149. In order to enhance the free expression of the will of the electorate, the 1992 Electoral Act has been
gradually improved in the course of several elections. In 2002, amendments to articles 40 and 41 led to
the establishment of the National Independent Electoral Commission, which supervises electoral
activities at all national elections. Detailed information on the composition and specific mandate of this
body, whose task is to ensure the transparency and regularity of elections, is contained in the common
core document.
150. With regard to electoral disputes, the Act introduced an important innovation concerning the
division between the constitutional and administrative jurisdictions. The Constitutional Council
examines in sole instance complaints related to referendums and to presidential and parliamentary
elections. The Administrative Court established by the 2009 Act tries in sole instance all complaints
connected with municipal and regional elections. Decisions rendered by this Court may be brought
before the administrative Chamber of the Supreme Court.
151. Equality in terms of the right to vote in elections is addressed by the Constitution (Article 4) and
the Electoral Act of 29 October 1992 (Article 3) which stipulate that “all nationals of Djibouti, of both sexes,
who have reached their majority and are in possession of their civil and political rights may vote as provided for by the
law”. The right to vote is subject by law to registration on the voters’ list in the administrative division of
the voter’s domicile or residence (Article 4).
152. Elimination or suspension of voting rights for legal reasons relate to “individuals convicted of serious offences
as well as those convicted of minor offences and sentenced to at least three months imprisonment or with a suspended prison
sentence of more than one year, with the exception of those convicted of negligence; these cannot register on the voters' list"
(Article 6).
153. These legal provisions also lay down reasonable limitations on the right to vote with a view to
rendering it effective for all adult citizens by facilitating voter registration in particular. The same applies
to reasons for depriving an individual of their right to vote which should be objective and a close
relation established between the time of application and the time when the offence was committed.
Finally, non-convicted detainees effectively exercise their right.
II.
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
1. Right to property
Article 14
The right to property shall be guaranteed. It may only be encroached upon in the interest of
public need or in the general interest of the community and in accordance with the provisions
of appropriate laws.
154. In Djibouti, everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired
possessions. In this respect, Article 12 of the Constitution states that "the right to property is guaranteed" and
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