Constitution

Comoros 2018 Constitution

Table of Contents

TITLE IV. OF THE INSTITUTIONS OF THE ISLANDS

Article 99

The Islands are endowed with juridical personality.

They enjoy free administration and autonomy of management.

Each is led administratively by a Governor and a Consultative Council.

CHAPTER I. OF THE GOVERNORS

Article 100

The Governor is elected by the electors of the Island by direct uninominal suffrage in two rounds, for a mandate of five years renewable once.

In case of vacancy or of permanent impairment of the Governor of an Island, occurring within the nine hundred days following the date of investiture of his mandate and declared by the Supreme Court referred to the matter by his Cabinet, it proceeds to the election of a new Governor within a time period of sixty days. The interim is carried out by the Secretary General of the Governorship.

If the vacancy or definitive impediment occurs beyond nine hundred days, the Secretary General of the Governorship finishes the mandate.

Article 101

In the exercise of his duties, the Governor issues decrees.

He is assisted in the exercise of his functions by a Cabinet composed of seven members including one Director of the Cabinet and a Secretary General responsible for coordinating the whole of the insular public services.

In consultation with the Union and taking into account the needs and resources available, the Island recruits through the Public Function the administrative personnel necessary for the organization and operations of insular services.

Article 102

The following matters fall within the exclusive competence of the islands:

  • economic planning and social development of the island;
    the development of the island territory;

    the acquisition of assets for the needs of the island;

    the promotion of tourism, the environment and the historic patrimony of the island;

    traditional fishing;

    agriculture and animal husbandry, with the exclusion of policies and research;

    road maintenance;

    fairs and markets.

Article 103

In consultation with the Union, the island acts in the matters cited below:

  • the administration of the Local Collectivities;
    the management of pre-school, primary and secondary teaching establishments and personnel;

    basic local professional training;

    allocations of study grants;

    the construction, equipping, maintenance, and management of the establishments and personnel of basic health.

Article 104

Within respect for the Constitution and within the limits of their respective competences, the Union and the autonomous Islands, or the autonomous Islands among themselves, may enter into agreements of a social, economic or financial character.

Within the limits of their respective competences and within respect for the Constitution of the Union of the Comoros and for the international commitments of the Union, the autonomous Island may form and maintain cooperative relations with local collectivities or non-governmental foreign organs.

The conventions mentioned in paragraph 2 of this Article, may not be concluded without the prior agreement of the State.

Article 105

Taking into account national solidarity and the balanced socio-economic development of the Islands, the resources of these include the endowment [dotation] paid by the State and the product of the rights, taxes [impôts], and local taxes [taxes locaux] of which the amounts and rates [taux] are established by the law of finance.

Article 106

The budget of the Island must be balanced and approved by the State.

CHAPTER II. OF THE CONSULTATIVE COUNCIL

Article 107

The Consultative Council is composed of representatives of the Communal Councils designated from within on the basis of one representative by Communal Council.

The modalities of designation of the representative of the Communal Council are determined by the internal regulations of the relevant Council.

The Consultative Council adopts its internal regulations which in particular define the modalities of its operations.

If the circumstances so require, the Governor refers the matter to the Consultative Council to give its opinion on issues that interest the Island.

Article 108

The functions of the members of the Consultative Council are gratuitous. Nevertheless, they receive compensation for their presence, of which the amount is established by order of the Governor of the Island.

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