| Parliament name (generic / translated) |
Assemblée nationale / National Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation (Art. 80 of the Constitution of 11.12.1990) |
| Start of the mandate |
· When the mandates are validated |
| Validation of mandates |
· Validation by the Constitutional Court (Art. 81 (2) of the Constitution)
· Procedure: the Constitutional Court validates the mandates after the results have been declared by the Independent National Electoral Committee (CENA). Challenges are submitted to the Constitutional Court. The decision can, on the one hand, lead to the amendment of the proclamation made by the CENA and the proclamation of the candidate who was regularly elected or the invalidation of a contested election or, on the other hand, confirm the regularity of the elections (see also Art. 117 of the Constitution). |
| End of the mandate |
· On the day when the legal term of the House ends (the Constitution does not provide for early dissolution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 12 (1) of the Standing Orders)
· At the beginning of the legislature, some conditions must be fulfilled (Art. 12 (2) of the Standing Orders).
· Procedure (Art. 12 (3) of the Standing Orders): resignations must be addressed to the President. At the following plenary sitting at the latest, he informs the MPs and notifies the Government accordingly.
· Authority competent to accept the resignation: the President of the National Assembly
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament: definitive exclusion is possible by decision of the National Assembly taken by a two-thirds majority when the MP has been convicted of a crime. |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament: according to responsibilities within the National Assembly:
1. The President of the National Assembly
2. The First Vice-President
3. The Second Vice-President
4. The First Questor
5. The Second Questor
6. The First Parliamentary Secretary
7. The Second Parliamentary Secretary
8. The Presidents of standing committees
9. The leaders of parliamentary groups
10. The Vice-Presidents and other officers of standing committees in the internal order of precedence of committees
11. The Vice-Presidents and other officers of parliamentary groups in the internal order of precedence of the group
12. Deputies
· Outside Parliament: the official order of precedence ranks the President of the National Assembly in the 2nd position after the President of the Republic, the Vice-Presidents in the 7th position and deputies in the 13th position (Decree 92-150 of 12.06.1992).
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary: CFA F 193,291/ month
+ Additional allowance: CFA F 373,003 / month
+ Family allowances
· No exemption from tax (CFA F 47,812 per month withheld from the basic salary for ordinary deputies)
· Pension scheme: 6% of the gross salary of all civil servants is paid into the National Pension Fund.
· Other facilities:
(a) Secretariat: CFA F 45,000/per month
(b) Official housing: CFA F 100,000/per month
(c) Postal and telephone services: CFA F 5,000/per month (approx)
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept exists (Art. 90 (1) of the Constitution, taken up in Art. 69 (1) of the Standing Orders).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament, insofar as the said words have a direct bearing on the action exercised by MPs within Parliament.
· Derogations: call to violence in public sittings, contempt of the President of the Republic, the National Assembly or its President, insults, provocations or threats towards members of the Government and institutions foreseen in the Constitution, as well as to-wards the other deputies (Art. 61.6 and 63.1 of the Standing Orders; see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept exists (Art. 90 (2 and 3) of the Constitution, taken up in Art. 69.2 and 69.3 of the Standing Orders of the National Assembly).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, from the opening of judicial proceedings against them and from their homes being searched.
· Derogations:
- When Parliament is in session, prosecution or arrests in criminal or correctional matters are possible in flagrante delicto cases (Art. 90 (3) of the Constitution, taken up in Art. 69.2 of the Standing Orders of the National Assembly).
- When Parliament is not in session, arrest is possible in cases involving flagrante delicto, authorised prosecution or final sentencing (Art. 90 (2) of the Constitution, taken up in Art. 69.3 of the Standing Orders of the National Assembly).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted in certain cases (Art. 70 of the Standing Orders). The lifting of immunity applies only to the infractions for which it has been requested:
- Competent authority: the National Assembly
- Procedure (Art. 71 of the Standing Orders): in this case, the MPs concerned or the colleagues they have delegated to represent them are heard by the Special Committee. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament can suspend the prosecution and/or detention of one of its members (Art. 90 (4) of the Constitution, taken up in Art. 69.4 of the Standing Orders):
- Competent authority: the National Assembly
- Procedure: the decision is taken by a two-thirds majority. The procedure is the same as the one applied for the lifting of immunity.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament. |
| EXERCISE OF THE MANDATE |
| Training |
· When the National Assembly obtains technical and financial support from international foundations and organisations, it organises seminars and other training workshops.
· The Department of Legislative Services is planning to publish a handbook for deputies and a brochure on legislative procedure.
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings and committee meetings.
· Penalties foreseen in case of failure to fulfil this obligation:
- Call to order for three consecutive absences without valid justification
- Simple censure, after a call to order, when absences during a Committee's work total one-third of the meetings during a given session
- One year's suspension and three months' forfeiture of one-third of the basic salary for in case of a repeated offence and when an MP's absences total one-third of the meetings during a given session
|
| Discipline |
· The rules governing discipline within Parliament are contained in title II, chapter X, section 1 of the Standing Orders (Art. 60 to 68).
· Disciplinary measures foreseen (Art. 60 of the Standing Orders):
- Call to order (Art. 61.1 to 61.4 of the Standing Orders)
- Call to order with entry in the minutes, and one month's forfeiture of one-fourth of the basic salary (Art. 61.5 to 61.7 of the Standing Orders)
- Simple censure with one month's forfeiture of one-half of the basic salary or three months' forfeiture of one-third of the salary (Art. 62 and 64 to 65 of the Standing Orders)
- Censure with temporary exclusion and two months' forfeiture of one-half of the basic salary (Art. 63 to 65 of the Standing Orders)
· Specific cases:
- Assault (Art. 66 of the Standing Orders): call to order; censure with temporary exclusion and six months' forfeiture of one-half of the basic salary
- Criminal acts (Art. 67 of the Standing Orders): notification of the National Assembly; notification of the judicial authorities
- Abuse of office (Art. 68 of the Standing Orders): all possible penalties foreseen
- Insults, provocations, threats and contempt (Art. 61.6 and 63.1 of the Standing Orders): call to order or censure with temporary exclusion
· Competent body to judge such cases:
- Call to order: the President
- Censure: the National Assembly
- Assault: the President; the National Assembly
- Criminal acts: the President; the Board
- Abuse of office : depending on penalty
- Insults, provocations, threats and contempt: the President or the National Assembly
· Procedure:
- Censure (Art. 64 of the Standing Orders): the MPs concerned or their colleague whom they have delegated to represent them have the right to be heard.
- Specific cases
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions, in particular Art. 68 of the Standing Orders of the National Assembly (see Discipline). |
| Relations between MPs and pressure group |
· Prohibitions protecting the free mandate (Art. 28 of the Standing Orders) |
