I talk about Djibouti's system of government from executive to legislative and how elections work in the small African nation.

1. May 15,
2020
The Government System of Djibouti
theweeklyrambler.com/the-government-system-of-djibouti/
Djibouti is a small country in the Horn
of Africa and is bordered with Eritrea,
Ethiopia and Somalia and has a coast
along the Gulf of Tadjoura, Gulf of
Aden and the Bab al-Mandab Strait
facing Yemen. Its capital city is easy to
remember as it is also called Djibouti
and is found along the coast of the Gulf
of Tadjoura not too far from the border
with Somalia.
In the earliest recorded times, the area
that is Djibouti along with Somalia was
part of an ancient kingdom called the
Land of Punt, and Zeila (now in
Somalia) was the seat of the Adal and
Ifat Sultanates. In the 19th Century the
French acquired what is today Djibouti
via a treaty with the ruling Somali and Afar sultans and the French colony was named
French Somaliland and in 1967 it was renamed to the French Territory of the Afars and
the Issas. The colony eventually voted for independence which they got in 1977 as
Djibouti, named after its capital city. There was armed conflict in the early 1990s over
representation in government but it was solved via a power-sharing agreement, the
country has been on a good track since. Due to its stable nature and strategic location,
numerous foreign military bases have been allowed to set up in the country, with the US
having its only permanent military base in Africa there.
The official languages in Djibouti are French and Arabic and other national languages are
Somali and Afar. The largest ethnic group are Somalis followed by the Afar and the
largest religion is Sunni Islam. The country’s currency is the Djiboutian franc. The
country’s population is just under 986,000.
Government Type
Djibouti is a presidential representative democratic republic with a President who is
Head of State and a Prime Minister who is Head of Government and there is a
unicameral chamber called the National Assembly that makes up the legislative
government. Multiple parties are allowed, although parties that identify themselves to a
specific race, ethnicity, a sex, religion, sect, language or region are not allowed.
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2. Source and creditEmblem of Djibouti. . CC BY-SA
3.0.
The Executive Government
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3. SourceDjibouti Presidential Palace. Photo by Skilla1st from Wikimedia. CC BY-SA 4.0..
So as stated the country has a President who is Head of State who represents the
country abroad in international diplomacy and foreign affairs and who also has a
number of executive powers at their disposal.
Presidential Absence
When the President is unable to temporarily fulfil their duty, the Prime Minister will take
over as their interim for that period of time. In case of permanent vacancy or definitive
incapacity of the President which is determined by the Constitutional Court, who have
been referred to it by the Prime Minister or President of the National Assembly, then the
interim will be taken by the President of the Supreme Court until fresh elections take
place to elect a new President. During the time that the President of the Supreme Court
is interim leader they cannot adjust or dissolve the Government and cannot dissolve or
modify institutions of the republic.
President’s Powers
The President is charged with determining and conducting the Nation’s policy and the
President exercises regulatory power. The President has the power to address messages
to the Nation.
The President is the Supreme Head of the countries armed forces, the President
appoints the titular officers of the grand commands and the heads of corps. The
Presidents confers the decorations of the republic.
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4. The President exercises the right to pardon from the law.
The President promulgates the law bills that have been passed by the National Assembly
and he can choose to send the bill back for a 2nd reading in an attempt to amend it if he
disagrees with some or all of it. Also, the President can, after consultation with the
President of the National Assembly and President of the Constitutional Court, submit a
law bill to a national referendum.
In the President’s job on international diplomacy and foreign affairs, the President
appoints and accredits the diplomatic and consular representatives and envoys to the
foreign powers. Ambassadors and envoys of foreign powers are accredited to the
President. The President negotiates and approves treaties and international
conventions, which are then given consent via vote of the National Assembly.
Emergency Provisions
During extraordinary times and emergencies, the President can take exceptional
emergency powers after advice from the President of the National Assembly and
President of the Constitutional Court with a message informing the public. These
measures allow the President to do anything, bar constitutional revision, to re-establish
regular functioning of public powers and ensure safeguarding of the nation.
During this time the National Assembly convenes of plain right and they ratify decisions
of the President, any of which not being ratified will not have an effect.
The Government
The Prime Minister is Head of Government and is designated by the President based on
the results of parliamentary elections. The Prime Minister and Government is charged to
be of assistance and counsel to the President
The President appoints and terminates members of Government and Ministers on
advice of the Prime Minister.
The Prime Minister and the Government implements the policy of the President and in-
turn the legislation passed by the National Assembly and promulgated by the President.
Government is responsible to the President and the Prime Minister and Government
must keep the confidence of the National Assembly.
The President of the Republic presides over the Council of Ministers which deliberates on
decisions that determine the general policy of the state, bills of law and appointments to
the superior offices of the state from a list established by virtue of a law adopted by the
National Assembly. The Council of Ministers can also decree a state of siege or urgency,
which requires the consent of the National Assembly to last longer than 15 days.
The President of the Republic has the power to delegate certain of his own
functions/powers to the Prime Minister or Ministers and other high functionaries of the
administration, that are within the framework of their respective attributions.
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5. Members of Government cannot exercise a parliamentary mandate at the same time.
The Legislative Government
SourceNational Assembly meeting place. Photo by Skilla1st from Wikimedia. CC BY-SA 3.0,.
The unicameral chamber called the National Assembly makes up the legislative
government and is charged with introducing, debating, amending, passing or rejecting
legislation and other decisions/resolutions. The National Assembly currently has 65
members, determined by organic law (which is law that generally cannot be changed via
just a simple majority but does not require a constitutional amendment to change). The
National Assembly also passes the Bill of the Law of Finance, which is the state budget, if
it fails to pass by the specified time then the President of the Republic is obligated to re-
implement the budget of the previous year by provisional twelfths.
Legislation can be introduced by the President of the Republic and the members of the
National Assembly.
The parliament has legislative oversight of the executive via oral or written questions,
interpellation of the Government, annual debate on the state of the nation and also
Parliamentary commissions of inquiry can be made, within the framework of the control
of the action of Government.
The National Assembly gives consent to a declaration of war. Various international
treaties require approval via legislation passed by the National Assembly. Secession or
acquisition of territory requires consent via a national referendum.
An extraordinary session on a specific agenda can be called by either the President of
the Republic, President of the National Assembly or at the demand of the absolute
majority of the National Assembly’s members.
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6. The President of the National Assembly is elected by the members after each new
parliamentary mandate (after parliamentary elections). A Conference of Presidents is
held to determine agenda of the National Assembly which includes the President of the
National Assembly, Vice Presidents of the National Assembly’s Bureau, Presidents of the
Parliamentary Groups, Presidents of the Commissions and the Rapporteur-General of
the Commission of Finance, a representative of the Government also participates.
The Judicial System
The President of the Republic is the guarantor of judicial independence and is guided by
the Superior Council of the Magistrature which the President presides over, its
composition is decided by an organic law.
The Constitutional Court has six members serving 8-year-terms and are not renewable.
Two are appointed by the President of the Republic, two by the President of the National
Assembly and the other two by the Superior Council of the Magistrature. Its members
are renewed in halves every 4-years. Those chosen must be at least 30-years-old and be
chosen from among jurists of experience. The President of the Constitutional Council is
appointed by the President of the Republic from among the court’s members. Former
Presidents of the Republic are ex officio members of the court for life.
There is a High Court of Justice that can try the President or members of Government
put before it by vote of the National Assembly. The President can only be tried for High
Treason. Accusations to put the President or member of Government before the High
Court of Justice requires a two-third majority vote of the National Assembly. High Court
of Justice decision can lead to removal from office.
The High Court of Justice’s members are designated by the National Assembly at each
general renewal and its composition is decided by organic law. The President of the High
Court of Justice is elected from among the members of the court.
The Electoral System
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7. Source. Image by Skilla1st from Wikimedia. CC BY-SA 4.0.
Presidential elections happen every 5-years. The election uses a two-round system
where a candidate must get an absolute majority to win outright in the first round
otherwise a 2nd round will be held between the top two candidates which is won by
simple majority. There are no term limits on how many times a single person can hold
office.
Candidates for President must be a Djiboutian born citizen, enjoy all civil and political
rights and be at least 40-years-old but no older than 75-years-old.
Parliamentary elections happen every 5-years to elect the members of the National
Assembly. Members are elected from multi-seat constituencies using a party-list
proportional representation system where parties who reach a specified threshold
percentage of votes are guaranteed seats.
Candidates for the National Assembly must be a citizen of Djibouti, who are at least 23-
years or older and enjoy all civil and political rights.
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8. Sources
Sources from this were from Djibouti’s 1992 constitution with amendments through to
2010 (constituteproject.org) and so should be as accurate as possible but of course there
is always the chance I may have misinterpreted something so cross-research is
suggested for any using this in a serious capacity and of course the constitution can
always be amended and so this post may eventually become outdated.
Some information on electoral procedure from the CIA World Factbook Djibouti entry.
The President of the Republic or at least one-third of National Assembly members can
propose an amendment to the country’s constitution. The revision than requires to be
passed via the National Assembly on a simple majority and then either requires a
National Referendum or the President of the Republic can choose to adopt the revision
in the National Assembly instead, requiring a two-thirds majority.
Next up will be the government system of Dominica.
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