53 [Ministers and Secretaries of State]
Ministers and Secretaries of State shall execute laws and
regulations by means of decrees, when in charge thereof.
Article 54 [Accountability]
The Prime Minister, Ministers, and Secretaries of State shall be
accountable to the President of the Republic; moreover they
shall be accountable to the National Assembly within the
conditions defined by this Constitution.
Article 55 [Mandatory Consultation]
Upon convocation and presided by the President of the
Republic, the Council of Ministers obligatorily shall be
- bills of law and proposals of statutory orders;
- proposals of presidential decrees carrying execution of laws or
- proposals of presidential decrees relating to higher level
- dissolution of the National Assembly.
Article 56 [Oath, Resignation]
(1) The Prime Minister, Ministers, and Secretaries of State shall
show solidarity with the President of the Republic.
(2) Before taking office, the Prime Minister, Ministers, and
Secretaries of State shall take an oath before the President of
the Republic and the National Assembly, in the following
"I, ..., in the name of God Almighty, do swear to the Nation
that I shall loyally carry out my duties, be faithful to the
Republic of Rwanda and the Head of State, and promote the
interests of the Rwandan people with all respect to the
Constitution and the law."
(3) Resignation or termination of the Prime Minister's duties for
whatever reason, shall bring about the resignation of the
(4) Each Minister or Secretary of State may, of his own accord,
tender his resignation to the President of the Republic; this
resignation shall be definite only if it is not withdrawn or
refused by the President of the Republic within eight days.
CHAN ROBLES VIRTUAL LAW LIBRARY : Chapter II Legislative Power
[Section 0 General Provision]
Article 57 [Power]
Legislative power shall be exercised collectively by the
President of the Republic and the National Assembly.
Section I The National Assembly
Article 58 [Election]
(1) The National Assembly shall be composed of members
designated as 'Deputies to the National Assembly.' Deputies
shall be elected for a five year mandate by universal and direct
(2) Deputies may resign from their mandate.
(3) No person may be a Deputy to the National Assembly
unless he is a Rwandan citizen, at least 21 years of age, and is
able to fulfill any other conditions prescribed by law.
(4) The law shall establish electoral conditions, regulations for
incompatibility, the number of Deputies, as well as
compensation and other material benefits pertaining to the duties
Article 59 [Independence]
Any required mandate shall be invalid; the Deputies' right to
vote shall be personal.
Article 60 [Oath]
(1) At the beginning of each legislative session, the first
meeting shall be dedicated to the swearing in of the Deputies
and to the election of the Bureau of the National Assembly. It
shall be presided by the President of the Republic.
(2) Before taking office, Deputies shall take an oath before the
President of the Republic, in the following terms:
"I, ... , in the name of God Almighty, do swear to the Nation
that I shall loyally carry out my duties, be faithful to the
Republic of Rwanda and the Head of State, and promote the
interests of the Rwandan people with all respect to the
Constitution and the law."
(3) The National Assembly shall form its Bureau by electing a
President, two Vice-Presidents, and a Secretary.
Article 61 [Presidency]
The National Assembly shall be directed by its President and,
in case of the latter's incapacity, by one of the Vice-Presidents.
Article 62 [Internal Order]
The National Assembly shall determine by internal order the
regulation of its organization and the procedure according to
which it shall carry out its assignments.
Article 63 [Sessions]
(1) The National Assembly shall hold, by right, each year two
ordinary sessions and when required by circumstances,
extraordinary sessions. Ordinary sessions shall respectively
start the third Tuesday of the month of October and the third
Tuesday of the month of April. However, for the first year of
the legislature, the first ordinary session shall start, by right, 8
days after the legislative elections.
(2) The National Assembly shall be convened by its President.
It may be convened as an extraordinary session upon the
initiative of the President of the Republic, its President, the
majority of its members, or upon the request of the Prime
Minister. When meeting in extraordinary session, the National
Assembly may only address matters that motivated its
Article 64 [Place]
(1) The National Assembly shall meet in the Capital except in
case of absolute necessity.
(2) Any deliberation, whatever its subject, held without
convocation or agenda, or held outside the session period or
outside the premises noted on the convocation act, shall by right
Article 65 [Publicity, Minutes]
(1) The National Assembly meetings shall be public; records of
the debates shall be made public.
(2) However, upon the request of the President of the Republic,
its President, a third of its members, or the Prime Minister, the
Assembly may decide by an absolute majority to meet in
Article 66 [Indemnity, Immunity]
(1) Deputities may not be prosecuted or accused because of
opinions or votes expressed by them in the exercise of their
(2) Except in case of flagrante delicto, Deputies may be
prosecuted or arrested for other acts, or be subject to civil
imprisonment only by authorization from the National Assembly
passed by secret ballot by a majority of three-fourths of its
(3) Prosecution or imprisonment resulting from flagrante delicto
or from authorization from the National Assembly shall be
suspended during the session period if required by the National
Assembly by a majority of three-fourths of its members and by
secret ballot, except in case of a definite conviction.
(4) Deputies shall be subject to the Court of Cassation which
shall rule, all chambers assembled, as the first and final resort.
Article 67 [Dismissal]
(1) No Deputy shall be dismissed from office unless he is met
with a cause for ineligibility.
(2) If the case arises, the dismissal shall be by right and it shall
be certified by the Council of State at the request of the Bureau
of the National Assembly or the Government.
Article 68 [Sleeping Mandate, Property]
(1) When a Deputy is appointed to the Government or any other
public office and he accepts, he shall immediately cease his
duties as a Deputy and shall be replaced by his substitute.
(2) He shall resume his duties as soon as the reasons for
incompatibility have disappeared, and as long as the legislature
to which he has been elected is still in session.
(3) No Deputy may take advantage of his office in order to
acquire or dispose of a property of State, or exchange a
personal property for a property of State.
Section II Elaboration of Laws
Article 69 [Rule of Law]
(1) Leqislative power shall be exercised by means of laws.
(2) The law shall supremely intervene in any matter; in no case
shall regulations contravene the provisions of the law.
Article 70 [Statutory Orders]
(1) In case of emergency or when the National Assembly is
unable to meet, the President of the Republic shall temporarily
legislate by means of statutory orders adopted in the Council of
(2) Unless they are confirmed by the National Assembly in the
course of the next closest session, statutory orders shall lose
any mandatory effect.
Article 71 [Initiative]
(1) Initiative for laws shall belong to Deputies and the
President of the Republic concurrently.
(2) Deputies and the President of the Republic have the right to
Article 72 [Spending Bills]
Bills and amendments formulated by Deputies and the adoption
of which could bring about either a decrease of public resources
or the creation or increase of public expenses, must be
accompanied by a bill to augment revenue or savings of equal
Article 73 [Majorities]
(1) Laws shall be passed by an absolute majority of Deputies to
the National Assembly; laws to which the Constitution imparts
the character of organic laws shall be passed by a majority of
three-fifths. The provisions of an organic law may not be
dispensed with by another law.
(2) No law may be adopted except after having been passed
article by article.
(3) Votes shall be expressed verbally or by sitting and standing
positions; as a whole, a law shall be voted upon calling out
names and answering verbally. Ballots shall be secret when
mention is made of individuals and in the cases established by
internal order regulations.
Article 74 [Urgent Examination]
(1) Urgent examination of a proposal or bill may be requested
by a Deputy or by the President of the Republic.
(2) When it is requested hy a Deputy, the National Assembly
shall decide upon the urgency.
(3) When it is requested by the President of the Republic, it
shall always be granted.
(4) In all cases when emergency is granted, the examination of
the law in question shall have priority over the agenda.
Article 75 [Constitutional Court Ruling]
(1) Before promulgation, laws and statutory orders must be sent
to the Constitutional Court which shall give a ruling on their
constitutionality within eight days or, in case of emergency,
within four days.
(2) If the Court gives a ruling of incompatibility, it shall return
the text to the National Assembly or the President of the
Republic as the case may be.
Article 76 [Financial Laws]
(1) The National Assembly shall vote upon the financial laws
which establish the resources and expenses of the State within
the conditions prescribed by an organic law.
(2) Any budgetary transfer must be authorized by law.
Article 77 [Budget]
(1) Each year, the National Assembly shall rule on the financial
accounts and pass a balanced budget, a bill for which shall be
filed before the opening of the first ordinary session.
(2) If it has not been passed within forty days after the opening
of the first ordinary session, or if it has not been passed as
balanced, the budget bill shall be adopted by means of a
statutory order at the latest on 31 Jan of the year of its
(3) If the budget bill for a specific fiscal year has not been
presented on time to be passed and promulgated before the
opening of that fiscal year, the Prime Minister, upon
authorization from the National Assembly, shall propose by
presidential decree, deliberated upon in the Council of
Ministers, the opening of the provisional twelfths of the budget
based upon the budget of the previous fiscal year.
(4) The same presidential decree shall authorize the collection
of revenue in accordance with the law by which it is regulated.
Thus shall it be each month until the adoption of the budget.
Article 78 [Tax Laws, Monopoly]
(1) No taxation may be established, modified, or abolished
except by law; no exemption or reduction may be granted
except in the cases prescribed by law.
(2) No monopoly may be granted except by law and for a
Article 79 [Authentic Interpretation]
Authentic interpretation of the laws shall be the prerogative of
the legislative power.
CHAN ROBLES VIRTUAL LAW LIBRARY : Chapter III Relations Between the National Assembly and the Government
Article 80 [Information, Participation]
(1) The President of the Republic and the Prime Minister must
be informed of the agenda for the meetings of the National
Assembly and its committees.
(2) The Prime Minister, Ministers, and Secretaries of State
may, if they so desire, attend the National Assembly meetings;
they shall speak whenever they wish; if need be, they may be
accompanied by technicians of their choice.
Article 81 [Control]
(1) The National Assembly's means of information and control
with regard to governmental action shall be:
- oral questions;
- written questions;
- committee hearings;
- committees of inquiry;
(2) Conditions and application procedures thereof shall be
prescribed by law.
Article 82 [Motion of Censure]
(1) The National Assembly may call into question the
responsibility of the Government, as well as of any Minister or
Secretary of State, by passing a motion of censure.
(2) Such a motion shall be admissible only after interpellation
and only if signed by at least one-fifth of the National Assembly
members in the case of a Minister or Secretary of State, and by
one-third in the case of the Government.
(3) Voting may only take place at least 48 hours after the
motion is registered, and the latter may be adopted only by
secret ballot and by an absolute majority of Deputies.
(4) The closing of ordinary or extraordinary sessions shall be
by right delayed in order to allow the application of the
provisions of the present article if necessary.
Article 83 [Vote of No Confidence]
(1) When a motion of censure is adopted against a Minister or
Secretary of State, the latter shall be required to tender his
resignation to the President of the Republic.
(2) When this motion is adopted against the Government, the
Prime Minister shall tender the resignation of the latter to the
President of the Republic.
(3) If the motion of censure is rejected, the signatories may not
present a new one in the course of the same session.
Article 84 [Revenue Court]
(1) The Revenue Court shall be in charge of examining,
liquidating, and settling accounts for all public services.
(2) It shall submit to the National Assembly a report on the
regular performance of the general accounts of the State.
(3) The Revenue Court shall be organized by an organic law.
Article 85 [Dissolution]
(1) The President of the Republic may, after consultation with
the Council of Ministers and the Bureau of the Nation
Assembly, order the dissolution of the National Assembly.
However, in the course of his mandate, he may not order a
second dissolution without this action bringing about his own
(2) Elections to the legislature shall take place within 90 days in
accordance with Article 58. If need be, the election to
the Presidency of the Republic shall take place within 90 days
in accordance with Article 40.
(3) The National Assembly may not be dissolved in the course
of the exercise of the exceptional powers mentioned in Article
CHAN ROBLES VIRTUAL LAW LIBRARY : Chapter IV Judicial Power
Article 86 [Independence]
(1) Judicial power shall be exercised by courts, tribunals, and
other jurisdictions; it shall be independent from the legislative
and executive powers.
(2) The President of the Republic shall guarantee the
independence of the judicial power.
(3) Justice shall be dispensed in the name of the people.
Article 87 [Magistrates]
(1) Magistrates shall be appointed and dismissed by the
President of the Republic on the proposal of the Minister of
Justice and upon conforming advice from the Supreme Council
(2) The Supreme Council of Magistrates shall be composed of
magistrates elected by their peers according to procedures
prescribed by an organic law. The Minister of Justice shall be
a member by right.
(3) During the first session presided by the President of the
Republic, the Supreme Council of Magistrates shall elect in its
midst its President, Vice-President, and Secretary.
(4) An organic law shall establish regulations for competence,
organization, and operation of the Supreme Council of
Article 88 [Court Hierarchy]
(1) Juridictions of the following order shall be recognized and
sanctioned by this Constitution:
- canton courts,
- courts of the first instance,
- courts of appeal, and
- the Court of Cassation.
(2) Except when prescribed by law, the Court of Cassation shall
not have cognizance of the substance of the cases.
Article 89 [Council of State]
(1) When consulted, the Council of State shall be competent to
express a justified opinion about the text of any law proposal,
bill, or amendment to this proposal or bill, any statutory order
proposal, as well as any proposal of execution order. It may
propose drafting modifications as judged necessary.
(2) The Council of State shall have cognizance of appeals for
invalidation against regulations, orders, and decisions of the
administrative authorities; it shall control the regular operation
of popular consultations.
(3) The Council of State shall be organized by an organic law.
(4) Lower administrative juridictions shall be created and
organized by an organic law.
Article 90 [Constitutional Court]
The Constitutional Court, composed of the Court of Cassation
and the Council of State assembled, shall be in charge of
controlling the constitutionality of laws and statutory orders; it
alone shall be competent to order the forced resignation of the
President of the Republic in the conditions prescribed
by Article 46.
Article 91 [Organic Law Establishment]
(1) No other jurisdiction may be established except by an
(2) The organization and competence of any juridiction shall be
defined by an organic law.
Article 92 [Constitutional Judge]
No one may be removed against his will from the judge
assigned to him by law.
Article 93 [Publicity]
Jurisdiction hearings shall be public, except for in camera cases
ordered by a judgement when publicity may endanger public
order or morals.
Article 94 [Public Rulings]
Any judgement or ruling shall be justified and pronounced in a
Article 95 [Constitutionality]
Jurisdictions shall apply orders and other regulations as long as
they are in accordance with the Constitution and the law.
CHAN ROBLES VIRTUAL LAW LIBRARY : Title IV Revision of the Constitution
Article 96 [Amendments]
(1) Initiative for revision of the Constitution shall belong to the
President of the Republic and the National Assembly
(2) No revision bill or proposal may be taken into consideration
if it infringes upon the republican form of government, national
territorial integrity, or democratic principles ruling the
(3) Any revision proposal by the National Assembly must be
presented by at least two-thirds of its members.
(4) Any revision must be adopted by a majority of three-fourths
of the members of the National Assembly.
CHAN ROBLES VIRTUAL LAW LIBRARY : Title V General and Transitional Provisions
Article 97 [Promulgation Effects]
(1) Laws and regulations may not take effect unless they have
previously been published within the conditions established by
(2) No one should be ignorant of regularly published laws.
Article 98 [Applicable Old Law]
(1) Starting from the promulgation date of this Constitution, any
legislation which is not constrained by it, shall remain
applicable inasmuch as it is not modified, repealed or replaced
by the new laws or regulations.
(2) Custom shall remain applicable inasmuch as it was not
replaced by laws or is not contrary to the Constitution, laws,
regulations, public order or morals.
Article 99 [Oaths]
Without prejudice to provisions in Articles 41, 56
and 60, no oath may be imposed except by a law which
shall establish the wording and the procedure for taking this
Article 100 [Foreigners]
Any foreigner shall enjoy the protection granted to persons and
property, as well as the civil rights recognized by this
Constitution, except in cases prescribed by law.
Article 101 [Continuation of Offices]
(1) The President of the Republic and the Deputies to the
National Council for Development presently in office will
continue to exercise their duties until the next presidential and
(2) The dates for these elections will be determined by the
President of the Republic.
Article 102 [Old Constitution]
(1) This Constitution shall revise and replace the Constitution of
20 Dec 1978.
(2) It will take effect on the date of its promulgation by the
President of the Republic.