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 32

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