Legal System of Djibouti

Djibouti is located in Africa. It is geographically situated in eastern africa, bordering the gulf of aden and the red sea, between eritrea and somalia. The country achieved independence on 27 june 1977 (from france). The capital is Djibouti.

Government Overview

Government Type: presidential republic Chief of State: President Ismail Omar GUELLEH (since 8 May 1999) Head of Government: Prime Minister Abdoulkader Kamil MOHAMED (since 1 April 2013) Cabinet: Council of Ministers appointed by the prime minister Administrative Divisions: 6 districts (cercles, singular - cercle); Ali Sabieh, Arta, Dikhil, Djibouti, Obock, Tadjourah National Holiday: Independence Day, 27 June (1977) Suffrage: 18 years of age; universal

Legal System

The legal system of Djibouti is described as mixed system based primarily on the French civil code (as it existed in 1997), Islamic religious law (in matters of family law and successions), and customary law International Law: accepts compulsory ICJ jurisdiction with reservations; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: approved by referendum 4 September 1992 Amendment Process: proposed by the president of the republic or by the National Assembly; Assembly consideration of proposals requires assent of at least one third of the membership; passage requires a simple majority vote by the Assembly and approval by simple majority vote in a referendum; the president can opt to bypass a referendum if adopted by at least two-thirds majority vote of the Assembly; constitutional articles on the sovereignty of Djibouti, its republican form of government, and its pluralist form of democracy cannot be amended

Judicial Branch

Highest Court(s): Supreme Court or Cour Suprême (consists of NA magistrates); Constitutional Council (consists of 6 magistrates) Judge Selection: Supreme Court magistrates appointed by the president with the advice of the Superior Council of the Magistracy (CSM), a 10-member body consisting of 4 judges, 3 members (non-parliamentarians and judges) appointed by the president, and 3 appointed by the National Assembly president or speaker; magistrates appointed for life with retirement at age 65; Constitutional Council magistrate appointments - 2 by the president of the republic, 2 by the president of the National Assembly, and 2 by the CSM; magistrates appointed for 8-year, non-renewable terms Subordinate Courts: High Court of Appeal; Courts of First Instance; customary courts; State Court (replaced sharia courts in 2003)

Legislative Branch

The legislative structure consists of unicameral Note: note: most opposition parties boycotted the 2023 polls, stating the elections were “not free, not transparent, and not democratic”

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: the mother must be a citizen of Djibouti Suffrage: 18 years of age; universal

Historical Background

Present-day Djibouti was the site of the medieval Ifat and Adal Sultanates. In the late 19th century, the Afar sultans signed treaties with the French that allowed the latter to establish the colony of French Somaliland in 1862. The French signed additional treaties with the ethnic Somali in 1885.

This article provides a summary of the legal system and governmental structure of Djibouti based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.