Constitution

Comoros 2018 Constitution

Table of Contents

TITLE I. FUNDAMENTAL PRINCIPLES

CHAPTER I. OF THE UNION OF THE COMOROS

Article 1

The Union of the Comoros is a sovereign, unitary and democratic Republic that guarantees the respect for the dignity of persons and recognizes the inviolability and inalienability of Human Rights as the foundation for every human community, for peace and for justice.

Article 2

The Union of the Comoros equally recognizes the equality of all citizens before the law, without distinction of race, sex, religion, political belief, and it assures all citizens the full enjoyment of fundamental freedoms.

Article 3

Sovereignty belongs to the people who exercise it through their representatives or through referendum. No section of the people nor any individual may arrogate its exercise.

Suffrage may be direct or indirect within the conditions provided for by the Constitution and the law. It is always universal, equal and secret.

All Comorians of the two sexes enjoying their civil and political rights are electors, within the conditions determined by the law.

Article 4

The State submits itself to the Constitution, is based on democratic legality, and respects the laws as well as having them respected.

Article 5

All those considered as such by the law or by virtue of an international convention are Comorian citizens.

Outside of the cases where the law specifies otherwise, no Comorian by birth may be deprived of their nationality.

Article 6

The territory of the Union of the Comoros is composed of:

  • the islands and islets of Mwali (Mohéli), Maoré (Mayotte), Ndzuwani (Anjouan) and Ngazidja (Grande Comore).
    the archipelagic waters and the territorial sea as defined by the law and the international conventions, as well as the respective seabed and subsoil;

    of the airspace above the geographic zones mentioned in the preceding paragraphs.

Article 7

The Union of the Comoros possesses sovereign rights in matters of conservation, of exploitation and of determining the value of the living and nonliving natural resources in the contiguous zone, in the exclusive economic zone, and on the continental shelf as defined by the law, and has jurisdiction over these regions, by virtue of domestic right and of the rules of international law.

The State may not give up any parcel of the national territory or any sovereign rights it exercises over it.

Article 8

The State has for fundamental missions:

  • to preserve territorial independence and integrity, to guarantee the unity of the Comorian Nation and to create the requisite political, economic, social and cultural conditions.
    to guarantee respect for Human Rights and to assure to all citizens the full exercise of their rights and fundamental freedoms;

    to guarantee respect for the republican form of government and for the principles particular to a State of democratic law;

    to guarantee the democratic policy and the democratic participation of the citizens in the organization of political power and in the other aspects of the political and social life of the Nation;

    to promote the well-being and the quality of life of the Comorian people;

    to encourage social solidarity, the autonomous organization of civil society, as well as individual merit, initiative and creativity;

    to support the Comorian community throughout the world in participation in the country’s economic development and to favor within the country the preservation and development of Comorian culture;

    to promote instruction, culture, scientific research, the diffusion and the utilization of new technologies as well as the propagation of Comorian culture in the world;

    to protect the landscape, nature, the natural resources and the environment, as well as the historic, cultural and artistic patrimony of the Nation;

    to guarantee to the foreigners residing in a permanent or temporary manner in the Comoros or in transit on the national territory, a treatment conforming to international rules, with respect for Human Rights, and the exercise of the rights that are not exclusive to Comorian citizens by virtue of the Constitution or by the law.

Article 9

The flag, the seals and the national anthem are the symbols of the Union of the Comoros and of national sovereignty.

The national flag is composed of four horizontal bands of equal width, superimposed, arranged in the lengthwise, yellow, white, red and blue in color, starting from the top to the bottom. A green isosceles triangle is placed on the side of the pole. A white crescent figures, with four white stars aligned from one end to the other of the crescent.

The national anthem is: Umodja Wa Massiwa.

The motto of the Union is: “Unité – Solidarité – Développement” [Unity-Solidarity-Development].

The official languages are the Shikomor national language, French, and Arabic.

The seal of the State is determined by the law.

Article 10

Moroni is the capital of the Union of the Comoros; a law determines its status.

An organic law determines the islands where the Institutions of the Union sit, if circumstances thus require.

CHAPTER II. OF INTERNATIONAL RELATIONS AND INTERNATIONAL LAW

Article 11

The international relations of the Union of the Comoros are governed by the principles of national independence, respect for international law and Human Rights, equality between States, non-interference in the domestic affairs of foreign nations, reciprocity of advantages accorded, cooperation with all other peoples and peaceful coexistence.

The Union of the Comoros commits to providing international organizations, in particular the Organization of the United Nations, the African Union and the League of the Arab States, all the necessary collaboration in order to find a peaceful solution to conflicts and to assure international peace and justice as well as respect for Human Rights and for fundamental freedoms; it also supports all efforts of the international community which aim to guarantee respect for the principles consecrated in the Charter of the United Nations.

The Union of the Comoros commits to reinforcing African identity, unity and integration and to support cooperative actions in favor of development, democracy, progress and the well-being of peoples, respect for Human Rights, peace and justice.

Article 12

Peace treaties, commerce treaties, treaties or agreements related to international organization, those which involve State finances, which modify provisions of a legislative nature, which are related to the status of persons, which include cession, exchange or adjunction of territory, may only be ratified or approved by virtue of a law. They only take effect after being ratified or approved.

If the Supreme Court, referred to the matter by the President of the Union, by the President of the Assembly of the Union or by the Governors of the Islands, declares that an international commitment includes a clause contrary to the Constitution, the authorization to ratify it or approve it may only occur after Constitutional revision.

The treaties or agreements regularly ratified have, from their declaration, an authority superior to that of the laws of the Union, with reservations, for each agreement or treaty, of its application by the other party.