Constitution of the Republic of Mali, 1992
Decree No 92-073 /P-CTSP
CONCERNING PROMULGATION OF THE CONSTITUTION
In Accordance with the Fundamental Act No1/CTSP of 31 March 1991
The National Conference has elaborated,
The Malian People, considering the order [arrêt] No. 002 of 14 February 1992 of the Supreme Court proclaiming the results of the Constitutional Referendum of 12 January 1992, have adopted,
The President of the Committee of Transition for the Welfare [Salut] of the People promulgates the Constitution having the following wording [teneur]:
PREAMBLE
The sovereign people of Mali, strong from their traditions of heroic struggle, committed to remain faithful to the ideals of the victims of repression and the martyrs fallen of the field of honor for the future [avènement] of a state of law and of pluralist democracy,
– affirm their will of preserving and of reinforcing the democratic achievements [acquis] of the Revolution of 26 March 1991,
– commit [themselves] solemnly to defend the republican form and the secularity of the State,
– proclaim their determination to defend the rights of the Women and of the Child as well as the cultural and linguistic diversity of the national community,
– reaffirm their determination to maintain and to consolidate the national unity,
– commit [themselves] to assure the amelioration of the quality of life, the protection of the environment and of the cultural patrimony,
– subscribe to the Universal Declaration of the Rights of Man of 10 December 1948 and to the African Charter of the Rights of Man and of Peoples of June 27, 1981,
– reaffirm their attachment to the realization of African Unity, to the promotion of peace, of regional and international cooperation, to the peaceful regulation [règlement] of the differences between States within respect for justice, of equality, of liberty and of the sovereignty of peoples.
TITLE I
OF THE RIGHTS AND DUTIES OF THE HUMAN PERSON
Article 1
The human person is sacred and inviolable.
Every individual has the right to the life, to the liberty, to the security and to the integrity of his person.
Article 2
All Malians are born and remain free and equal in rights and in duties. Any discrimination founded on social origin, color, language, race, sex, religion and political opinion is prohibited.
Article 3
No one shall be submitted to torture, nor to inhuman, cruel, degrading or humiliating acts [sevices] or treatment.
Every individual, every agent of the State who is found culpable of such acts, either on his own initiative, or on instruction, shall be punished in accordance with the law.
Article 4
Every person has the right to the freedom of thought, of conscience, of religion, of worship, of opinion, of expression and of creation within respect for the law.
Article 5
The State recognizes and guarantees, within the conditions established by the law, the freedom to come and to go, the free choice of residence, the freedom of association, of assembly, of procession and of manifestation.
Article 6
The domicile, the domain, the private and family life, the secrecy of correspondence and of communications are inviolable.
They may only be infringed within the conditions specified by the law.
Article 7
The freedom of the press is recognized and guaranteed.
It is exercised within the conditions established by the law.
The equal access for all to the media of the State is assured by an independent organ of which the status is established by an organic law.
Article 8
The freedom of artistic and cultural creation is recognized and guaranteed.
It is exercised within the conditions established by the law.
Article 9
Punishment is personal.
One may only be prosecuted, arrested, or inculpated by virtue of a law promulgated prior to the acts for which he is reproached.
Every [person] accused is presumed innocent until his culpability is established by the competent jurisdiction.
The right to a defense, and including that of assistance by the advocate of his choice, is guaranteed from the preliminary inquest.
Article 10
Every person made the object of a measure deprivative of liberty has the right to be examined by the doctor of his choice.
One may only be detained for a period greater than forty-eight hours by a substantiated decision of a Magistrate of the judicial order.
One may only be detained in a penal [pénitentiaire] establishment on [a] mandate delivered by a Magistrate of the judicial order.
Article 11
Anything which is not prohibited by the law may not be impeded [empêcher] and no one may be constrained to do that which it does not order.
Article 12
No one may be forced into exile.
Any person persecuted for reason of his political or religious convictions, [or] his ethnic affiliation [appartenance], may benefit from the right of asylum in the
Republic of Mali.
Article 13
The right of property is guaranteed. It can only be expropriated except for cause of public utility and with [contre] a just and prior indemnity.
Article 14
The freedom of enterprise is guaranteed within the framework of the Laws and regulations in force.
Article 15
Every person has the right to a healthy environment. The protection, the defense of the environment and the promotion of the quality of life are a duty for all and for the State.
Article 16
In case of [a] declared national calamity, all the citizens have the duty to participate [d’apporter leur concours] under the conditions provided for by the law.
Article 17
Education, instruction, the development [formation], work, housing, leisure, health, and the social protection constitute the recognized rights.
Article 18
Every citizen has the right to instruction.
Public education is obligatory, gratuitous and secular.
Private education is recognized and is exercised within the conditions defined by the law.
Article 19
The right to work and to rest is recognized and is equal for all.
Work is a duty for every citizen, but no one can be constrained to [do] a specific task [travail déterminé] except in the case of the accomplishment of an exceptional service of general interest, [which is] equal for all within the conditions determined by the law.
Article 20
The syndical freedom is guaranteed. The unions exercise their activities without constraint and without limit other than those provided for by the law.
Article 21
The right to strike is guaranteed. It is exercised within the framework of the laws and regulations in force.
Article 22
The defense of the fatherland is a duty of every citizen.
Article 23
Every citizen must work [oeuvrer] for the common good.
He must fulfill all of his civic obligations and notably pay [s’acquitter] his fiscal contributions.
Article 24
Every citizen, every person living [on] the Malian territory has the duty to respect the Constitution in all circumstances.
TITLE II
OF THE STATE AND OF SOVEREIGNTY
Article 25
Mali is an independent, sovereign, indivisible, democratic, secular and social Republic.
Its principle is government of the People, by the People and for the People.
The institutions of the Republic are:
– the President of the Republic;
– the Government;
– the National Assembly;
– the Supreme Court;
– the Constitutional Court;
– the High Court of Justice;
– the High Council of the Territorial Collectivities;
– the Economic, Social and Cultural Council.
The national emblem is composed of three vertical and equal bands of green, gold and red colors.
The motto of the Republic is “UN PEUPLE – UN BUT – UNE FOI” [One People – One Purpose – One Creed].
The national hymn is “LE MALI”.
The law determines the seal and the coat-of-arms of the Republic.
French is the official language of expression.
The law establishes the modalities of the promotion and of the official [status] of the national languages.
Article 26
National sovereignty belongs to the totality [of the] people who exercise it by their representatives or by way [voie] of referendum.
No fraction of the people nor any individual can arrogate its exercise.
Article 27
Suffrage is universal, equal and secret.
All the citizens of voting age, enjoying their civic and political rights, are electors, within the conditions determined by the law.
Article 28
The parties concur in the expression of suffrage. They form themselves and exercise their activities freely within the conditions determined by the law.
They must respect the principles of national sovereignty, of democracy, of the territorial integrity, of the national unity and of the secularity of the State.
TITLE III
OF THE PRESIDENT OF THE REPUBLIC
Article 29
The President of the Republic is the Head of State.
He is the guardian of the Constitution. He incarnates the national unity. He is the guarantor of national independence, of the integrity of the territory, [and] of respect for the International Treaties and Agreements. He sees to the regular functioning of the public powers and assures the continuity of the State.
Article 30
The President of the Republic is elected for five years by direct universal suffrage and by majority ballot in two rounds.
He is only re-eligible one sole time.
Article 31
Any candidate to the functions of President of the Republic must be of Malian nationality of origin and in enjoyment of all their civic and political rights.
Article 32
The presidential elections are established twenty-one days at least and forty days at most before the expiration of the mandate of the President in office [exercice].
Article 33
The law determines the procedure, the conditions of eligibility and of presentation of the candidatures for the presidential elections, of the conduct of the ballot, of the count [déroulement] and of the proclamation of the results. It provides for all the regulations required so that the elections may be free and regular.
The President of the Republic is elected with the absolute majority of the suffrage expressed. If this is not obtained on the first round of the ballot, it proceeds to a second round, the second Sunday following. This second round is open only to the two candidates who have received [réuni] the greatest number of votes [suffrages].
If one of the candidates withdraws, the ballot remains open to the candidate coming next [après] in order of the suffrage expressed.
If within the seven days preceding the date limit of the deposit of the presentations of the candidatures, one of the persons having, less than thirty days before that date, publicly announced his decision to be a candidate, dies or is found incapacitated, the Constitutional Court can decide on postponement [report] of the election.
If before the first round, one of the candidates dies or is found incapacitated, the Constitutional Court can decide the postponement of the election.
In case of death or incapacity of one of the two most-favored candidates at the first round before any eventual withdrawals, or of one of the two candidates still available [restés en présence] following these withdrawals, the Constitutional Court can decide on the repetition of the entire electoral operations.
The convocation of the electors is made by decree taken in the Council of Ministers.
The Constitutional Court controls the regularity of these operations, decides on any disputes, and proclaims the results of the ballot.
Article 34
The functions of President of the Republic are incompatible with the exercise of any other political function, of any other electoral mandate, of any public office [emploi], [and] of any other professional and lucrative activity.
Article 35
During his mandate, the President of the Republic cannot, by himself, or by another, buy or take in bailment anything which belongs to the domain of the State, without prior authorization of the Supreme Court within the conditions established by the law.
He cannot take part either by himself or by another in any public and private market for the administrations or institutions relevant to the State or submitted to its control.
Article 36
When the President of the Republic is incapacitated in a temporary fashion from fulfilling his functions, his powers are provisionally exercised by the Prime Minister.
In the case of vacancy of the Presidency of the Republic for any cause that may be of absolute or definitive incapacity declared by the Constitutional Court referred to [the matter] by the President of the National Assembly and the Prime Minister, the functions of the President of the Republic are exercised by the President of the National Assembly.
It proceeds to the election of a new President for a new period of five years.
The election of the new President takes place twenty-one days at least and forty days at most after the official declaration of the vacancy or of the definitive character of the incapacity.
In all cases of incapacity or of vacancy, application may not be made of
Articles 38, 41, 42 and 50 of this Constitution.
Article 37
The President elected enters into [his] functions fifteen days after the official proclamation of the results. Before entering into [his] functions he takes before the Supreme Court the following oath:
“I SWEAR BEFORE GOD AND THE MALIAN PEOPLE TO PRESERVE IN ALL FAITHFULNESS THE REPUBLICAN REGIME, TO RESPECT AND TO SEE THAT THE CONSTITUTION AND THE LAW ARE RESPECTED, TO FULFILL MY FUNCTIONS WITH THE SUPERIOR INTEREST OF THE PEOPLE, TO PRESERVE THE DEMOCRATIC ACHIEVEMENTS, TO GUARANTEE THE NATIONAL UNITY, THE INDEPENDENCE OF THE FATHERLAND AND THE INTEGRITY OF THE NATIONAL TERRITORY.
I COMMIT MYSELF SOLEMNLY AND ON [MY] HONOR TO IMPLEMENT ALL [THINGS] FOR THE REALIZATION OF AFRICAN UNITY.”
After the ceremony of investiture and within a time of 48 hours, the President of the Supreme Court receives publicly the written declaration of the assets of the President of the Republic.
This declaration is made the object of an annual review [mise à jour].
Article 38
The President of the Republic appoints the Prime Minister. He terminates his functions on presentation by him of the resignation of the Government.
On proposal of the Prime Minister, he appoints the other members of the Government and terminates their functions.
Article 39
The President of the Republic presides over the Council of Ministers. The Prime Minister substitutes him within the conditions established by this Constitution.
Article 40
The President of the Republic promulgates the laws within the fifteen days which follow the transmission to the Government of the text definitively adopted.
He can, before the expiration of this time, demand of the National Assembly a new deliberation of the law or of certain of its articles.
This new deliberation cannot be refused and suspends the time of promulgation.
In case of urgency, the time of promulgation can be reduced to eight days.
Article 41
The President of the Republic, on proposal of the Government or on proposal of the National Assembly during the time of the sessions, after the opinion of the Constitutional Court published in the Journal Officiel, can submit to referendum any question of national interest, any Bill of law concerning the organization of the public powers, concerning approval of a agreement of Union, or tending to authorize the ratification of a treaty that, without being contrary to the Constitution, could have effects [incidences] on the functioning of the Institutions.
When the Referendum has concluded with the adoption of the Bill, the President of the Republic promulgates it within the time specified in Article 40.
Article 42
The President of the Republic can, after consultation of the Prime Minister and of the President of the National Assembly, pronounce the dissolution of the National Assembly.
The general elections take place twenty-one days at least and forty days at most, after the dissolution.
The National Assembly may not be dissolved in the year which follows these elections.
Article 43
The President of the Republic communicates with the National Assembly and the High Council of the Collectivities by the messages which he has read by the President of the National Assembly or by that of the High Council of the Collectivities. Out of session, the National Assembly or the High Council of the Collectivities meet specially to that effect.
Article 44
The President of the Republic is the Supreme Head of the Armies. He presides over the Superior Council and the Committee of Defense of the National Defense [Comité de Défense de la Défense Nationale].
Article 45
The President of the Republic is the President of the Superior Council of the Magistrature. He exercises the right of pardon. He proposes the laws of amnesty.
Article 46
The President of the Republic signs the Ordinances and the decrees taken in the Council of Ministers.
He appoints to the superior civil servants and military offices [emplois] determined by the law.
The Grand Chancellor of the National Orders, the General Officers, the Ambassadors and the Extraordinary Envoys, the Governors of the Regions, and the Directors of the Central Administrations are appointed by decree taken in the Council of Ministers.
Article 47
The Members of the Supreme Court are appointed by decree taken in the Council of Ministers.
Article 48
The President of the Republic accredits the Ambassadors and the Extraordinary Envoys to the foreign powers.
The Foreign Ambassadors and Extraordinary Envoys are accredited to him.
Article 49
The President of the Republic decrees, after deliberation in the Council of Ministers, the state of siege and the state of urgency.
Article 50
When the Institutions of the Republic, the independence of the Nation, the integrity of national territory, [or] the execution of its international engagements are menaced in a grave and immediate manner and [when] the regular functioning of the constitutional public powers are interrupted, the President of the Republic takes the exceptional measures required by these circumstances, after consultation of the Prime Minister, of the Presidents of the National Assembly and of the High Council of the Collectivities as well as of the Constitutional Court.
He informs the Nation of it by a message.
The application of these exceptional powers by the President of the Republic must not in any case compromise the national sovereignty or the territorial integrity.
The exceptional powers must aim to assure the continuity of the State and the reestablishment within the briefest time of the regular functioning of institutions in accordance with the Constitution.
The National Assembly meets of plain right and may not be dissolved during the exercise of the exceptional powers.
Article 51
The President of the Republic can delegate certain of his powers to the Prime Minister.
The acts of the President of the Republic other than those specified in Articles 38, 41, 42, 45 and 50 as well as the first paragraph of this article are countersigned by the Prime Minister and, the case arising, by the Ministers concerned.
Article 52
The law establishes the benefits accorded to the President of the Republic and organizes the modalities of granting of a pension to the former Presidents of the Republic enjoying their civic rights.
TITLE IV
OF THE GOVERNMENT
Article 53
The Government determines and conducts the policy of the Nation and exercises [dispose] the Administration of the armed force.
Article 54
The Government is responsible before the National Assembly within the conditions and following the procedures specified in Articles 78 and 79.
Article 55
The Prime Minister is the Head of the Government; on this basis [titre], he directs and coordinates the action of the Government.
He assures the execution of the laws. Under reserve of the provisions of Article
46, he exercises the regulatory power. He is responsible for the execution of the policy of national defense.
He may delegate certain of his powers to the Ministers.
He substitutes, the case arising, the President of the Republic in the Presidency of the Council and the Committee specified in Article 44.
He substitutes him in the Presidency of the Council of Ministers, by virtue of an express delegation and for a specific [déterminé] agenda.
Article 56
The acts of the Prime Minister are countersigned, the case arising, by the Ministers charged with their execution.
Article 57
Before entering into [their] functions the Prime Minister and the Ministers must remit to the President of the Supreme Court a written declaration of their assets.
This declaration is made the object of an annual review.
The provisions of Article 35 above are applicable to the members of the Government.
Article 58
The functions of member of the Government are incompatible with the exercise of any parliamentary mandate, of any function of professional representation at the national or local level [échelle], of any public office or of any professional and lucrative activity.
Government takes place in accordance with the provisions of Article 63.
TITLE V
OF THE NATIONAL ASSEMBLY
Article 59
The Parliament consists of a single chamber named [the] National Assembly.
Article 60
The members of the National Assembly have [portent] the title of Deputies.
Article 61
The Deputies are elected for five years by universal direct suffrage. A law establishes the modalities of this election.
Article 62
The Deputies benefit from parliamentary immunity.
No member of the National Assembly may be prosecuted, investigated, arrested, detained, or judged as a result of the opinions or votes emitted by him in the exercise of his functions.
A member of the National Assembly can only, during the time of the sessions, be prosecuted or arrested in [a] criminal or correctional matter with the authorization of the National Assembly, except in the case of a flagrant offense.
A member of the National Assembly may only, out of session, be arrested with the authorization of the Bureau of the National Assembly, except in the case of a flagrant offense, of authorized prosecutions or of definitive condemnation.
The detention or the prosecution of a member of the National Assembly is suspended if the National Assembly requires it.
Article 63
An organic law establishes the number of the members of the National Assembly, their indemnities, the conditions of eligibility, and the regime of ineligibilities and of incompatibilities.
The organic law determines as well the conditions within which the persons are elected, who are appointed to assure, in case of the vacancy of a seat, the replacement of the Deputies until the renewal of the National Assembly.
Article 64
Any imperative mandate is null.
The right to vote of the members of the National Assembly is personal.
The organic law can authorize exceptionally the delegation of the vote. In this case, no one can receive the delegation of more than one mandate.
Article 65
The National Assembly meets of plain right in two ordinary sessions per year.
The first session is opened the first Monday of the month of October.
It may not exceed 75 days.
The second session is opened the first Monday of the month of April and may not exceed a duration of ninety days.
Article 66
The National Assembly meets in extraordinary session at the demand of the Prime Minister or of the majority of its members on a specific agenda.
When the extraordinary session is held at the demand of the members of the National Assembly, the decree of cloture intervenes when the National Assembly has exhausted the agenda for which it was convoked, and at the latest fifteen days counting from its date of meeting.
The Prime Minister can demand a new session before the expiration of the month following the decree of cloture and on a specific agenda.
Article 67
Other than the cases in which the National Assembly meets of plain right, the extraordinary sessions are opened and closed by decree of the President of the Republic.
Article 68
The National Assembly establishes its internal regulations. The President of the National Assembly is elected for the duration of the legislature.
Article 69
The sittings of the National Assembly are public. However, it may [meet] in closed sittings on its own initiative or at the demand of the Prime Minister. The internal regulations establish the modalities of it. The complete record of the debates in the public sittings is published in the Journal Officiel.
TITLE VI
OF THE RELATIONS BETWEEN THE GOVERNMENT AND THE NATIONAL ASSEMBLY
Article 70
The law is voted by the National Assembly with a simple majority.
Nevertheless, the laws to which this Constitution confers the character of organic law are voted under the following conditions:
– the proposal or Bill is only submitted to the deliberation and to the vote of the National Assembly after the expiration of a time of fifteen days after its deposit with the Bureau of the National Assembly;
– the text may only be adopted with the absolute majority of the members composing the National Assembly. The organic laws may only be promulgated after declaration by the Constitutional Court of their conformity with the Constitution.
The law establishes the rules concerning:
– the civic rights and the fundamental guarantees accorded to the citizens for the exercise of the public freedoms, [and] the obligations imposed by the National Defense on the citizens on their persons and on their assets;
– nationality, the civil rights, the estate and the capacity of persons, the matrimonial regimes, inheritance and gifts, the regime of property, of real rights and of civil and commercial obligations, the regime of companies [sociétés], and expropriation;
– the crimes and misdemeanors as well as the penalties which are applicable to them, the criminal procedure, the judicial police, extradition, amnesty, the creation of jurisdictions, the status of the Ministerial Officers, [and] the status of the Juridical and Judiciary Professions;
– the general status of the functionaries;
– the general status of the personnel of the Armed Forces and [Forces] of Security;
– the regime of emission of money, [and] the basis, the rate and the modalities of collection of taxes.
The law determines equally the fundamental principles:
– of the general organization of the defense and of security;
– of the right to work, of Social Security, [and] of the syndical right;
– of the organization and the competence of the professional orders;
– of education and of research;
– of the protection of the cultural and archeological patrimony;
– of public accounting;
– of the creation, of the organization and of the control of the public services and organs;
– of the nationalizations of enterprises, of privatizations [dénationalisations] and of the transfer of property of enterprises of the public sector to the private sector;
– of the electoral regime;
– of the free administration of the local collectivities, of their competence and of their resources;
– of the administrative organization of the territory;
– of the management and the alienation of the domain of the State;
– of the organization of production;
– of the organization of justice;
– of the penitentiary regime.
The Law of Finance determines the resources and the charges of the State.
The Plan is adopted by the National Assembly. It establishes the objectives of the economic and social action of the State.
Article 71
The declaration of war is authorized by the National Assembly meeting especially to this effect.
The President of the Republic informs the Nation of it by a message.
Article 72
The state of urgency and the state of siege are decreed in the Council of Ministers.
Their prolongation for more than ten days can only be authorized by the National Assembly.
A law determines the conditions of it.
Article 73
Matters other than those which are of the domain of the law have a regulatory character.
The texts of legislative form intervening in these matters prior to the entry into force of this Constitution can be modified by decree after the opinion of the Supreme Court.
Those of such texts which intervene after the entry into force of this Constitution can only be modified by decree if the Constitutional Court has declared that they are of a regulatory character by virtue of the preceding paragraph.
The laws and regulations must be published in the Journal Officiel.
Article 74
The Government can for the execution of its program or in the domains determined by the law, demand of the Parliament the authorization to take by Ordinances, during a limited time or between the two sessions, the measures which are normally of the domain of the law.
The Ordinances are taken in the Council of Ministers after the opinion of the Supreme Court. They enter into force from their adoption, but lapse if the Bill of law of ratification is not deposited with the National Assembly before the date established by the enabling law [loi d’habilitation]. On the expiration of the time mentioned in the first paragraph of this Article, the Ordinances can only be modified by the law in the matters which are of the legislative domain.
Article 75
The initiative of laws belongs concurrently to the Government and to the members of the National Assembly.
The Bills of law are deliberated in the Council of Ministers after the opinion of the Supreme Court and deposited with the Bureau of the National Assembly.
Article 76
The members of the National Assembly and of the Government have the right of amendment.
After the opening of the debate, the Government can oppose the examination of any amendment which was not submitted to it previously.
Article 77
The National Assembly is referred to [the matter] of the Bill of the Law of Finance on the opening of the ordinary session preceding the budgetary period. 
The Bill of the Law of Finance must provide for the receipts necessary for the complete covering of the expenses.
If the National Assembly has not decided before the opening of the budgetary period or if it has not voted the budget, the Government remits the Bill of the budget within fifteen days to the National Assembly convoked to this effect in extraordinary session.
The National Assembly must then decide within eight days. If this deliberation has not led [abouti] to the vote on the budget, it is then established, of office, by the Government on the basis of the receipts of the preceding fiscal year [exercise] and after the opinion of the Supreme Court.
Article 78
The Prime Minister, after deliberation of the Council of Ministers, engages [engage] before the Assembly the responsibility of the Government on his program or eventually on a declaration of general policy.
The National Assembly engages [place en cause] the responsibility of the Government by the vote of a motion of censure. Such a motion is only receivable if it is signed by one-tenth at least of the members of the National Assembly. The vote may only take place forty-eight hours after its deposit. Only the votes favorable to the motion of censure are counted, which may only be adopted with the majority of two-thirds of the members composing the Assembly. If the motion of censure is rejected, the signatories may not propose a new one in the course of the same session.
The Prime Minister can, after deliberation of the Council of Ministers, engage the responsibility of the Government before the National Assembly on the vote of a text. In this case, this text is considered as adopted, except if a motion of censure, deposited within the twenty-four hours which follow, is voted.
Article 79
When the National Assembly adopts a motion of censure or when it disapproves of the program or a declaration of general policy of the Government, the Prime Minister must remit to the President of the Republic the resignation of the Government.
Article 80
The cloture of the ordinary or extraordinary sessions is, of right, delayed to permit, the case arising, the application of the provisions of Article 78.
TITLE VII
OF THE JUDICIAL POWER
Article 81
The judicial power is independent of the executive and legislative powers. It is exercised by the Supreme Court and the other Courts and Tribunals.
The judicial power is the guardian of the freedoms defined by this Constitution.
It sees to respect for the rights and freedoms defined by this Constitution.
It is charged to apply, in the domain which is proper to it, the laws of the Republic.
Article 82
The Magistrates are submitted only, in the exercise of their functions, to the authority of the law.
The presiding Magistrates are not removable.
The President of the Republic is the guarantor of the independence of the judicial power.
He is assisted by the Superior Council of the Magistrature.
The Superior Council of the Magistrature sees to the management of the career of the Magistrates and gives its opinion on any question concerning the independence of the Magistrature.
The Superior Council of the Magistrature decides as a Council of Discipline concerning the Magistrates.
An organic law establishes the organization, the composition, the attributions and the functioning of the Superior Council of the Magistrature.
The law establishes equally the status of the Magistrature within respect for the principles contained in this Constitution.
TITLE VIII
OF THE SUPREME COURT
Article 83
The Supreme Court consists of:
– a Judicial section;
– an Administrative section;
– a section of Accounts.
An organic law establishes its organization, the rules of its functioning as well as the procedure to be followed before it.
Article 84
The Supreme Court is presided over by a Magistrate of the judicial order appointed by the President of the Republic on a conforming proposal of the Superior Council of the Magistrature.
The President of the Supreme Court is assisted by a Vice President appointed within the same conditions.
TITLE IX
Of THE CONSTITUTIONAL COURT
Article 85
The Constitutional Court is the judge of the constitutionality of the laws and it guarantees the fundamental rights of the human person and the public freedoms.
It is the regulatory organ of the functioning of the institutions and of the activity of the Public Powers.
Article 86
The Constitutional Court decides obligatorily on:
– the constitutionality of the organic laws and of the laws before their promulgation;
– the internal regulations of the National Assembly, of the High Council of the Collectivities and of the Economic, Social and Cultural Council before their entry into application as to their conformity with the Constitution;
– the conflicts of attribution between the institutions of the State;
– the regularity of the presidential elections, legislative elections and the operations of the referendum of which it proclaims the results.
Article 87
The Constitutional Court is referred to [the matter], in the case of conflict concerning the validity of an election, by any candidate, any political party or the delegate of the Government, within the conditions specified by an organic law.
Article 88
The organic laws are submitted by the Prime Minister to the Constitutional Court before their promulgation.
The other categories of law, before their promulgation, can be deferred to the Constitutional Court either by the President of the Republic, or by the Prime Minister, or by the President of the National Assembly or by one-tenth of the Deputies, or by the President of the High Council of the Collectivities or by one-tenth of the National Councilors, or by the President of the Supreme Court.
Article 89
The Constitutional Court decides within a time of one month according to a procedure of which the modalities are established by an organic law.
However, at the demand of the Government and in case of urgency, this period is reduced to eight days.
The recourse suspends the time of promulgation of the law.
A provision declared unconstitutional cannot be promulgated or applied.
Article 90
The international engagements specified in Articles 114 to 116 must be deferred before their ratification to the Constitutional Court, either by the President of the Republic, or by the Prime Minister, or by the President of the National
Assembly or by one-tenth of the Deputies, or by the President of the High Council of the Collectivities or by one-tenth of the National Councilors.
The Constitutional Court verifies, within a time of one month, if these engagements contain a clause contrary to the Constitution.
However, on the demand of the Government, if there is an urgency, this time is reduced to eight days.
In the affirmative, these engagements cannot be ratified.
Article 91
The Constitutional Court consists of nine members who have the title of Councilors, with a mandate of seven years renewable one time.
The nine members of the Constitutional Court are designated as follows:
– three appointed by the President of the Republic of which at least two are jurists;
– three appointed by the President of the National Assembly of which at least two are jurists;
– three Magistrates designated by the Superior Council of the Magistrature.
The Councilors are chosen [on the] principle basis [titre] from among the Professors of Law, the Advocates and the Magistrates having at last fifteen years of activity, as well as [from among] qualified notable persons [personnalités] who have honored service to the State.
Article 92
The President of the Constitutional Court is elected by his peers.
In case of temporary incapacity, his interim is assured by the oldest Councilor.
In case of death or of resignation of a member, the new member appointed by the authority of nomination concerned completes the mandate commenced.
Article 93
The functions of member of the Constitutional Court are incompatible with any public, political or administrative function or any private or professional activity.
The members of the Constitutional Court take an oath in the course of a solemn ceremony presided over by the President of the Republic before the
National Assembly and the Supreme Court, meeting together.
They take the following oath:
“I SWEAR TO CONSCIENTIOUSLY FULFILL THE DUTIES OF MY CHARGE, WITH STRICT RESPECT FOR THE OBLIGATIONS OF NEUTRALITY AND OF RESERVE, AND TO CONDUCT MYSELF AS A DIGNIFIED AND LOYAL MAGISTRATE.”
Article 94
The decisions of the Constitutional Court are not susceptible to any recourse.
They impose themselves on the public powers, on all the administrative and jurisdictional authorities and on all physical and moral persons.
The rules of organization and of functioning of the Constitutional Court, as well as the procedure to be followed before it, are determined by an organic law.
TITLE X
OF THE HIGH COURT OF JUSTICE
Article 95
The High Court of Justice is competent to judge the President of the Republic and the Ministers placed in accusation before it by the National Assembly for high treason or on the basis of acts qualified as crimes or misdemeanors committed in the exercise of their functions, as well as their accomplices in the case of conspiracy against the security of the State.
The placing in accusation is voted by public ballot with the majority of two-thirds of the Deputies composing the National Assembly.
The High Court of Justice is bound [liée] by the definition of the crimes and misdemeanors and by the determination of penalties resulting from the penal laws in force at the time [époque] of the acts included in the prosecution.
Article 96
The High Court of Justice is composed of members designated by the National Assembly at each general renewal. It elects its President from among its members.
The law establishes the number of its members, the rules of its functioning as well as the procedure to be followed before it.
TITLE XI
OF THE TERRITORIAL COLLECTIVITIES
Article 97
The territorial collectivities are created and administered within the conditions defined by the law.
Article 98
The collectivities administer themselves freely by [their] elected Councils and within the conditions established by the law.
TITLE XII
OF THE HIGH COUNCIL OF THE COLLECTIVITIES
Article 99
The High Council of the Collectivities has for its mission the studying of, and the giving of its substantiated [motivé] advice, concerning all policies of local and regional development.
It can make proposals to the Government on any question concerning the protection of the environment and the amelioration of the quality of life of the citizens within [à l’intérieur] the collectivities.
The Government is held to deposit a conforming Bill of law within the fifteen days of its referral to [the matter] with the Bureau of the National Assembly.
The Government is held to refer the High Council of the Collectivities to the matter for its opinion for all actions concerning the domains cited in this
Article.
Article 100
The High Council of the Collectivities has its seat in BAMAKO; it can be transferred to any other place in case of need.
The High Council of the Collectivities cannot be dissolved.
Article 101
The members of the High Council of the Collectivities have the title of National Councilors.
No member of the High Council of the Collectivities may be prosecuted, investigated or judged for the opinions emitted by him in the sittings of the High Council.
An organic law establishes the number of National Councilors, their indemnities, the conditions of eligibility, the regime of ineligibilities and of incompatibilities as well as the conditions of their replacement.
The mandate of Deputy is incompatible with that of National Councilor.
Article 102
The National Councilors are elected for five years by indirect suffrage.
They assure the representation of the territorial collectivities of the Republic.
The Malians resident [établi] abroad are represented in the High Council of the Collectivities.
Article 103
The High Council of the Collectivities meets of plain right in ordinary session two times per year on convocation of its President.
The duration of each session cannot exceed thirty days.
Its sittings are public. The complete record of its debates are published in the Journal Officiel.
Article 104
The President of the High Council of the Collectivities is elected for five years.
Article 105
The National Assembly and the High Council of the Collectivities can sit in limited committee [comité restreint] at the demand of the Prime Minister. The President of the National Assembly and the President of the High Council of the Collectivities can call for a joint [commune] session of the Deputies and of the National Councilors.
The agenda of this session must concern [porter] a local and regional problem of national interest.
The duration of this session cannot exceed fifteen days.
TITLE XIII
OF THE ECONOMIC, SOCIAL AND CULTURAL COUNCIL
Article 106
The Economic, Social and Cultural Council has competence in all the aspects of economic, social and cultural development.
It participates in any commission of national interest of economic, social and cultural character.
Article 107
The Economic, Social and Cultural Council collects, [and] compiles with the participation of the different entities which compose it, [for] the attention of the
President of the Republic, the Government and the National Assembly, the yearly summary forecast [recueil des attentes] of the needs and of the problems of the civil society with directives and proposals.
Article 108
The Economic, Social and Cultural Council is obligatorily consulted on any Bill of Law of Finance, any economic, social or cultural Bill of a plan or of a program as well as on all legislative provisions of a fiscal, economic, social and cultural character.
Article 109
The Economic, Social and Cultural Council may designate one of its members, on the demand of the President of the Republic, of the Government, or of the National Assembly, to present [exposer] before these organs the opinion of the Council on the Bills or proposals which have been submitted to it.
The Government and the National Assembly have the obligation, when they are referred to [a matter], of giving a response [suite] to the opinions and reports formulated by the Economic, Social and Cultural Council within a maximum time of three months for the Government and before the end of the session in course for the National Assembly.
It receives a copy of the laws, ordinances and decrees on their promulgation. It monitors [suit] the execution of the decisions of the Government concerning the economic, social and cultural organization.
Article 110
The following are members of the Economic, Social and Cultural Council:
– the representatives of the unions, of the associations, and of the socioprofessional groups elected by their associations or groups of origin;
– the representatives of the collectivities designated by their peers;
– the representatives of the Malians resident broad.
The superior orders [cadres] of the State within the economic, social and cultural domain are associate members.
Article 111
The Economic, Social and Cultural Council meets each year of plain right in two ordinary sessions of fifteen days each on convocation of its President.
The sittings of the Economic, Social and Cultural Council are public.
Article 112
The President and the Vice President of the Economic, Social and Cultural Council are elected from within the Council by their peers when the first session is opened, for a mandate of five years.
No member of the Economic, Social and Cultural Council may be prosecuted, investigated, or judged for the opinions emitted by him in the sittings of the Council.
Article 113
The internal organization, and the rules of functioning and of designation of the members of the Economic, Social and Cultural Council are established by the law.
TITLE XIV
OF THE TREATIES AND INTERNATIONAL AGREEMENTS
Article 114
The President of the Republic negotiates and ratifies the treaties. He is informed of any negotiations tending to the conclusion of an international agreement not submitted to ratification.
Article 115
The peace treaties, commercial [treaties], the treaties or agreements concerning international organizations, those which engage the finances of the State, those concerning the status of persons, and those which involve cession, exchange or addition of territory, can only be approved or ratified by virtue of the law.
They only take effect after having been approved or ratified. No cession, no exchange, or no addition of territory is valid without the consent of the people.
Article 116
The treaties or agreements regularly ratified or approved have, on their publication, an authority superior to that of the laws, under reserve for each treaty or agreement of its application by the other party.
TITLE XV
OF AFRICAN UNITY
Article 117
The Republic of Mali can conclude with any African State agreements of association or of community involving the partial or total abandonment of sovereignty with the view of realizing African unity.
TITLE XVI
OF REVISION
Article 118
The initiative of the revision of the Constitution belongs concurrently to the President of the Republic and to the Deputies.
The Bill or proposal of revision must be voted by the National Assembly with a majority of two-thirds of its members. The revision is only definitive after having been approved by referendum.
No procedure of revision can be initiated or pursued when it infringes the integrity of the territory.
The republican form and the secularity of the State as well as the [regime of] plural-parties [multipartisme] cannot be the object of revision.
TITLE XVII
OF FINAL PROVISIONS
Article 119
The legislation in force remains valid insofar as it is not contrary to this Constitution and it is not the object of an express abrogation.
Article 120
This Constitution will be submitted to referendum. In [the] case where it should receive the majority of the suffrage expressed, the President of the Committee of Transition for the Welfare of the People will proceed to the promulgation within the conditions established by this Constitution.
Article 121
The basis of all power in the Republic of Mali resides within the Constitution.
The republican form of the State cannot be placed in question. The people have the right to civil disobedience for the preservation of the republican form of the State.
Any coup d’état or putsch is an imprescriptible crime against the Malian People.
TITLE XVIII
OF THE TRANSITORY PROVISIONS
Article 122
Until the establishment [mis en place] of the institutions, the Committee of Transition for the Welfare of the People and the Government shall take the measures necessary for the functioning of the public powers, for the life of the Nation, for the protection of the citizens and for the safeguarding of the freedoms.
Done At Bamako, on 25 February 1992
The President of the Committee of Transition for the Welfare of the People,
Chief of State
Lt-Colonel Amadou Toumani Touré