Comoros's Constitution of 2001

Country/entity
Comoros
Anjouan
Region
Africa (excl MENA)
Agreement name
Comoros's Constitution of 2001
Date
23/12/2001
Agreement status
Multiparty signed/agreed
Agreement/conflict level
Intrastate/intrastate conflict (Anjouan Crisis (1997 - 2008)
The two islands of Anjouan and Mohéli seceded from the Comoros in 1997, with Anjouan unilaterally declaring independence. In the aftermath of this declaration, political infighting emerged and several coup attempts in Anjouan took place. In 2001, a junta led my Mohamed Bacar was able to consolidate power and he began negotiations with the Comoros. These negotiations resulted in the establishment of a renewed Union of the Comoros with a peace agreement constitution. After the end of his formal term, Bacar launched another coup against his successor, declaring independence again in July 2007. In February 2008, the Comoros army, supported by France and members of the African Union, invaded the island and forced Bacar to leave and the declaration of independence to be withdrawn.


Anjouan Crisis (1997 - 2008) )
Stage
Framework/substantive - comprehensive (Constitution)
Conflict nature
Government/territory
Peace process
18: Comoros-Anjouan islands peace process
Parties
The Government of Comoros
Third parties
Description
This constitution provides for the institutional organisations of the New Comorian Union as defined in the General Agreement on National Reconciliation (17 February 2001). It provides specially the following institutions and their relationship: I. The Union of the Comoros; II. The Respective Competencies of the Union and the Islands; III. The Institutions of the Union (the Executive Power, the Legislative Power, the Judicial Power); IV. The Constitutional Court; V. The Revision of the Constitution; VI. Transitional Provisions.


Agreement document
KM_011223_Constitution of Comoros.pdf

Main category
Page 1, Preamble:
...
To mark their attachment to the principles and fundamental rights defined by the Charter of the United Nations, the Charter of the Organization of African Unity, the Charter of the Arab League of Nations, the Universal Declaration of Human Rights of the United Nations and the African Charter on Human and Peoples’ Rights, as well as international conventions, notably those relating to the rights of children and women.
...
Proclaim
...
- Equality of rights and duties for all without distinction of sex, origin, race, religion or belief;

Page 2, TITLE I: THE UNION OF THE COMOROS, Article 4:
Under conditions determined by law, suffrage is universal, equal and secret. It can be direct or indirect. Under conditions determined by law, all Comorians of both sexes can vote in enjoyment of their civil and political rights.

Women, girls and gender

Participation
No specific mention.
Equality
Equality (general)
Page 2, TITLE I: THE UNION OF THE COMOROS, Article 4:
Under conditions determined by law, suffrage is universal, equal and secret. It can be direct or indirect.
Under conditions determined by law, all Comorians of both sexes can vote in enjoyment of their civil and political rights.
Particular groups of women
No specific mention.
International law
General IHRL, IHL and IL
Page 1, Preamble:
...
To mark their attachment to the principles and fundamental rights defined by the Charter of the United Nations, the Charter of the Organization of African Unity, the Charter of the Arab League of Nations, the Universal Declaration of Human Rights of the United Nations and the African Charter on Human and Peoples’ Rights, as well as international conventions, notably those relating to the rights of children and women.

Page 2, TITLE I: THE UNION OF THE COMOROS, Article 4:
Under conditions determined by law, suffrage is universal, equal and secret. It can be direct or indirect. Under conditions determined by law, all Comorians of both sexes can vote in enjoyment of their civil and political rights.
New institutions
No specific mention.
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
No specific mention.
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh