CONSTITUTION
of the
FEDERAL ISLAMIC REPUBLIC OF THE COMOROS
October 30, 1996
Table of Contents
PREAMBLE
Title I-General Provisions
Title II-Executive Power
Chapter I-The President of the Republic
Chapter II-The Government of the Republic
Title III-Legislative Power
Title IV-Judicial Power
Title V-The High Council of the Republic
Title VI-Council of Ulemas
Title VII-Institutions of the Islands
Chapter I-The Governor of the Island
Chapter II-The Council of the Island
Title VIII-Revision
Title IX-Transitional and Final Provisions

PREAMBLE
The Comorian people solemnly proclaim their aspirat ion to draw from Islam, the permanent
inspiration of the principles and laws that shall g overn the State and its institutions.
They affirm their commitment to principles defined by the Charter of the United Nations, by
that of the Organization of African Unity, of the O rganization of the Islamic Conference and
by the pact of the League of the Arab States.

Inspired by the Universal Declaration of the Rights of Man of the United Nations and of the
Africa Charter of the Rights of Man and of Peoples, they proclaim and guarantee:
the equality of all citizens concerning rights and duties without regard to sex, origin, race,
religion, creed or ideological conviction;
the freedom and security of each individual, under the sole condition that he does not commit
any act likely to harm others;
freedom of movement and of residence subject to leg islative prescriptions;
freedom of expression and of assembly, freedom of a ssociation and to organize trade unions
with respect of the laws of the Republic;
the right to strike within the framework of the law s which regulate it;
the right of each child to an education and to inst ruction by the State and by the parents and
the teachers chosen by the latter, as well as the r ight of the child to protection, particularly that
specified by international conventions regularly ra tified.
the right of the youth to be protected by the State and the collectivities against moral
abandonment, against all form of exploitation and a ll form of delinquency;
the right of all Comorans to health, to work and to decent housing;
the inviolability of the home and of correspondence , except under conditions prescribed by
the laws of the Republic with respect to dignity an d intimacy;
the inviolability of property, except [in the case of] proved public necessity according to the
law and only under condition of a just and previous indemnity;
freedom of enterprise;
security of capital and investments as well as the free circulation of this capital;
the equality of all citizens before justice and the right of all subject to jurisdiction to a
defense;
the independence of magistrates;
the freedom of thought and of opinion, of press and publication, of creation and literary
artistic and scientific production;
the right to protection of the family, it being the basis of the society.
This Preamble shall be considered an integral part of the Constitution.
TITLE ONE
GENERAL PROVISIONS

Article 1
The Comoros archipelago constitutes an Federal Islamic Republic.
Each one of its main islands, Maoré (Mayotte), Ndzo uani (Anjouan), Mwali (Mohéli) and
Ngazidja (Grande-Comore) is an autonomous territori al entity.
With respect to the Unity of the Republic, these is lands administer freely, by the intermediary
of their elected representatives, those matters tha t are constitutionally attributed to them.
However, the State guarantees effectively the natio nal solidarity and cohesion, seeing to the
establishment of a political, economic and social e quilibrium [that is] adequate and equitable
between all the islands composing the Comorian terr itory, taking into account the specific
nature [spécificités] of each one of them.
Article 2
The national emblem is the green flag, broken at th e center by a crescent and four white stars
with at the top the name of Allah and at the bottom the name of Muhamad, his Prophet. The
other characteristics of the flag are determined by law.
The national hymn is “UDZIMA WA MASIWA.”
The motto of the Republic is “Unity-Justice-Progres s.”
The official languages are Comorian, the national l anguage, French, and Arabic.
Article 3
With respect to the particularities of each island, the equality of all citizens is assured before
the law without distinction to origin, race, religi on or belief.
Article 4
Sovereignty belongs to the people who exercise it, in each island and in the whole of the
Republic, by their elected representatives or by th e means [voie] of referendum. No group nor
individual may arrogate [attribuer] its exercise.
Under conditions specified by the law suffrage is u niversal, equal and secret. It may be direct
or indirect.
According to conditions determined by the law, all Comorians of both sexes who are at least
eighteen years of age and enjoying their full civil and political rights are electors.
Comorian nationality may be acquired, kept and lost according to the law. No one, who is
Comorian by birth, may be deprived of his nationali ty.
The State may negotiate treaties of double national ity with countries enjoying special ties with
the Comoros.

Comorians who have acquired nationality of those countries do not lose their nationality of
origin.
Article 5
Parties and political groups concur in the expressi on of suffrage. They form themselves and
exercise their activities freely with respect to th e national sovereignty, democracy and
territorial integrity.
However, parties or political groups will be dissol ved by right which have not obtained in the
Federal Assembly, in the first legislative election that follows the adoption of the present
Constitution, a representation of at least two depu ties per island, unless these parties or
political groups merge with other groups that are v alidly represented within the said
Assembly.
In case one party or political group is the only on e validly represented in the Federal
Assembly, the party or political group which, by th e number of votes obtained, comes in
second position, continues to exercise its activity freely.
In any case, only those parties or political groups which exercise their activity over the whole
Republic may participate in national elections acco rding to conditions determined by law.
Their internal structures and their functioning mus t be democratic.
TITLE II
EXECUTIVE POWER
Chapter I
The President of the Republic
Article 6
The President of the Republic is the Chief of State . He sees to the respect of the Constitution.
He assures, through his arbitration, the regular fu nctioning of the public powers and the
continuity of the State. He is the guarantor of nat ional independence, of the unity of the
Republic, the autonomy of the Islands, the territor ial integrity and of the respect of
international agreements.
He assures the supreme representation of the State in international relations.
Article 7
The President of the Republic is elected by direct universal suffrage for a six-year term.
Candidates for the presidency must be at least fort y years of age and not more than seventy-
five years by December 31 of the year preceding the vote.
They must have resided on the national territory co ntinuously for at least twelve months prior
to the deposit of the candidacies, except in case o f force majeure ascertained by the High
Council of the Republic, and be of Comorian nationa lity by birth.

The electoral law determines the other conditions of eligibility of the President of the
Republic.
Article 8
The ballot is uninominal. The President of the Repu blic is elected by absolute majority of
votes cast. If this is not attained at the first ro und of voting, a second round follows after a
period of fifteen days, presenting the two candidat es who obtained the most votes during the
first round, if it be the case that other more favo red candidates have withdrawn.
The first round of voting for President of the Repu blic takes place at least thirty days and no
later than sixty days before the date of expiration of the powers of the current President.
The new President takes office the day after the ex piration of the mandate of his predecessor.
If, before the first round of voting, one of the ca ndidates dies or finds himself definitively
incapacitated, the High Council of the Republic may declare a postponement of the election.
In case of the death or definitive incapacity of on e of the two candidates remaining in the race
for the second round, the High Council of the Repub lic declares that there must be a whole
new electoral operation.
The High Council of the Republic may extend the tim e period provided in paragraph 2 of this
article without the voting taking place more than t hree months after the date of the decision of
the High Council of the Republic.
If the application of the provisions of the precedi ng paragraph have the effect to postpone the
election to a date following the expiration of the powers of the current President of the
Republic, the latter will stay in function until hi s successor takes office.
Before taking office, the President of the Republic takes an oath before the High Council of
the Republic, in these words and the Comorian langu age:’ NGAM RENGO ANHADI USONI
MWA MGOUNO WANADAMU UKA NGAMDJO TEKELEZA ZE WADJIBU ZA HE ZE
DHWAMANA ZA HANGU HAWU AMINIFU NA WU ANDILIFU HEZE FAYI DA
DJIMLAZAHE YENTSI NA WUSTEHI YE SHARIYA MSHINDDJI.
In addition, he is obligated to sign and forward to the High Council of the Republic a detailed
declaration of his assets.
This declaration is published in the Official Journ al.
The office of the President of the Republic is inco mpatible with the exercise of any other
elected mandate, with any other public employment, with any other public or private
professional activity, and with any function within the directive organ of a party or political
group.
Article 9

In the case of his absence or temporary incapacity, the President of the Republic is substituted
by the Prime Minister. If the Prime Minister is him self also absent or incapacitated, the
President of the Republic is substituted by the Min ister that he has designated.
No act [acte de nature] to modify the Constitution or the fundamental opti ons of the Republic
may be taken during this period. During this same p eriod, no ministerial reorganization of the
Government, no dissolution of the Federal Assembly, or of any other deliberative and
jurisdictional instance may intervene.
Article 10
In the case of vacancy of the Presidency of the Rep ublic or the definitive incapacity of the
President of the Republic ascertained by the High C ouncil of the Republic seized by the
Government deciding [statuer] by a majority of its members, the functions of the President of
the Republic shall be provisionally exercised by th e President of the High Council of the
Republic. If the latter is himself incapacitated, b y the senior member of the High Council of
the Republic.
The ballot for the election of the new President of the Republic takes place, except in the case
of force majeure established by the High Council of the Republic, thirty days at least and
ninety days at most after the beginning of the vaca ncy or the definitive declaration of
incapacity.
The interim President may neither pronounce the dis solution of the Federal Assembly, nor of
any other deliberative instance and any act to modi fy the Constitution cannot be taken until
the entry into office of the new President. During the same period, any ministerial
reorganization or change of Government may not inte rvene.
The President of the interim may not submit [his] c andidature to the election of the new
President of the Republic.
Article 11
The President of the Republic appoints the Prime Mi nister. He terminates his functions.
On the proposal of the Prime Minister, he appoints the other members of the Government. He
terminates their functions.
Article 12
The President of the Republic presides over the Cou ncil of Ministers.
He may summon [appeler] the Governors of the islands to participate [siéger] without
deliberative voice.
In exceptional cases, the Prime Minister substitute s the President of the Republic at the
presidency of a Council of Ministers under an expre ss delegation and for a specific agenda.
Article 13

The President of the Republic promulgates the laws within the month after their transmission
to the Government by the President of the Federal A ssembly. He has the right to demand of
the Federal Assembly a new deliberation of any law or of certain of its provisions before this
time period expires. This new deliberation cannot b e refused.
If a law has not been promulgated within the period of time specified in the preceding
paragraph, it shall acquire executory force. It is published in the Official Journal at the
initiative of the President of the Federal Assembly .
Article 14
The President of the Republic signs the ordinances, decrees and acts deliberated in the
Council of Ministers.
He convokes the electoral colleges for the election s and the referendums under the conditions
defined by this Constitution and the electoral law.
Article 15
The President of the Republic may, on his initiativ e or, during a Parliamentary session, upon
proposal of the Federal Assembly, submit to referen dum any bill of law concerning the
organization of the public powers or, leading to au thorize the ratification of a treaty or
international agreement which, without contradictin g the Constitution, would have effects
[incidences] on the functioning of the institutions.
The referendum law enters into force on the publica tion of the results of the ballot by the High
Council of the Republic.
Article 16
The President of the Republic assures the execution of the laws. He disposes of the regulatory
power for the exercise of the competences reserved to him by the Constitution.
He is Supreme Chief of the armed forces. He appoint s to civilian and military offices
[emplois].
The Magistrates, Ambassadors and Special Envoys, Su perior Officers, State Inspectors,
Rectors and General Inspectors of National Educatio n, the secretaries-general of the
Presidency of the Republic and of the Government, t he Governor of the Central Bank, and the
General Treasurer [Trésorier Payeur Général] , are appointed by decree taken in the Council
of Ministers.
An organic law determines the other offices left to the power of appointment of the President
of the Republic.
Article 17
The President of the Republic determines and conduc ts the foreign policy of the Republic. He
accredits the ambassadors and the special envoys to foreign powers; the foreign ambassadors
and special envoys are accredited to him.

Article 18
The President of the Republic negotiates and ratifies treaties. Peace treaties, treaties of
commerce, treaties or agreements related to interna tional organizations, those that engage the
State Finances, those concerning the domain that th e Constitution reserves to the law, those
which are relative to the state of persons, may onl y be ratified or approved by virtue of a law.
The Federal Assembly is immediately informed of the conclusion of the other treaties and
international agreements. Upon their publication, t reaties and agreements that are regularly
ratified or approved shall become part of the inter nal juridical order and have an authority
superior to that of the law under reserve that each Agreement or Treaty is applied by the other
party.
Article 19
After written consultation with the Prime Minister and the presidents of the Federal Assembly
and the High Council of the Republic, the President of the Republic can pronounce the
dissolution of the Federal Assembly.
Except in case of force majeure ascertained by the High Council of the Republic, new
elections take place at least thirty days and no la ter than ninety days after the dissolution.
The Federal Assembly meets by right on the second T hursday following its election. If this
meeting takes place outside the time period provide d for ordinary sessions, a session is
opened by right for a period of fifteen days.
A new dissolution may not intervene within twelve m onths following these elections.
Article 20
When the constitutional institutions, the independe nce of the Nation, territorial integrity, or
the execution of international agreements, are thre atened in a gave and immediate manner, or
when the regular functioning of the constitutional institutions is interrupted, the President of
the Republic, following written consultation with t he Prime Minister, the presidents of the
Federal Assembly and the High Council of the Republ ic, takes by decisions, the exceptional
measures required by the circumstances.
Such measures shall be inspired by the wish to assu re that the constitutional institutions have
the means to fulfill their mission, in the shortest possible time. The President informs the
Nation by a message.
The Federal Assembly convenes by right. The Federal Assembly cannot be dissolved during
the exercise of the exceptional powers. It terminat es the exceptional powers by a vote of a
majority of two-thirds of the members which compose it.
Article 21
The President of the Republic confers the decoratio ns of the Republic.
He has the right of pardon.

Article 22
The President of the Republic communicates with the Federal Assembly by means of
messages that do not give rise to a debate.
Article 23
Under reserve of the case specified in articles 11, 16, 19 and 20, the acts of the President of
the Republic are countersigned by the Prime Ministe r and by the Ministers charged with their
execution.
Article 24
The President of the Republic is penally responsibl e in case of treason or crime committed in
the exercise or resulting from the exercise of his functions.
However, the decision to prosecute, [and] the propo sal to charge the President of the
Republic, taken at the initiative of half the deput ies, are voted by a majority of two-thirds of
the members of the Federal Assembly, according to t he procedure provided by the internal
regulations of the said Assembly. Nonetheless, the charge may intervene only three days after
the decision to prosecute has been taken.
The charge is notified, within no more than eight d ays to the Procurator General of [près] the
High Council of the Republic sitting in the capacit y of a High Court of Justice.
This function is assured, should the occasion arise , by the Procurator General of the highest
judicial jurisdiction.
The High Council of the Republic, sitting as the Hi gh Court of Justice rules on the culpability
of the President of the Republic.
If the accused is found culpable, he is dismissed f rom his functions, without prejudice to the
punishments of law incurred.
If the culpability of the accused is not establishe d, the Federal Assembly is dissolved by right.
New elections take place according to conditions an d in the time frame provided by article 19
paragraph 2, above.
CHAPTER II
The Government of the Republic
Article 25
Under the authority of the President of the Republi c, the Government determines and
conducts the internal policy of the Nation.
The Government is responsible before the Federal As sembly, according to the conditions and
following the procedures provided in the following article 28.
It disposes the Federal administration and the arme d force.

Article 26
The Prime Minister directs the action of the Government. He assures the execution of the
laws. Under reserve of the provisions of article 16 , he exercises the regulatory power and
appoints to civil and military offices.
Article 27
The acts of the Prime Minister are countersigned by the other members of the Government
charged with their execution.
The functions of a member of the Government are inc ompatible with the exercise of the
mandate of Deputy of the Federal Assembly, Counselo r of the Island and of Governor, with
any other public or private professional activity, and any directive function in a trade union.
The law determines the statute, the other incompati bilities, if need arises, and the indemnities
of the members of the Government.
Article 28
Members of the Government may be collectively remov ed from office if the Federal
Assembly questions their responsibility by the adop tion of a motion of censure deposited by
at least one-fourth of the deputies and voted by an absolute majority of the members who
comprise the Assembly.
The vote is by public ballot. It cannot take place before three days following the deposit of
this motion.
If the motion of censure is not adopted, the signat ories may not present another during the
same session, except in the case provided in the fo llowing article 29.
Article 29
After deliberation in the Council of Ministers, the Prime Minister may commit the
responsibility of the Government before the Federal Assembly on the vote of a text. In this
case, the text shall be considered adopted unless a motion of censure is deposited within the
twenty-four hours which follow a vote according to provisions defined in article 28. In the
case or [if] those conditions cannot be satisfied b efore the closing of the session of the Federal
Assembly, this [session] is automatically prolonged by a maximum of six days to permit the
discussion and the vote of the motion of censure.
Article 30
The members of the Government are penally responsib le for the crimes and misdemeanors
committed in the exercise or as a result of the exe rcise of their functions.
Prosecutions are initiated before the jurisdictions of common law. Indictment carries the
dismissal of the person in question.

TITLE III
LEGISLATIVE POWER
Article 31
The legislative power is exercised by the Federal Assembly which represents the Comorian
People.
Article 32
The deputies of the Federal Assembly are elected fo r five years by direct suffrage.
The elections take place between the thirtieth and the ninetieth day following the expiration of
the mandate of the Deputies. The elected Assembly i s convoked on the second Thursday
following its election.
The electoral law determines the conditions and ter ms of the election of the deputies as well
as the regime of ineligibilities and incompatibilit ies. It determines also the number of
members of the Federal Assembly, which cannot be sm aller than five per island. In addition,
it specifies the conditions according to which are elected, the persons called to assure, in case
of the vacancy of a seat the replacement of the dep uties, until the general or partial renewal of
the Assembly.
The indemnity of the deputies is determined by law.
Article 33
While a session is in progress, no deputy may be pr osecuted, searched, arrested, detained or
judged without the authorization of the Federal Ass embly, except in the case of flagrant
offence or crime.
No deputy shall be prosecuted, searched, arrested, detained or judged because of his opinions
or votes expressed in the exercise of his functions .
Article 34
The Federal Assembly adopts, by a majority of two-t hirds of its members, its own internal
regulations which determine, among other things, th e composition of its bureau and the
modalities of its elections.
The High Council of the Republic rules [prononcer], before these internal regulations take
effect, on their conformity to the constitution.
The deputies elect the President of the Assembly at the beginning of the legislature and for its
duration.
Article 35
The Federal Assembly convenes, by right, each year in two ordinary sessions.

The first session starts the first Thursday of October and ends the last Thursday of December.
The second session opens the last Thursday of April . Its duration cannot exceed three months.
The Federal Assembly can be convened in extraordina ry session for a specific agenda, either
at the initiative of the Government or at the deman d of the majority of the members which
compose it. Cloture intervenes as soon as the agend a is completed [épuiser], and at most
fifteen days counting from its convention.
The extraordinary session is opened or closed by de cree of the President of the Republic.
Article 36
To be valid, the deliberations of the Federal Assem bly must be approved by the majority of
those members present, without prejudice to the qua lified majorities provided by the
Constitution and the organic laws as well as by the internal regulations.
The right of vote of the deputies is personal. The internal regulations may exceptionally
authorize the delegation of the vote. In this case, no one may receive delegation of more than
one mandate.
Any imperative mandate is null. The plenary meeting s of the Federal Assembly are public.
Article 37
The initiative of laws and the right of amendment b elong concurrently to the Government and
the Federal Assembly.
Bills of law are deliberated in the Council of Mini sters. Proposals of law and amendment by
the Deputies are not receivable when their adoption would cause a diminution of public
resources, either by way of creating or increasing a public expense.
If a proposal or an amendment does not appear to be within the domain of the law or cannot
be received because of the preceding provision, the Government has the authority to oppose
the receivability. In case of disagreement with the Federal Assembly, the High Council of the
Republic at the demand of one or the other, rules w ithin eight days.
In case all the deputies of an island should contes t a legislative provision within fifteen days
of its adoption, this provision shall be the object of a new reading. If after this new reading,
the Federal Assembly adopts it without having recei ved the votes [voix] of the deputies of the
island concerned, the President of the Republic may refuse to promulgate it. In this case, and
by derogation of the provisions of paragraph 2 of a rticle 13 of the present Constitution, the
legislative provision being contested may not be pu blished or put into effect.
Article 38
Upon the demand of the Government or one-fourth of the members of the Federal Assembly,
bills and proposals of law are sent to the committe es expressly designated for this purpose.

Bills and propositions of law for which such an initiative has not been taken, are sent to one of
the permanent committees whose number is determined by the internal regulations of the
Federal Assembly.
Article 39
Matters which are not attributed to the islands by the Constitution, pertain [relèvant] to the
competence of the State.
The law is voted by the Federal Assembly.
The following matters are of the domain of the law:
– the constitutional institutions;
– the modalities of the elections of the President of the Republic and of the deputies;
– the institution and the organization of the juris dictions and the procedure followed before
them;
– the national defense;
– the general regime of communications; the postal [regime] and telecommunications:
– foreign transport and [transport] between the isl ands;
– the creation and dissolution of public establishm ents, of State enterprises and mixed
enterprises in which the State participates;
– the general statute of the magistrates, of the mi litary [officers] and of the civil servants;
– nationality, the state and the capacity of person s, immigration, emigration, the right of
asylum;
– citizenship, the civic rights, the protection and fundamental guarantees granted to citizens
for the exercise of public liberties, the constrain ts imposed in the interest of public safety on
the citizens, on their person or on their property;
– the regulations of the use of information [informatique] in order to guarantee the rights of
the individual and the full exercise of the rights of the citizens;
– the civil law and the civil procedure;
– the crimes and misdemeanors, the penal procedure, the penitentiary regime and amnesty;
– the monetary system, the general principles of th e organization of credit, of bank[s] and of
insurance;
– the public finances, the debt and the treasury;

– the commercial law and the regulations applicable to foreign commerce;
– the right to work, the syndical right and the rig ht to strike;
– the intellectual and artistic property;
– the tax base, rate of interest and modalities of collecting taxes receivable throughout the
Republic;
– the other resources of the State;
– the programs and multi-year projects of economic cultural and social development;
– the accounts of the State and of the public colle ctivities;
– the investments for the common interest;
– the fundamental principles concerning expropriati ons and nationalizations in the interest of
the State or of the public collectivities;
– the national patrimony and the protection of the environment;
– the fundamental principles of the organization of education and the institution of degrees;
the fundamental principles of the organization of t he policy of youth and of sports;
– the fundamental principles of the organization of public health; the legislation on
pharmaceutical products;
– the fundamental principles of the organization of the information;
– the fundamental principles of the organization of the central administration;
– the matters expressly devolving to the law by oth er articles of the Constitution;
The matters other than those enumerated above and u nder reserve of the provisions of article
65 fall within the autonomous regulatory domain.
Article 40
The laws of finance determine the resources and exp enses of the State according to conditions
and with the reservations provided by an organic la w.
If the law of finance has not been voted before Jan uary 1st of the current year, at the latest, the
President of the Republic, one month after the pres entation of the bill, is authorized to collect
taxes and open by decree, in the Council of Ministe rs, provisional credits for three months, on
the basis of the actual revenues and expenses of th e preceding year.
Article 41

The laws on which the Constitution confers the organic character are those concerning the
organization and functioning of the public powers, the fundamental rights and public liberties,
the general electoral regime and all those specifie d in the Constitution.
The organic laws are voted and modified according t o the following conditions:
the bill or proposal is not submitted to the delibe ration and to the vote of the Federal
Assembly until the end of a time limit of fifteen d ays following its presentation;
their adoption, modification or abrogation requires a majority of two-thirds of the members
composing the Federal Assembly, in a final vote on the whole of the text.
The procedure specified in article 29 is not applic able to organic laws.
Organic laws may be promulgated only after the High Council of the Republic declares them
in conformity with the Constitution.
Article 42
The Government may, in order to execute its program , demand of the Federal Assembly
authorization to take, by ordinances, for a limited period of time, measures that are normally
of the domain of the law, except for matters concer ning fundamental rights and public
liberties.
This legislative delegation is conferred through a law of habilitation.
The ordinances are taken in the Council of Minister s following the advice of the High Council
of the Republic. They come into effect upon their p ublication in the Official Journal, but
become lapsed if the bill of law of ratification is not presented to the Federal Assembly before
the date determined by the law of habilitation.
At the expiration of the time period mentioned in t he first paragraph, the ordinances may be
modified by law only. During that time, the Governm ent may oppose the receivability of any
proposal or amendment whose provisions concern thos e matters for which the habilitation has
been given.
Article 43
The agenda of the Federal Assembly includes, by pri ority and in the order determined by the
Government, a discussion of the bills of laws prese nted by the Government and of the
proposals of law accepted by it.
Article 44
The Federal Assembly and its commissions by the int ermediary of their respective presidents,
may at their demand, obtain from the Government, it s departments and all the authorities of
the State, the information they require [souhaiter].
The Federal Assembly and its commissions may requir e [exiger] the presence of a member of
the Government. The members of the Government have access to the sittings of the Federal

Assembly and of its commissions and will be heard when they demand it. They may be
accompanied by technicians to assist them.
The members of the Government will equally be heard upon demand of the deputies, either in
commissions or in plenary.
Article 45
The state of urgency is proclaimed by a decree take n in the Council of Ministers. This decree
specifies [précise] the extent of the territory to which it will be ap plicable. Its prolongation
beyond fifteen days may only be authorized by the F ederal Assembly.
The state of siege or the state of war is proclaime d by the Federal Assembly by the majority
of two-thirds of its members, upon demand of the Go vernment.
The Federal Assembly determines its extent in time and in space, as well as the conditions of
its application.
The Federal Assembly meets by right and may not be dissolved as long as one of the states
specified in this article remains in force.
In the case of the impossibility to convene the Fed eral Assembly according to provisions of
the preceding paragraphs, article 20 of the present Constitution applies.
TITLE IV
JUDICIAL POWER
Article 46
The judicial power is independent of the executive power and of the legislative power.
Justice is rendered throughout the whole territory in the name of ALLAH.
Article 47
The President of the Republic is the guarantor of t he independence of justice. He is assisted
by the Superior Council of the Magistrature of whic h the organization and functioning are
determined by the organic law concerning the statut e of the magistrates.
The Superior Council of the Magistrature is preside d [over] by the President of the Republic.
The Minister of Justice is its Vice-President.
Article 48
The organization, the competences and the functioni ng of the jurisdictions are established by
an organic law which puts into effect, among other things, the following principles:
– the singular nature [unicité] of justice;
– the sitting magistrates are irremovable;

– the hearings of the jurisdictions are public, except in limited cases enumerated by the law;
– no one may be arrested or detained arbitrarily;
– anyone accused is presumed innocent until proven guilty following a procedure which
offered guarantees essential for his defense;
– no one may be prosecuted, searched, arrested, det ained or judged according to a law
retroactive [posterieur] to the act committed;
– any penal jurisdiction of exception is prohibited ;
– there are two levels of jurisdiction.
The judicial power, guardian of the individual free dom assures the respect of these principles.
TITLE V
THE HIGH COUNCIL OF THE REPUBLIC
Article 49
The High Council of the Republic sits in constituti onal matters, in matters of control of the
accounts, in the capacity [qualité] as the High Court of Justice.
It is composed:
– of four members appointed by the President of the Republic;
– of three members elected by the Federal Assembly upon presentation by the President of the
Federal Assembly
– of one member elected by the council of each isla nd, upon presentation by the president of
the council of the island.
The members of the High Council of the Republic are chosen by reason of their honorability,
their juridical, administrative, financial and econ omic expertise [compétence], from among
the magistrates, lawyers, university professors hav ing at least ten years of professional
experience, as well as from among the high function aries having at least fifteen years of
professional experience and from among qualified pe rsons [personalités compétentes].
They are appointed for a seven year renewable manda te.
In case of vacancy or definitive incapacity of a me mber ascertained by the High Council of
the Republic itself, the authority of the nominatio n or of the election proceeds with his or her
replacement within a time period of a month.
Article 50
The capacity [qualité] of member of the High Council of the Republic is i ncompatible with
any other elected mandate, any political function [charge], any private professional activity.

The members of the High Council of the Republic are, moreover, subject to all the particular
[propres] incompatibilities of the magistrates of the courts and tribunals.
Article 51
The President of the High Council of the Republic i s elected by his peers, for the duration of
the mandate as specified in paragraph 4 of article 48 above.
Article 52
The High Council of the Republic sees to the regula rity of the election of the President of the
Republic and of the Deputies to the Federal Assembl y. Within conditions specified by law, it
examines the complaints [réclamations] and proclaims the results.
It sees to the regularity of the operations of the referendum and proclaims the results.
Article 53
The High Council of the Republic, seized by the Pre sident of the Republic, the President of
the Federal Assembly, the Prime Minister, the gover nors of the islands, the presidents of the
councils of the islands, a third of the deputies of the Federal Assembly or the absolute
majority of the council of an island, decides [statuer] in case of disagreement, on the
constitutionality of the laws, the ordinances, trea ties or international agreements and any
normative provision having the force of a law.
The High Council of the Republic is seized, in this case, either before the promulgation of the
laws or contested provisions, or within a time limi t of one month following this promulgation.
It decides within the time limit of a month. Howeve r, upon the demand of the President of the
Republic, if there is urgency, this time limit may be reduced to eight days.
In case of the seizing of the High Council of the R epublic, the law or the contested provisions
may neither be promulgated nor published, as long a s the High Council has not decided.
A provision that has been declared unconstitutional , may neither be promulgated and
published, nor put into effect. The decisions of th e High Council of the Republic are not
susceptible to any recourse.
Article 54
The High Council of the Republic sits equally in th e capacity of an organ of control of the
accounts and of the economic management of the Stat e, the collectivities and the public
establishments.
The High Council of the Republic remits to the Pres ident of the Republic, the Government
and the Federal Assembly, an annual report in which are listed the committed infractions and
indicates the possible [éventuelle] responsibilities.
This report is made public through the diligence of the Federal Assembly.

Article 55
The High Council of the Republic, seized by the Government, gives its opinion about the
constitutionality of bills of law, ordinances as we ll as the proposals of law submitted to it.
The High Council of the Republic may, at its own in itiative, in the form of recommendations,
direct [attirer] the attention of the Federal Assembly and of the G overnment to those reforms
of an economic or social order that appear to it as conforming [to] or contrary to the general
interest or to the interest of one particular islan d.
The High Council of the Republic, sitting in the ca pacity of the High Court of Justice, is
seized according to the provisions of article 24 ab ove.
Article 56
An organic law specifies the rules of the organizat ion and of the functioning of the High
Council of the Republic, the statute of its members , as well as the procedure to be followed
before it.
TITLE VI
COUNCIL OF ULEMAS
Article 57
The Council of Ulemas gives its opinion about the b ills of law, ordinances or decrees as well
as about the proposals of laws submitted to it.
The President of the Republic, the Prime Minister, the President of the Federal Assembly, the
presidents of the councils of the islands or the go vernors of the islands may consult the
Council of the Ulemas about any problem of religiou s nature.
The Council of the Ulemas may, at its own initiativ e, in the form of recommendations, direct
the attention of the Federal Assembly, the Governme nt and the governors to reforms that
appear to it as conforming [to] or contrary to the principles of Islam.
At the demand of the Government, the Council of the Ulemas designates one of its members
to present [exposer] before the commissions of the Federal Assembly, th e opinion of the
Council about the bills or the proposals of law sub mitted to it.
Article 58
The organization and the functioning of the Council of the Ulemas, as well as he statute of its
members is specified by a law.
TITLE VII
INSTITUTIONS OF THE ISLANDS
Article 59

With respect to the unity of the Republic, each island forms an autonomous territorial entity
which administers itself freely and of which the or gans are the governor and the council of the
island.
The State guarantees the autonomy of the islands; i t gives [réaliser] to each of them the
greatest administrative decentralization of the ser vices which depend on them.
The commune is the basic territorial collectivity. The law establishes the list as well as the
conditions and modalities of the election of the mu nicipal councils.
Any other category of public collectivity is create d by the law. These collectivities administer
themselves freely by elected councils and according to conditions provided by law.
No authority may adopt measures which, directly or indirectly, would obstruct the freedom of
circulation or settlement of persons and the free c irculation of goods throughout the national
territory.
CHAPTER I
THE GOVERNOR OF THE ISLAND
Article 60
Each island is placed under the authority of a Gove rnor chosen and appointed by the President
of the Republic from among three persons [personalités] proposed by the Council of the
Island deliberating with the majority of its member s.
The Governor is responsible before the President of the Republic and the Council of the
Island.
The President of the Republic terminates the functi ons of the Governor.
He equally terminates the functions of the Governor , if the Council of the Island questions his
responsibility by adopting a motion of no-confidenc e presented by one-fourth of the members
of the Council of the Island and voted by the major ity of the members composing said
Council.
In case of the vacancy of the office of Governor or of definitive incapacity ascertained by the
High Council of the Republic, seized by the Preside nt of the Republic and ascertained by the
majority of its members, the functions of governor are provisionally exercised by the
President of the Council of the Island.
In any case, his replacement is provided for, in th e form specified in paragraph 1 of the
present article.
The appointment of the new Governor takes place, ex cept in case of force majeure ascertained
by the High Council of the Republic seized by the P resident of the Republic at least twenty
days and no later than forty days after the vacancy begins or upon the declaration of the
definitive character of the incapacity.

The office of Governor is incompatible with the exercise of any other elected mandate, any
public service and all other public or private prof essional activity.
Article 61
The Governor assures the execution of the law in th e island. He assures the regulatory power
in matters reserved to the competence of the island by the Constitution. He manages the
administration of the island, he disposes of the po lice and may demand from the President of
the Republic the intervention of the armed force.
Subject to the statutory provisions applying to the magistrates and to the functionaries, he
appoints the civil employees of the island.
He assures the guardianship [tutelle] of the territorial collectivities of the island.
He is equally the representative of the State in th e island.
Article 62
The President of the Republic, upon determination [proposition motivée] of the Governor of
the island and following the advice of the High Cou ncil of the Republic, can declare the
dissolution of a municipal council.
CHAPTER II
THE COUNCIL OF THE ISLAND
Article 63
The Council of the Island is composed of the mayors of the communes or groups of
communes according to conditions determined by law.
The functions of counselor are without compensation [gratuites] . However, the counselors
may receive, for each session, an indemnity whose a mount is specified each year by the
budget of the island.
Article 64
The Council of the Island convenes in March and Dec ember on the convocation the governor.
The governor may also convene it in extraordinary s ession. It convenes obligatorily at the
demand of the President of the Republic or the majo rity of its members, on a specific agenda.
The duration of the session may not exceed fifteen days.
The Council of the Island elects its president and its bureau. It votes its internal regulations.
Article 65
The Council of the Island administers [règle] through its deliberations the matters attributed
to the competence of the island. It gives its opini on every time it is required by laws or
regulations or [when] demanded by the Government.

The Council of the Island deliberates on the following matters:
– the budget of the island;
– the management of the public domain assigned to t he island by the State;
– the determination of the revenues and tax rates, [its] own resources of the budget of the
island, within the limit of the maximums specified by the law of finance of the State;
– the use of the subsidies granted to the island by the State;
– the acceptance of gifts and inheritances;
– the recourse to loans for the benefit of the isla nd;
– public works of local interest;
– fairs and markets;
– museums, libraries of local interest;
– the protection of buildings and historical monume nts of the island;
– the promotion of local culture, sports and leisur e;
– the promotion of the crafts of the island;
– the management of communal health and hygiene;
– the management of primary education;
– the management of the environment.
The Council of the Island is obligatorily consulted about:
– the codification of customs;
– the preparation and application of multi-year pro grams of economic, cultural and social
development chargeable to the federal budget;
– the concessions of the public domain of the State located in the island;
– the transfer of the private domain of the State l ocated in the island.
The State may transfer or delegate to the islands, through an organic law, its competence in
certain matters, which, by their nature, are suscep tible to such transfer or to such delegation.
The organic law provides in each case, the correspo nding financial means, as well as the
procedure of control which the State reserves [to] itself.

Article 66
The Council determines through deliberations the resources and expenses of its budget. These
resources comprise:
– a portion of the direct and indirect taxes collec ted throughout the whole Republic;
– the foreign resources attributable to the Republi c without assignment to any island;
– the revenues and taxes, [which are the] own resou rces of the island.
The law of finance specifies which rate of the prod uct of the taxes that will be attributed to the
budget of the island.
The law determines the tax base, the rate and the m ethods of collecting all direct or indirect
taxes, duties, and miscellaneous revenues to be col lected throughout the whole territory of the
Republic.
However, the island may create for the benefit of i ts own budget, taxes which are not
specified by the law, without power, in any case, t o effect [opérer] fiscal pre-payments
[prélèvments fiscaux] which, by their nature, constitute an obstacle to t he free circulation of
merchandise and services within the national territ ory.
Foreign public resources may be accepted only by th e State which determines their
assignment. However, the island and the other terri torial collectivities may accept financial
help from foreign moral or physical persons after t hey have informed the Governor. The
budget of an island cannot specify a deficit.
Article 67
The deliberations of the Council of the Island are declared enforceable by the Governor and
are published in the Official Journal through his g ood offices. He also declares the budget of
the island enforceable.
The President of the Republic, the Prime Minister, the Governor, the deputies and the
counselors of the island or any one interested may bring a contestation about the legality of a
deliberation of the Council of the Island before th e Tribunal of First Instance deciding on
administrative matters, within fifteen days of the publication of the contested deliberation.
TITLE VIII
REVISION
Article 68
The initiative to revise the Constitution belongs t o the President of the Republic. However, a
third of the members of the Federal Assembly may br ing a proposal to the President of the
Republic.
The bill or motion must be voted by the Federal Ass embly with a majority of two-thirds of its
members.

Revision is definitive when it has been approved by referendum by a majority of votes
throughout the Republic. The new Constitution takes effect upon proclamation of the results
of the ballot by the High Council of the Republic.
However, the President of the Republic may decide t o promulgate, without submission to
referendum, the bill or proposal that has been adop ted by the deputies and counselors of the
islands convened in congress with a majority of two -thirds of the members which compose
the congress.
No procedure of revision may be engaged which carri es affects to the integrity of the
Republic or to the rights of the person.
The republican and Islamic character of the State c annot be made the object of a revision.
TITLE IX
TRANSITIONAL AND FINAL PROVISIONS
Article 69
The present draft of the Constitution, submitted to popular referendum, will be considered
ratified, if it is approved by a majority of the vo tes cast throughout the whole of the Republic.
The Constitution enters into force upon the publica tion of the results.
Article 70
The President of the Republic currently in office, completes his current mandate according to
the Constitution of June 7, 1992. His duties will c ome to an end only upon proclamation of
the results of the election specified by articles 7 and 8 of the present Constitution.
The legislative measures necessary to the establish ment of the institutions and the functioning
of the public powers, and until the installation of the Federal Assembly, will be taken in the
Council of Ministers through ordinances having the force of law.
Article 71
The attributions devolving to the High Council of t he Republic will be provisionally exercised
by a constitutional commission of seven members app ointed by the President of the Republic.
In any case, the purpose [mission] of this commission comes to an end on the day the F ederal
Assembly is installed.
Article 72
Until the institutions of the island are establishe d and, by derogation of article 60 above, the
governors will be appointed by decree of the Presid ent of the Republic, taken in the Council
of Ministers.
In case of vacancy or incapacity, their replacement will be provided for, according to the same
terms.

During that same transitory period, and until the establishment of local institutions, the
deputies of each island will proceed with the elect ion of one member of the High Council of
the Republic whose appointment will be ratified by decree of the President of the Republic.
The institutions of the Island Maoré (Mayotte) will be established within a time period of no
longer than twelve months, starting from the day wh en the exercise of the sovereignty of the
Federal Islamic Republic of Comoros will be effecti ve on this Comorian island.
Article 73
The present law will be executed as constitution of the Islamic Federal Republic of the
Comoros.
Moroni, October 30, 1996
The President of the Republic
MOHAMED TAKI ABDOULKARIM

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