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GeezerVison is showing www.constituteproject.org — Mali 2023 Constitution - Constitute Mali 2023DECREE NO. 2023-0401/PT-RM OF JULY 22, 2023 ON THE PROMULGATION OF THE CONSTITUTIONHaving regard to the Transition Charter; Having regard to Law No. 2022-001 of February 25, 2022 on the revision of the Transition Charter; Having regard to Judgment No. 2023-08/CC-Ref of July 21, 2023 proclaiming the final results of the constitutional referendum (ballot of June 18, 2023); Considering the conclusions of the National Conference on State Refoundation of December 30, 2021, The President of the Transition, Head of State, promulgates the Constitution whose content follows:
Preamble
PREAMBLE
Source of constitutional authority
The sovereign People of Mali, Rich in its cultural, linguistic and religious diversity;
Reference to country's history
Proud of its millennial history and its ancestors;
Reference to country's history
Heir to great empires and kingdoms built on endogenous sociocultural values that must inspire present and future generations;
Reference to country's history
Faithful to the ideals of the martyrs of colonialism, the fathers of independence and all those who fell on the field of honor for the defense of the Fatherland, the advent of a rule of law, pluralist democracy and good governance;
Motives for writing constitution
Considering the recurrent multidimensional crisis affecting the state and society;
Motives for writing constitution
Considering that corruption and illicit enrichment compromise the country's development efforts;
Motives for writing constitution
Convinced of the necessity to promote living together and national reconciliation with respect for identities and cultural diversity;
Motives for writing constitution
Concerned with guaranteeing the defense and security essential to the existence of a sovereign state;
Ownership of natural resources
Resolved to enhance the cultural, material and immaterial heritage and to preserve the natural resources of the territory for present and future generations;
Motives for writing constitution
Determined to promote social welfare;
Motives for writing constitution
Affirms its will to strengthen the democratic achievements of the revolution of March 26, 1991 and to promote the ideals of refoundation carried by the Malian People; Commits to defending sovereignty, national unity and territorial integrity;
Separation of church and state
Reaffirms its attachment to the republican form and to the secularism of the state;
Motives for writing constitution
Commits to undertaking all necessary actions to fight against corruption and illicit enrichment and promote good governance;
Protection of environment
Commits to ensuring the improvement of quality of life and the protection of the environment;
International human rights treaties
Subscribes to the Universal Declaration of Human Rights of December 10, 1948 and to the African Charter on Human and Peoples' Rights of June 27, 1981;
International human rights treaties, Equality regardless of gender, Rights of children, Equality for persons with disabilities
Commits to guaranteeing respect for human rights, particularly those of women, children and persons living with disabilities, enshrined in sub-regional, regional and international treaties and agreements signed and ratified by Mali; Commits to fighting against all forms of violence;
Regional group(s)
Reaffirms its commitment to the achievement of African unity, to the promotion of peace, sub-regional, regional and international cooperation, to the peaceful settlement of disputes between states in respect of justice, equality, freedom and the sovereignty of peoples. TITLE I: RIGHTS AND DUTIESCHAPTER I: RIGHTS AND FREEDOMS
General guarantee of equality, Equality regardless of social status, Equality regardless of origin, Equality regardless of skin color, Equality regardless of language, Equality regardless of race, Equality regardless of gender, Equality regardless of religion, Equality regardless of political party
Article 1:All Malians are born and remain free and equal in rights and duties. Any discrimination based on social origin, region, color, language, race, ethnicity, sex, religion or political opinion is prohibited.
Human dignity, Right to life, Right to privacy
Article 2:The human person is sacred and inviolable. Every individual has the right to life, liberty, security and integrity of person.
Rights of children
Article 3:The State ensures the protection of children against human trafficking and related offenses and against recruitment into violent extremist groups. Article 4:
Prohibition of torture, Prohibition of slavery, Prohibition of cruel treatment
No one may be subjected to torture, slavery, inhuman, cruel and degrading treatment. Any individual, any agent of the State who is guilty of such acts, either on their own initiative or upon instruction, shall be punished in accordance with the law. Article 5:No one may be forced into exile.
Protection of stateless persons
Any person persecuted by reason of their political or religious convictions, or their ethnic affiliation, may benefit from the right of asylum in the Republic of Mali. Article 6:Any person subject to a measure depriving them of liberty has the right to be examined by a doctor of their choice.
Protection from unjustified restraint
No one may be detained for a period exceeding forty-eight (48) hours except by reasoned decision of a magistrate of the judicial order.
Protection from unjustified restraint
No one may be detained in a penitentiary establishment except on a warrant issued by a magistrate of the judicial order. Article 7:
Right to fair trial, Right to speedy trial
Every person has the right to a fair trial and to a judgment rendered within a reasonable time.
Right to counsel
The right to defense, including that of being assisted by the lawyer of one's choice, is guaranteed from the preliminary investigation.
Presumption of innocence in trials
Every accused person is presumed innocent until their guilt is established by the competent court.
Protection from ex post facto laws, Principle of no punishment without law
Punishment is personal. No one may be prosecuted, arrested or charged except by virtue of a law promulgated prior to the acts with which they are charged. Article 8:Everything that is not prohibited by law cannot be prevented and no one can be compelled to do what it does not order. Article 9:
Right to found a family
Marriage and the family, which constitute the natural foundation of life in society, are protected and promoted by the State.
Regulation of marriage
Marriage is the union between a man and a woman.
Right to work, Right to shelter, Right to rest and leisure, Right to health care, Right to water
Article 10:Education, training, work, housing, leisure, health, social protection, food and access to water constitute recognized rights.
Compulsory education, Free education
Article 11:Every citizen has the right to education. Public education is compulsory, free and secular. Private education is recognized and is exercised under the conditions defined by law.
Right to privacy
Article 12:The home, private domain, private and family life, personal data, secrecy of correspondence and communications are inviolable. They may only be infringed under conditions provided by law.
Right to own property, Protection from expropriation
Article 13:The right to property is guaranteed. No one may be expropriated except for reasons of public utility and against just and prior compensation.
Freedom of opinion/thought/conscience, Freedom of religion
Article 14:Every person has the right to freedom of thought, conscience, religion, worship, opinion and expression, in accordance with the law.
Freedom of press, Right to information
Article 15:Freedom of the press and the right of access to information are recognized and guaranteed. They are exercised under conditions determined by law.
Reference to art
Article 16:Freedom of artistic and cultural creation is recognized and guaranteed. It is exercised under conditions established by law.
Freedom of movement, Freedom of association, Freedom of assembly
Article 17:The State recognizes and guarantees, under the conditions established by law, freedom of movement, free choice of residence, freedom of association, assembly, procession and demonstration. Article 18:
Right to work, Right to rest and leisure
The right to work and rest is recognized and is equal for all. No one may be compelled to perform specific work except in the case of performing an exceptional service of general interest, equal for all, under conditions determined by law.
Freedom of association, Right to join trade unions
Article 19:Freedom of association is guaranteed. Trade unions exercise their activities without constraint and without limits other than those provided by law.
Right to strike
Article 20:The right to strike is guaranteed. It is exercised within the framework of laws and regulations in force.
Right to establish a business
Article 21:Freedom of enterprise is guaranteed within the framework of laws and regulations in force.
Protection of environment
Article 22:Every person has the right to a healthy and sustainable environment. CHAPTER II: DUTIES
Duty to obey the constitution
Article 23:Every citizen, every person living in Malian territory has the duty to respect, in all circumstances, the Constitution. Article 24:The defense of the Fatherland is a duty for every citizen.
Duty to serve in the military
All citizens aged 18 years or older may be mobilized alongside the Armed and Security Forces for the defense of the Fatherland.
Protection of environment
Article 25:The protection of the environment and the promotion of quality of life are a duty for every citizen and for the State. Article 26:In case of established calamity, all citizens have the duty to provide their assistance under the conditions defined by law.
Duty to pay taxes
Article 27:Every citizen is required to fulfill their civic duties, notably to discharge their tax obligations.
Duty to work
Article 28:Every citizen has the duty to work for the common good, to respect and protect public property. Article 29:Every citizen invested with a public mandate or charged with public employment or a public service mission has the duty to fulfill it with conscience, loyalty and integrity. TITLE II: OF THE STATE AND SOVEREIGNTYCHAPTER I: OF THE STATEArticle 30:
Type of government envisioned
Mali is an independent, sovereign, unitary, indivisible, democratic, secular and social Republic.
Source of constitutional authority
Its principle is government of the People, by the People and for the People.
National capital
The capital of the Republic of Mali is Bamako. It may be transferred to any other place in the national territory by law.
National flag
The national emblem is the tricolor flag composed of three (03) vertical and equal bands of green, gold and red colors.
National motto
The motto of the Republic is: "One People - One Goal - One Faith".
National anthem
The national anthem is: "Mali". The law determines the seal and coat of arms of the Republic and sets the conditions and procedures for their use. Any illegal use and any desecration of the attributes of the Republic are punished by law. Article 31:
Official or national languages
The national languages are the official languages of Mali.
Organic laws
An organic law determines the conditions and procedures for their use.
Official or national languages
French is the working language.
Official or national languages
The State may adopt any other language as a working language. Article 32:
Separation of church and state
Secularism does not oppose religion and beliefs. Its objective is to promote and strengthen living together based on tolerance, dialogue and mutual understanding.
Freedom of religion
The State guarantees respect for all religions, beliefs, freedom of conscience and the free exercise of worship in accordance with the law.
Reference to fraternity/solidarity, General guarantee of equality
Article 33:The social Republic is based on the principles of solidarity, equality, justice, protection and integration. The State takes the necessary measures to ensure their implementation. Article 34:Public action is guided by principles based on respect for State sovereignty, the sovereign choices of the People and the defense of their interests. Article 35:No public authority may, under penalty of sanctions, use the powers it derives from the Constitution or the law to commit misappropriation of public resources or property for its own benefit or for the benefit of those in power, members of their families, organizations, or any other persons through favoritism, corruption, embezzlement, influence peddling or other means. Article 36:The institutions of the Republic are:
CHAPTER II: ON SOVEREIGNTYArticle 37:
Source of constitutional authority, Claim of universal suffrage, Referenda
National sovereignty belongs to the People who exercise it through their representatives elected by direct or indirect universal suffrage or by referendum. No fraction of the People nor any individual may claim its exercise.
Claim of universal suffrage
Article 38:Suffrage is universal, equal and secret. It may be direct or indirect. Citizens of Mali of both sexes of voting age and enjoying their civil and political rights are electors, under conditions determined by law. Article 39:
Right to form political parties
Political parties contribute to the expression of suffrage. They are formed and freely exercise their activities under conditions determined by law.
Restrictions on political parties
They must respect the principles of national sovereignty, democracy, the integrity of the national territory, national unity and the secularism of the State. Article 40:Civil society organizations exercise, within the framework of participatory democracy, a mission of citizen oversight under conditions determined by law. Article 41:The State exercises its sovereignty over the entire national territory. The State may not cede any portion of the national territory nor renounce any of the sovereign rights it exercises over it. Any attack on the integrity of the national territory is a crime against state security.
Ownership of natural resources
Article 42:The State has sovereign right over the wealth and natural resources located on its territory.
Protection of environment
The exploitation of these wealth and natural resources must be ensured in compliance with environmental protection rules and in the interest of present and future generations. TITLE III: OF THE EXECUTIVE POWERCHAPTER I: OF THE PRESIDENT OF THE REPUBLIC
Head of state powers
Article 43:
Name/structure of executive(s)
The President of the Republic is the Head of State. He is the guardian of the Constitution. He embodies national unity. He is the guarantor of national independence, territorial integrity, and respect for international treaties and agreements. He ensures the regular functioning of public authorities and ensures the continuity of the State.
Head of state powers
Article 44:The President of the Republic determines the policy of the Nation.
Head of state term limits
Article 45:
Head of state term length, Head of state selection
The President of the Republic is elected for a term of five (05) years, by direct universal suffrage. He is re-eligible only once. In no case may anyone exercise more than two (02) terms as President of the Republic.
Eligibility for head of state
Article 46:Any candidate for the office of President of the Republic must be of Malian nationality by origin and possess no other nationality, at the date of filing the candidacy. He must enjoy all his civil and political rights, be of good morality and great integrity.
Age restrictions on head of state
He must be at least thirty-five (35) years old and at most seventy-five (75) years old at the date of filing the candidacy and be fit to exercise the function.
Scheduling of elections
Article 47:The election of the new President of the Republic takes place at least forty-five (45) days and at most sixty (60) days before the expiration of the mandate of the incumbent President. Article 48:
Head of state selection
The President of the Republic is elected by absolute majority of votes cast.
Head of state selection
If this is not obtained in the first round, a second round is organized on the third Sunday following the proclamation of the first round results by the Constitutional Court.
Head of state selection
If, within the seven (07) days preceding the date of the first round ballot, one of the candidates dies or is prevented, the Constitutional Court may order the postponement of the election without such postponement exceeding fifteen (15) days.
Head of state selection
The second round is open to the two (02) candidates who received the greatest number of votes in the first round of voting.
Head of state selection
The candidate who received the greatest number of votes is declared elected.
Head of state selection
In case of death, withdrawal or impediment of one of the two (02) candidates qualified for the second round, the ballot remains open to the next candidate in order of votes cast.
Head of state selection
If, between the two (02) rounds, one of the candidates dies or is prevented, the Constitutional Court may order the postponement of the election without such postponement exceeding fifteen (15) days.
Constitutional court powers
Article 49:The control of the regularity of the election of the President of the Republic is ensured by the Constitutional Court which rules on complaints and proclaims the final results of the ballot. Article 50:The law completes the provisions relating to the election of the President of the Republic.
Eligibility for head of state
Article 51:The functions of President of the Republic are incompatible with the exercise of any other political function, any other elective mandate, any public employment and any other professional and lucrative activity.
Eligibility for head of state
Article 52:During his mandate, the President of the Republic cannot, either by himself or through others, acquire or lease anything that belongs to the domain of the State. He cannot take part, either by himself or through others, in public and private contracts for administrations or institutions under the State or subject to their control.
Head of state replacement
Article 53:When the President of the Republic is temporarily prevented from fulfilling his functions, his powers are provisionally exercised by the Prime Minister. In case of vacancy of the Presidency of the Republic for any cause whatsoever or absolute or definitive incapacity established by the Constitutional Court seized by the President of the National Assembly, the President of the Senate and the Prime Minister, the functions of the President of the Republic are exercised by the President of the National Assembly. In case of incapacity, withdrawal or death of the latter, they are exercised by the President of the Senate. The election of the new President of the Republic takes place ninety (90) days at least and one hundred twenty (120) days at most after establishment of the vacancy or the absolute and definitive nature of the incapacity. The person serving as interim President of the Republic may not be a candidate in said election. In all cases of vacancy, the replacement may not apply articles 57, 60, 69, 70 and 184 of this Constitution.
Head of state term length
Article 54:The elected President takes office upon expiration of the mandate of the President in office.
Oaths to abide by constitution
Article 55:Before taking office, the President of the Republic takes, before the Constitutional Court, in solemn hearing, the following oath: "I swear, before God and the sovereign People of Mali, to respect and ensure respect for the Constitution and the laws, to preserve the republican regime, to fulfill my functions in the supreme interest of the Nation, preserve the rights and freedoms of the person, democratic achievements and public goods, to guarantee national unity, the independence of the Fatherland and the integrity of the national territory, to conduct myself everywhere as a faithful and loyal servant of the Nation and to do everything possible for the realization of African unity. In case of violation of this oath, may the People withdraw their confidence from me and may I suffer the rigor of the law".
Earnings disclosure requirement
Article 56:After the investiture ceremony and within a period of seven (07) days, the President of the Republic submits the written declaration of his assets to the President of the Court of Accounts. This declaration is subject to annual updates and upon cessation of functions. The President of the Court of Accounts informs the national public of the completion of the formality of the declaration and updates.
Cabinet selection
Article 57:The President of the Republic appoints the Prime Minister and terminates his functions. He appoints the other members of the Government, after consultation with the Prime Minister and terminates their functions.
Head of state powers
Article 58:The President of the Republic presides over the Council of Ministers. The Prime Minister substitutes for him, upon his authorization and on a determined agenda.
Approval or veto of general legislation
Article 59:The President of the Republic promulgates laws within fifteen (15) days following the transmission to the Government of the definitively adopted text. In case of urgency, the promulgation deadline may be reduced to eight (08) days. He may, before the expiration of this deadline, request from Parliament a new deliberation of the law or certain of its articles. This new deliberation cannot be refused and suspends the promulgation deadline.
Referenda
Article 60:The President of the Republic, on his own initiative or on joint proposal of the two (02) chambers of Parliament, after opinion of the Constitutional Court published in the Official Journal, may submit to referendum any question of national interest, any bill concerning the organization of public powers, the approval of a union agreement or the authorization to ratify a treaty which, without being contrary to the Constitution, would have implications for the functioning of institutions.
Approval or veto of general legislation
When the referendum has concluded in favor of adopting the bill, the de President of the Republic promulgates it within the deadlines provided for in article 59.
Head of state powers
Article 61:Once a year, during the first quarter, the President of the Republic delivers, before Parliament assembled in Congress, a speech on the state of the Nation.
Head of state powers
Article 62:The President of the Republic communicates with the National Assembly and the Senate through messages which he has read by the President of the National Assembly and by the President of the Senate. Outside of session, the National Assembly and the Senate convene specially for this purpose.
Designation of commander in chief
Article 63:The President of the Republic is the Supreme Chief of the Armed and Security Forces. He presides over the National Security Council and the National Defense Committee.
Duty to serve in the military
The President of the Republic orders general mobilization and determines the modalities of citizen participation in the defense of the Fatherland when the security situation requires it.
Head of state powers
Article 64:
Establishment of judicial council
The President of the Republic is the President of the Superior Council of the Magistracy.
Power to pardon
Article 65:The President of the Republic exercises the right of pardon. He proposes amnesty laws.
Head of state decree power
Article 66:The President of the Republic signs ordinances and decrees taken in the Council of Ministers. Article 67:
Head of state powers
The President of the Republic appoints to senior civil and military positions determined by law.
Head of state powers
The Grand Chancellor of National Orders, General Officers, Ambassadors and Special Envoys, Regional Governors, Directors of Central Administrations are appointed by decree taken in the Council of Ministers.
Civil service recruitment
Appointments must be based principally on criteria of competence, experience and integrity.
Foreign affairs representative
Article 68:The President of the Republic accredits Ambassadors and Special Envoys to foreign States and international Organizations. Foreign Ambassadors and Special Envoys are accredited to him. Article 69:
Dismissal of the legislature
The President of the Republic may, after consultation with the Presidents of the two (02) chambers and the President of the Constitutional Court, pronounce the dissolution of the National Assembly. No dissolution may be pronounced within twelve (12) first months of the legislature or when a motion of impeachment is declared admissible.
Scheduling of elections
General elections take place sixty (60) days at least and one hundred twenty (120) days at most after dissolution.
Dismissal of the legislature
No new dissolution may be carried out within the year following these elections.
Scheduling of elections
Upon expiration of the deadline set in the third paragraph of this article, if legislative elections are not organized, the dissolved National Assembly is restored to its functions. Article 70:
Emergency provisions
When the institutions of the Republic, the independence of the Nation, the integrity of the national territory, the execution of international commitments are threatened in a serious and immediate manner and the regular functioning of constitutional public powers is interrupted, the President of the Republic takes the exceptional measures required by these circumstances after consultation with the Prime Minister, the Presidents of the National Assembly, the Senate and the Constitutional Court.
Emergency provisions
He informs the Nation by message. Parliament meets by right.
Emergency provisions
The application of these exceptional powers by the President of the Republic must not, under any circumstances, compromise either national sovereignty or territorial integrity.
Emergency provisions
The exceptional powers must aim to ensure the continuity of the State and the restoration, as quickly as possible, of the regular functioning of institutions, in accordance with the Constitution.
Emergency provisions
During the exercise of exceptional powers, no institution of the Republic may be dissolved or suspended.
Emergency provisions
Legislative measures taken during the exercise of exceptional powers become null and void if they are not ratified by Parliament within ninety (90) days after their entry into force. Article 71:
Head of state powers
The President of the Republic may delegate certain of his powers to the Prime Minister. Acts of the President of the Republic, other than those provided for in articles 57, 60, 65, 69 and 70 as well as in the first paragraph of this article, are countersigned by the Prime Minister and, where applicable, by the ministers concerned. Article 72:The law establishes the benefits granted to the President of the Republic and to former Presidents of the Republic enjoying their civil rights.
Head of state removal
Article 73:The responsibility of the President of the Republic may be engaged for acts qualified as high treason. He may be removed from office by Parliament for high treason. There is high treason when the President of the Republic violates his oath. The motion of impeachment is initiated by the members of either chamber of Parliament. It is only admissible if it is signed by at least two-thirds (2/3) of the members. The concerned Chamber refers the matter to the competent commission which proceeds with all investigations and hearings necessary at the end of which it assesses whether or not there are grounds to pursue the procedure. If the commission decides that there are no grounds to pursue, the impeachment procedure is terminated. If the commission decides that there are grounds to pursue, it draws up the reasoned act of accusation which is submitted to the vote of the Chamber by simple majority of the members. In case of adoption of the act of accusation, the other Chamber is referred to within eight (08) days and must rule in identical terms within fifteen (15) days. If the act of accusation is not adopted, the impeachment procedure is terminated.
Head of state immunity
The indictment by the two (02) Chambers automatically entails the lifting of any immunity of the President of the Republic. The two (02) Chambers of Parliament meet in ad hoc Congress to rule on the impeachment of the President of the Republic. The impeachment is pronounced by a majority of three-quarters (3/4) of the members. Only votes in favor of impeachment are counted.
Leader of first chamber
Sessions of the ad hoc Congress are presided over by the President of the Supreme Court.
Right to counsel
The President of the Republic has the rights of defense. He may be assisted by counsel of his choice at all stages of the procedure.
Organic laws
An organic law determines the procedures for implementing this article.
Head of state immunity
Article 74:The President of the Republic is criminally liable, before the courts of common law, for crimes and offenses committed outside the exercise of his functions. However, he may not be required to testify, nor be the subject of an action, an investigative act, an instruction or prosecution until the end of his term. Any limitation or forfeiture period is suspended. Proceedings and procedures that are obstructed may be resumed or initiated against him one (01) month after the cessation of functions. CHAPTER II: ON THE GOVERNMENTArticle 75:
Establishment of cabinet/ministers
The Government comprises the Prime Minister, Head of Government, and the ministers.
Organic laws
An organic law sets the number of members of the Government.
Powers of cabinet
Article 76:The Government conducts the policy of the Nation as determined by the President of the Republic. It has the Administration at its disposal. Article 77:
Head of government powers
The Prime Minister is the Head of Government. In this capacity, he directs the action of the Government.
Head of government powers
He ensures the execution of laws. Subject to the provisions of articles 66 and 67, he exercises regulatory power.
Head of government powers
He may delegate certain of his powers to ministers.
Head of government powers
He substitutes for the President of the Republic in presiding over the Council of Ministers by delegation and for a determined agenda.
Head of government powers
He substitutes for him in presiding over the National Security Council and the National Defense Committee. The acts of the Prime Minister are countersigned, where applicable, by the ministers responsible for their execution. Article 78:The Government is responsible to the President of the Republic. Article 79:
Earnings disclosure requirement
Government members shall submit to the President of the Court of Accounts a written declaration of their assets within a maximum period of thirty (30) days after their appointment. The President of the Court of Accounts informs the national public of the completion of the declaration formality and updates. The provisions of article 52 are applicable to Government members. Article 80:
Legislative oversight of the executive
The Prime Minister presents the Government's action plan before Parliament. The presentation takes place before each of the two (02) Chambers within thirty (30) days at most after the President of the Republic's address on the state of the Nation. It is followed, where appropriate, by debates accompanied by recommendations without vote.
Outside professions of legislators
Article 81:The functions of Government member are incompatible with the exercise of any parliamentary mandate, any professional representation function at the national or local level, any public employment or any professional and lucrative activity. Article 82:Members of the Government are criminally liable for crimes or offenses committed in the exercise of their functions.
Courts for judging public officials
Prosecution and investigation are within the jurisdiction of the Supreme Court. Judgment falls under the ordinary criminal courts. For prosecution, investigation and judgment, the provisions of the Code of Criminal Procedure are applicable. CHAPTER III: ON ADMINISTRATIONArticle 83:The Administration accomplishes, in various forms, the missions of general interest for which the services have been established. Article 84:The Administration participates in promoting economic, social and cultural development by responding, in an appropriate manner, to the needs of the national community and users, with transparency, respect for Human Rights and democracy.
Civil service recruitment
Article 85:Administration agents are required, in the exercise of their missions, to respect the fundamental principles of public service including legality, equality, impartiality, neutrality and continuity. They must adopt behavior that respects the rules of ethics and professional conduct, in particular, integrity and moral probity.
Civil service recruitment
Article 86:The State ensures that the recruitment of Administration agents is carried out within the framework of transparent procedures that guarantee equal opportunities for all and that their career development is based on criteria of competence and professionalism. Article 87:The State ensures that administration agents are provided with the working conditions, remuneration and security necessary for the proper accomplishment of their missions. CHAPTER IV: INDEPENDENT ADMINISTRATIVE AUTHORITIESArticle 88:Independent administrative authorities exercise their missions, particularly in the areas of mediation, regulation, verification and control, protection of individual freedoms and rights, organization and management of elections. Independent administrative authorities are created by law. CHAPTER V: ARMED AND SECURITY FORCESArticle 89:The Armed and Security Forces are responsible for defending the integrity of the national territory, protecting persons and their property, maintaining public order and enforcing laws. They participate in economic, social, cultural development actions and environmental protection of the country.
Restrictions on the armed forces
Article 90:The Armed and Security Forces serve the Nation. They are republican, apolitical and subject to political authority.
Restrictions on the armed forces
Article 91:The Armed Forces may only be employed in maintaining public order under conditions determined by law. Article 92:The Armed and Security Forces may participate in external missions of peace, stabilization or security within the framework of respect for Mali's international commitments. Article 93:The State ensures that the Armed and Security Forces have, at all times, the necessary human resource capacities and material means to accomplish their missions. The planning of these resources and means is carried out through programming laws. TITLE IV: OF LEGISLATIVE POWERCHAPTER I: GENERAL PROVISIONSArticle 94:
Structure of legislative chamber(s)
Legislative power is exercised by Parliament.
Initiation of general legislation
Parliament votes on laws and contributes to the evaluation of public policies. Article 95:
Structure of legislative chamber(s)
Parliament comprises two (02) chambers: the National Assembly and the Senate.
Joint meetings of legislative chambers
Congress is the meeting of the two (02) chambers of Parliament. The presidency of Congress is held by the President of the National Assembly and the vice-presidency is held by the President of the Senate. Article 96:Members of the National Assembly bear the title of Deputy.
Term length for first chamber, First chamber selection, Claim of universal suffrage
Deputies are elected for five (05) years by direct universal suffrage. The electoral system may be majoritarian, proportional or mixed.
Eligibility for first chamber
Malians established abroad are represented in the National Assembly according to the procedures defined by law. Article 97:Members of the Senate bear the title of Senators.
Second chamber selection
The Senate is constituted, for three quarters (3/4), of members elected by indirect universal suffrage representing territorial communities and, for one quarter (1/4), of designated members representing traditional authorities and legitimacies, Malians Established Abroad and personalities who have honored the service of the Nation.
Term length of second chamber
The mandate of members of the Senate is five (05) years.
Outside professions of legislators
Article 98:No one may be simultaneously a member of the National Assembly and the Senate.
First chamber selection, Second chamber selection
Article 99:The law determines the procedures for the election of Deputies to the National Assembly. It also determines the procedures for the election or designation of Senators.
Eligibility for first chamber, Eligibility for second chamber, Replacement of legislators
Article 100:An organic law establishes, for each of the two (02) Chambers, the conditions of eligibility, the regime of ineligibilities and incompatibilities. It also determines the conditions under which their replacement is carried out, in case of vacancy of seat.
Compensation of legislators
Article 101:An organic law establishes the allowances and other benefits allocated to Deputies and Senators.
Earnings disclosure requirement
Article 102:After their official installation and within a period of thirty (30) days, the President of the Court of Accounts receives the written declarations of assets of Deputies and Senators. These declarations are subject to annual updates and upon cessation of functions. The President of the Court of Accounts informs the national public of the completion of the declaration formality and updates.
Immunity of legislators
Article 103:Deputies and Senators enjoy parliamentary immunity only in the context of exercising their functions. They cannot be prosecuted, investigated, arrested, detained or tried by reason of opinions or votes expressed during parliamentary sessions.
Removal of individual legislators
Article 104:Any Deputy or Senator who is subject to a final criminal conviction is stripped of their mandate, at the request of the minister responsible for Justice. The same applies when the Deputy or Senator is sentenced to a final correctional penalty equal to or greater than one (01) year of imprisonment without suspended sentence. Article 105:Any imperative mandate is null and void.
Secrecy of legislative votes
The right to vote of members of Parliament is personal. Organic law may exceptionally authorize the delegation of votes. In this case, no one may receive delegation of more than one mandate. Article 106:
Removal of individual legislators
Any Deputy or Senator who resigns from their political party or the organization they represent shall forfeit their mandate.
Removal of individual legislators
The resignation is duly recorded in writing. Joining another party or another organization is considered a resignation.
Replacement of legislators
The resigning Deputy or Senator is replaced under conditions determined by organic law. CHAPTER II: ON THE FUNCTIONING OF PARLIAMENT
Length of legislative sessions
Article 107:The National Assembly and the Senate meet, by right, in two (02) ordinary sessions per year. The first session begins on the first working Monday of October. It may not exceed seventy-five (75) days. The second session begins on the first working Monday of April and may not exceed ninety (90) days.
Extraordinary legislative sessions
Article 108:Parliament is convened in extraordinary session, either at the request of the President of the Republic, or at the request of the majority of members of the National Assembly or the Senate, on a determined agenda. In case of extraordinary session, the closure decree takes effect as soon as Parliament has exhausted the agenda for which it was convened and at the latest fifteen (15) days from the date of its convocation.
Extraordinary legislative sessions
Article 109:
Head of state decree power
Except in cases where Parliament meets by right, extraordinary sessions are opened and closed by decree of the President of the Republic.
Attendance by legislators
Article 110:The Deputy or Senator has the obligation to participate in the work of committees and plenary sessions, under penalty of sanctions provided for by the internal regulations of the National Assembly and the Senate. Article 111:Each chamber of Parliament establishes its internal rules. The internal rules of Congress are established by both (02) Chambers.
Leader of first chamber, Leader of second chamber
Article 112:The President of the National Assembly and the President of the Senate are elected for the duration of the legislature. Article 113:
Removal of individual legislators
The President of the National Assembly and the President of the Senate may be subject to impeachment proceedings for failure to fulfill the duties of their office.
Removal of individual legislators
To be admissible, the impeachment initiative must be signed by at least two-thirds (2/3) of the members of the chamber concerned.
Removal of individual legislators
No impeachment proceedings may be initiated in the first two (02) years following the assumption of office of the President of the National Assembly or the President of the Senate.
Removal of individual legislators
Impeachment is pronounced by a majority of three-quarters (3/4) of the members of the chamber concerned, under the conditions determined by its internal rules.
Replacement of legislators
In case of impeachment, the National Assembly or the Senate proceeds to elect a new President under the conditions set by the internal rules. The new President completes the term of the impeached President. Article 114
Public or private sessions
The sessions of the Chambers of Parliament are public. However, each chamber may sit in closed session, on its own initiative or at the request of the Government. The internal rules establish the procedures.
Publication of deliberations
The complete record of debates is published in the Official Journal. CHAPTER III: ON THE DOMAIN OF LAW AND REGULATIONArticle 115:Law is voted by Parliament by simple majority. Within the domain of law, in addition to matters expressly assigned to it by other articles of the Constitution:
Finance bills
The finance law determines the resources and expenditures of the State under conditions established by an organic law.
Economic plans
Programming laws determine the objectives of the State's economic, social, cultural and national security action. Article 116:Matters other than those within the domain of law have a regulatory character. Legislative texts that intervened in these matters prior to the entry into force of this Constitution may be modified by decree after opinion of the Supreme Court.
Constitutionality of legislation
Those of these texts that will intervene after the entry into force of this Constitution may only be modified by decree if the Constitutional Court has declared that they have a regulatory character. Laws and regulations are published in the Official Journal. Article 117:
Power to declare/approve war
The declaration of war is authorized by Parliament specially convened in Congress for this purpose, by absolute majority of its members. The President of the Republic informs the Nation thereof by message.
Emergency provisions
Article 118:The state of emergency and the state of siege are decreed in the Council of Ministers. Their extension, beyond fifteen (15) days, must be authorized by Parliament by absolute majority of its members. A law determines the conditions thereof. CHAPTER IV: RELATIONS BETWEEN THE EXECUTIVE POWER AND THE LEGISLATIVE POWERArticle 119:
Initiation of general legislation
The initiative for laws belongs concurrently to the President of the Republic and to members of Parliament.
Initiation of general legislation
Bills are deliberated in the Council of Ministers, after opinion from the Supreme Court and deposited on the desk of one of the two Chambers.
Finance bills
Finance bills are submitted, in the first instance, to the National Assembly.
Division of labor between chambers
Bills having as their principal object the organization of territory, the status of territorial collectivities, the status of traditional authorities and legitimacies as well as bills relating to the environment and to Malians established abroad are submitted, in the first instance, to the Senate. The agenda of the Chambers includes, by priority and in the order fixed by the Government, the discussion of bills deposited by the Government and of legislative proposals. Article 120:
Initiation of general legislation
Members of Parliament and the Government have the right of amendment which is exercised in session or in committee according to the conditions fixed by the internal regulations of the chambers. After the opening of debate, the Government may oppose the examination of any amendment that has not been previously submitted to it.
Head of state decree power
Article 121:The Government may, for the execution of its action plan, request from Parliament authorization to take by ordinance, for a limited period, measures that are normally within the domain of law. Ordinances are taken in the Council of Ministers, after opinion of the Supreme Court. They enter into force upon their adoption, but become null and void if the ratification bill is not submitted to Parliament before the date set by the enabling law. Upon expiration of the period mentioned in the first paragraph of this article, ordinances may only be modified by law in matters that are within the legislative domain. Article 122:
Approval or veto of general legislation, Finance bills
If the Government so requests, the Chamber seized shall rule by a single vote on all or part of the text under discussion, retaining only the amendments proposed or accepted by the Government. Proposals and amendments formulated by members of Parliament are not admissible when their adoption would result in either a reduction of public resources or the creation or aggravation of a public burden, unless such proposals or amendments are accompanied by a proposal for equivalent revenues or savings.
Constitutionality of legislation
If it appears, during the legislative procedure, that a proposal or amendment is not within the domain of law, the Government may raise inadmissibility. In case of disagreement between the Government and the Chamber seized, the Constitutional Court, at the request of the Government or the President of the Chamber concerned, shall rule within eight (08) days.
Division of labor between chambers
Article 123:Every bill or proposed law is examined successively by the two (02) Chambers of Parliament with a view to adopting an identical text. Discussion of bills takes place, before the first Chamber seized, on the text presented by the Government. A Chamber seized of a text voted by the other chamber deliberates on the text transmitted to it. When, as a result of disagreement between the two (02) chambers, a bill or proposed law could not be adopted after two (02) readings by the two (02) Chambers, or if the Government has declared urgency, after a single reading by each of them, the Prime Minister has the power to convene a joint committee charged with proposing an identical text on the remaining provisions. The text prepared by the joint committee may be submitted by the Government for approval to both (02) chambers. No amendment to this text is admissible, except with the agreement of the Government. If the joint committee fails to adopt a common text or if this text is not adopted under the conditions provided for in the preceding paragraph, the Government may, after a new reading by the National Assembly and the Senate, request the National Assembly to rule definitively. In this case, the National Assembly may adopt either the text prepared by the joint committee, or the text voted by it, modified, where appropriate, by one or more of the amendments adopted by the Senate.
Organic laws
Article 124:Laws to which this Constitution confers the character of organic law are voted under the following conditions:
However, in the absence of agreement between the two (02) Chambers, the text is adopted on final reading by the National Assembly by absolute majority of its members.
Constitutionality of legislation
Organic laws may only be promulgated after declaration by the Constitutional Court of their conformity to the Constitution.
Finance bills
Article 125:Parliament is seized of the finance bill upon the opening of the ordinary session preceding the budgetary period. If the National Assembly has not ruled at first reading, within forty (40) days after the filing of the finance bill, the Government refers the matter to the Senate which must rule within fifteen (15) days. The procedure provided for in article 123. shall apply. If Parliament has not ruled within seventy (70) days, the budget is then established ex officio by the Government based on the revenues of the previous fiscal year and after opinion of the Court of Accounts. Article 126:
Legislative oversight of the executive
Before either Chamber of Parliament, the Prime Minister may, on his own initiative or at the request of the President of one of the Chambers, make a statement on a specific subject which gives rise to a debate without vote.
Legislative oversight of the executive
Article 127:Parliament controls the action of the Government. Members of Parliament may pose written questions to ministers who are required to respond within fifteen (15) days following the date of their receipt. The questions and responses are published in the Official Journal. Members of Parliament may pose oral questions and current affairs questions to ministers according to the procedures determined by the internal rules of each Chamber.
Legislative oversight of the executive
Article 128:Each Chamber of Parliament may designate, within itself, committees of inquiry whose powers and procedures for organization and operation are established by its internal rules. However, no commission of inquiry may be created when the facts have given rise to judicial proceedings and as long as such proceedings are ongoing. If a commission has already been created, its mission ends as soon as a judicial investigation is opened relating to the facts that motivated its creation. TITLE V: OF THE JUDICIAL POWERCHAPTER I: GENERAL PROVISIONSArticle 129:
Judicial independence, Structure of the courts
The judicial power is independent of the executive and legislative powers. It is exercised by the Supreme Court, the Constitutional Court, the Court of Accounts and other Courts and Tribunals. Alternative and traditional methods of dispute resolution are authorized under conditions determined by law.
Judicial independence
Article 130:The judicial power is the guardian of the freedoms defined by this Constitution. It ensures respect for rights and freedoms. It is responsible for applying, in its own domain, the laws and regulations of the Republic. Article 131:
Source of constitutional authority
Justice is rendered in the name of the Malian People.
Judicial independence
Judicial decisions are rendered solely on the basis of impartial application of the law. Judgments are drafted within the time limits provided by laws and regulations in force, under penalty of administrative sanction.
Judicial independence
Article 132:Judges are subject, in the exercise of their functions, only to the authority of the law. Magistrates of the bench are irremovable.
Supreme/ordinary court judge removal
Article 133:Any failure by a Judge to fulfill his duties of independence, impartiality and integrity constitutes a serious professional misconduct punishable by disciplinary sanctions, without prejudice, where applicable, to judicial proceedings. Article 134:
Judicial independence
The President of the Republic is the guarantor of the independence of the judicial power.
Establishment of judicial council
He is assisted by the Superior Council of the Magistrature.
Establishment of judicial council
Article 135:The Superior Council of the Magistrature oversees the management of magistrates' careers and gives its opinion on any matter concerning the independence of the magistrature. It acts as a Disciplinary Council for Magistrates.
Establishment of judicial council
Article 136:The Superior Council of the Magistrature may be referred to by a litigant under conditions established by an organic law.
Establishment of judicial council
Article 137:The Superior Council of the Magistracy is constituted half of personalities chosen from outside the body of Magistrates.
Establishment of judicial council
Article 138:An organic law establishes the attributions, composition, organization and operating rules of the Superior Council of the Magistracy. CHAPTER II: OF THE SUPREME COURTArticle 139:
Structure of the courts
The Supreme Court is the highest jurisdiction in judicial and administrative matters.
Supreme court powers
It has contentious and consultative competencies.
Supreme court powers
Article 140:The Supreme Court rules sovereignly on appeals for cassation directed against judgments and decisions rendered as final resort in matters falling within its competence.
Supreme court powers
Article 141:The Supreme Court issues opinions on any question of law falling within the scope of its competencies.
Supreme court selection
Article 142:The Supreme Court is presided over by a Magistrate appointed by decree of the President of the Republic, upon conforming proposal of the Superior Council of the Magistracy. The Vice-president and the other members of the Supreme Court are appointed under the same conditions.
Organic laws
Article 143:An organic law establishes the attributions, organization, operating rules as well as the procedure followed before the Supreme Court. CHAPTER III: ON THE CONSTITUTIONAL COURT
Constitutional court powers
Article 144:
Constitutionality of legislation
The Constitutional Court is judge of the constitutionality of laws and it guarantees the fundamental rights of the human person and public freedoms. It is the regulatory body for the functioning of institutions and the activity of public authorities. Article 145:
Eligibility for const court judges
The Constitutional Court comprises nine (09) members who bear the title of counselors.
Constitutional court term length
The mandate of counselors is seven (07) years, non-renewable. The nine (09) members of the Constitutional Court are designated as follows:
Eligibility for const court judges
The Counselors are chosen, primarily, from among Teacher-Researchers in public law, Lawyers and Magistrates having at least fifteen (15) years of experience, as well as qualified personalities who have honored the service of the Nation.
Constitutional court selection
The Counselors, thus designated, are appointed by decree of the President of the Republic.
Constitutional court selection
Article 146:The President of the Constitutional Court is elected by his peers. In case of temporary impediment, his functions are performed by the oldest Counselor. In case of death or resignation of a Counselor, the new member is chosen by the relevant appointing authority and completes the mandate begun.
Constitutionality of legislation
Article 147:The Constitutional Court has mandatory jurisdiction over the constitutionality of organic laws before their promulgation and the internal regulations of the National Assembly, the Senate and the Congress before their implementation. Organic laws are submitted by the President of the Republic to the Constitutional Court before their promulgation. Other categories of laws, before their promulgation, may be referred to the Constitutional Court by the President of the Republic, the President of the National Assembly or one-tenth (1/10) of the Deputies, the President of the Senate or one-tenth (1/10) of the Senators. The internal regulations of the National Assembly and the Senate are submitted to the Constitutional Court by the Presidents of said institutions before their implementation. The same applies to the internal regulations of the Congress. Referral to the Constitutional Court suspends the time limit for promulgation of the law. In the cases provided for in paragraphs 1 and 3 of this article, the Constitutional Court rules within thirty (30) days. However, at the request of the Government, if there is urgency, this time limit is reduced to eight (08) days. A provision declared unconstitutional cannot be promulgated or applied.
Constitutional court powers
Article 148:The Constitutional Court rules on conflicts of jurisdiction between the institutions of the Republic. It is seized by the Presidents of the institutions concerned.
Constitutional court powers
Article 149:
Referenda
The Constitutional Court controls the regularity of the election of the President of the Republic and referendum operations. It examines complaints and proclaims the final results.
Constitutional court powers
Article 150:The Constitutional Court rules, in case of dispute, on the regularity of the election of Deputies and the election or designation of Senators.
Constitutional court powers
Article 151:The Constitutional Court is seized, in case of dispute over the validity of an election, by any candidate, any political party or by the authority responsible for organizing elections. When it grants a petition, the Court may, as the case may be, annul the contested election or reform the results.
Constitutional court powers, Legal status of treaties
Article 152:International commitments provided for in article 182 may be referred, before their ratification, to the Constitutional Court by the President of the Republic, the President of the National Assembly or one-tenth (1/ 10) of the Deputies, the President of the Senate or one-tenth (1/ 10) of the Senators. The Constitutional Court verifies, within a period of thirty (30) days, whether these commitments contain a clause contrary to the Constitution. However, at the request of the President of the Republic, if there is urgency, this period is reduced to eight (08) days. A commitment declared contrary to the Constitution cannot be ratified.
Constitutionality of legislation
Article 153:When, in the course of proceedings before a court, it is argued by a litigant that a legislative provision infringes the rights and freedoms guaranteed by the Constitution, the Constitutional Court may be seized of this question upon referral from the Supreme Court. When the exception of unconstitutionality is transmitted, the court stays its ruling until receipt of the decision of the Constitutional Court. A provision declared unconstitutional on the basis of the preceding paragraph is repealed. The Constitutional Court determines the effects of this repeal. An organic law determines the procedures for implementing this article.
Constitutional court opinions
Article 154:The decisions of the Constitutional Court are not subject to any appeal. They are binding on public authorities, all administrative and judicial authorities and all natural and legal persons.
Organic laws
Article 155:An organic law establishes the rules of organization and functioning of the Constitutional Court, as well as the procedure followed before it. CHAPTER IV: THE COURT OF ACCOUNTS
Establishment of tax courts
Article 156:The Court of Accounts is the supreme court of public finances and the supreme institution for the control of public finances. It has judicial, control and advisory functions.
Legislative oversight of the executive
Article 157:The Court of Accounts assists the Government and Parliament in controlling the execution of finance laws and evaluating public policies. Article 158:
Establishment of tax courts
The Court of Accounts judges the accounts of public accountants for funds and materials.
Legislative oversight of the executive
It controls the regularity of financial operations, sanctions management faults, declares and clears de facto management.
Legislative oversight of the executive
Article 159:The Court of Accounts may, at any time, exercise any control, either on its own initiative or at the request of the President of the Republic, the Prime Minister, the President of the National Assembly or the Senate.
Campaign financing
Article 160:The Court of Accounts verifies the accounts of political parties.
Earnings disclosure requirement
Article 161:The Court of Accounts receives asset declarations from those subject to the provisions referred to in articles 56, 79 and 102.
Ordinary court selection
Article 162:The President and other members of the Court of Accounts are appointed by decree of the President of the Republic after favorable opinion of the Superior Council of the Magistracy.
Organic laws
Article 163:An organic law establishes the attributions, organization, operating rules of the Court of Accounts as well as the procedure followed before it. TITLE VI: ON THE ECONOMIC, SOCIAL, ENVIRONMENTAL AND CULTURAL COUNCILArticle 164:The Economic, Social, Environmental and Cultural Council has jurisdiction over all matters of economic, social, environmental and cultural development. It participates in any commission of national interest of an economic, social, environmental and cultural nature. Article 165:The Economic, Social, Environmental and Cultural Council annually collects the needs, expectations and problems of society and drafts a report with guidelines and proposals. This report is addressed to the President of the Republic, the Prime Minister and the Presidents of the two (02) Chambers of Parliament. It conducts, with the Government once (01) per year, an evaluation of the follow-up given to the recommendations of the report. Article 166:The Economic, Social, Environmental and Cultural Council may, on its own initiative, undertake studies accompanied by proposals on any matter of an economic, social, environmental and cultural nature affecting the life of the Nation. The study reports are communicated to the President of the Republic, the Prime Minister and the Presidents of the two (02) Chambers of Parliament. Article 167:
Finance bills
The Economic, Social, Environmental and Cultural Council is consulted by the President of the Republic on any draft finance law, any draft plan or programming law. At the request of the President of the Republic, it gives its opinion on draft laws, ordinances or decrees relating to matters falling within the areas of its competence. Article 168:The Economic, Social, Environmental and Cultural Council is composed of:
It also includes associate members chosen by reason of their recognized competence in the economic, social, environmental or cultural fields. The members of the Economic, Social, Environmental and Cultural Council bear the title of Counselor of the Republic. Article 169:The Economic, Social, Environmental and Cultural Council meets each year by right in two (02) ordinary sessions of thirty (30) days each, upon convocation by its President. It may meet in extraordinary session, at the request of its President or of the majority of its members, for a duration which may not exceed ten (10) days. The decree of convocation and closure is issued by the President of the Republic.
Public or private sessions
The sessions of the Economic, Social, Environmental and Cultural Council are public. However, it may sit in closed session, on its own initiative or at the request of the President of the Republic. Article 170:The President of the Economic, Social, Environmental and Cultural Council is elected by his peers during the opening session of the first session for a term of five (05) years.
Immunity of legislators
Article 171:No member of the Economic, Social, Environmental and Cultural Council may be prosecuted, investigated or judged for opinions expressed by him during Council sessions. Article 172:The President of the Economic, Social, Environmental and Cultural Council may be subject to impeachment proceedings for failure to fulfill the duties of his office. To be admissible, the impeachment initiative must be signed by at least two thirds (2/3) of the Council members. No impeachment proceedings may be initiated in the first two (02) years following the President's assumption of office. Impeachment is pronounced by a majority of three quarters (3/4) of the Council members, under conditions determined by an organic law.
Head of state replacement
In case of removal from office, the Council shall proceed to the election of a new President under the conditions established by organic law. The new President shall complete the term of the removed President.
Organic laws
Article 173:The organization, operating rules and designation of members of the Economic, Social, Environmental and Cultural Council are established by organic law. TITLE VII: ON THE ORGANIZATION OF TERRITORY
Subsidiary unit government
Article 174:The organization of the territory of the Republic is based on the principles of deconcentration and decentralization. The territory is subdivided into administrative districts and territorial communities.
Subsidiary unit government
Article 175:Administrative districts constitute the territorial framework for representation and intervention of the State.
Subsidiary unit government
Article 176:Territorial communities constitute the territorial framework for participation of populations in the management of their own affairs. They administer themselves freely through elected councils, under conditions determined by law.
Subsidiary unit government
Article 177:Administrative districts and territorial communities are created and abolished by law.
Subsidiary unit government
Article 178:The State ensures the harmonious development of territorial communities, based on national solidarity. To this end, it may allocate, by law, for a limited duration, exceptional powers and resources to one or more levels of territorial communities, while respecting national unity and territorial integrity. TITLE VIII: TRADITIONAL AUTHORITIES AND LEGITIMACIESArticle 179:
Integration of ethnic communities
Traditional Authorities and Legitimacies, guardians of society's values, contribute to strengthening living together and social cohesion, to the prevention and management of conflicts. The different categories of traditional Authorities and Legitimacies, their roles and the modalities of their intervention are determined by law. TITLE IX: ON AFRICAN UNITY
International organizations, Regional group(s)
Article 180:The Republic of Mali may conclude, with any African State, association or integration agreements including partial or total abandonment of sovereignty with a view to achieving African unity. TITLE X: ON TREATIES AND INTERNATIONAL AGREEMENTS
Treaty ratification
Article 181:The President of the Republic negotiates and ratifies treaties. He is informed of any negotiation tending toward the conclusion of an international agreement not subject to ratification.
Treaty ratification
Article 182:Peace treaties, commercial treaties, treaties or agreements relating to international organizations, those that commit the finances of the State, those that relate to the status of persons, may only be approved or ratified by virtue of law. They take effect only after having been approved or ratified.
Legal status of treaties
Article 183:Treaties or agreements regularly ratified or approved have, from their publication, an authority superior to that of laws, subject, for each treaty or agreement, to its application by the other party. TITLE XI: ON REVISION
Constitution amendment procedure
Article 184:The initiative for constitutional revision belongs concurrently to the President of the Republic and to members of Parliament. The draft or proposed revision must be adopted, in identical terms, by both (02) Chambers of Parliament by a majority of two (2/3) thirds of their members.
Referenda
The revision is final only after having been approved by referendum. Article 185:
Constitution amendment procedure
No revision procedure may be initiated or pursued when the integrity of the territory is under attack.
Unamendable provisions
The republican form of the State, secularism, the number of terms of the President of the Republic and multipartyism may not be subject to revision. TITLE XII: PARTICULAR PROVISIONSArticle 186:
Source of constitutional authority
The foundation of all power, in the Republic of Mali, resides in the Constitution.
Right to overthrow government
The People have the right to civil disobedience for the preservation of the republican form of the State. Article 187:Any coup d'état or putsch is an imprescriptible crime against the Malian People.
Crimes of the previous regime
Article 188:Facts prior to the promulgation of this Constitution, covered by amnesty laws, may not, under any circumstances, be the subject of prosecution, investigation or judgment. TITLE XIII: TRANSITIONAL PROVISIONS
Transitional provisions
Article 189:Legislation in force remains valid insofar as it is not contrary to this Constitution and is not the subject of express repeal.
Transitional provisions
Article 190:Until the establishment of new institutions, established institutions continue to exercise their functions and powers. However, the activities of the High Court of Justice end upon the promulgation of this Constitution. TITLE XIV: FINAL PROVISIONS
Referenda
Article 191:This Constitution shall be submitted to referendum. In the event that it receives a majority of votes cast, the President of the Transition, Head of State, shall proceed to its promulgation within eight (08) days following the proclamation of the final results of the referendum by the Constitutional Court. |
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