| Parliament name (generic / translated) |
Parlement / Parliament |
| Structure of parliament |
Bicameral |
| Chamber name (generic / translated) |
Assemblée nationale / National Assembly |
| Related chamber (for bicameral parliaments) |
Sénat / Senate
|
| NATURE |
| Nature of the mandate |
· Free representation (see Art. 4(1) and 9 of the Standing Orders of the National Transitional Council) |
| Start of the mandate |
· When MPs are appointed by the National Forum |
| Validation of mandates |
· No validation |
| End of the mandate |
· On the day when the newly elected Parliament first meets (Art. 4(2) of the Standing Orders) (the National Transitional Council may not be dissolved, see Art. 68 of the Basic Law of 24 October 1997) |
| Can MPs resign? |
Yes |
· Of their own free will (Art. 19(1) of the Standing Orders of the National Transitional Council)
· Procedure (Art. 19(2) of the Standing Orders of the National Transitional Council)
· Authority competent to accept the resignation: the consent of the National Transitional Council is not required. |
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter: loss of mandate on account of disqualification (Art. 20 of the Standing Orders of the National Transitional Council) |
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
· Outside Parliament: |
| Indemnities, facilities and services |
· Diplomatic passport (Art. 6, N° 2, of the Standing Orders of the National Transitional Council)
· Sessional allowance (Art. 60 of the Basic Law, Art. 10 of the Standing Orders of the National Transitional Council): CFA F 30,000/day
· Total exemption from tax (Art. 10(1) of the Standing Orders of the National Transitional Council)
· No pension scheme· Other facilities:
(a) Secretariat: monthly allowance of CFA F 825,000 for the running of a secretariat
(b) Assistants (Art. 6, N° 3, and Art. 41 to 43 of the Standing Orders of the National Transitional Council): parliamentary secretary; assistants and consultants for Bureau members; General Secretariat
(c) Official housing for Bureau members
(d) Official car for Bureau members
(e) Security guards (Art. 6, N° 4, of the Standing Orders of the National Transitional Council)
(f) Travel and transport (Art. 60 of the Basic Law):
- Assistance for the purchase of a means of transport
- Ticket for transport to the convocation of the session and the closing sitting
(g) Others |
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The notion exists (Art. 64 of the Basic Law, Art. 5(1) of the Standing Orders of the National Transitional Council).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. (Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.)
· Derogations: loss of mandate through disqualification: judgment for indictable offences committed in the exercise of the mandate or for treasonable conspiracy, after the lifting of immunity (Art. 70 of the Basic Law, Art. 20 of the Standing Orders); indictable offences (Art. 85 of the Standing Orders of the National Transitional Council, see Discipline); insults and contempt (Art. 80(1.3), 81(1.3 and 4), 84 and 112(2) of the Standing Orders of the National Transitional Council, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and affords protection, after the expiry of the mandate, against prosecution for opinions expressed during the exercise of the mandate (Art. 5(4) of the Standing Orders of the National Transitional Council). |
| Parliamentary immunity - parliamentary inviolability |
· The concept exists (Art. 64 of the Basic Law, art. 5(2 and 3) of the Standing Orders of the National Transitional Council)
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest, pre-trial detention, the institution of judicial proceedings against them and house searches.
· Derogations:
- When Parliament is in session, a National Councillor may be prosecuted and arrested in flagrante delicto cases.
- When Parliament is in recess, a National Councillor may be arrested in cases of flagrante delicto, authorised prosecution or definitive conviction.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or court.
· Protection is afforded throughout the mandate and also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 5(2 and 3) of the Standing Orders of the National Transitional Council):
- Competent authority: the National Transitional Council meeting in plenary.
- Procedure. In this case, MPs can be given a hearing. There is no provision for appeal.
· Parliament cannot impose conditions on the prosecution and/or detention.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of detention on remand or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament. |
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/induction course on parliamentary practices and procedures for MPs and no handbook of parliamentary procedure. |
| Participation in the work of the Parliament |
· Attendance at plenary sittings and committee and other meetings is compulsory for parliamentarians (Art. 8(1) of the Standing Orders of the National Transitional Council). For authorised absence, see Art. 8(2) of the Standing Orders of the National Transitional Council.
· Penalties for failure to fulfil this obligation (Art. 8(1) of the Standing Orders of the National Transitional Council): forfeiture of the sessional allowance
· Body competent to rule on such cases/to impose penalties: the President of the National Transitional Council, who issues the ruling at a Bureau meeting. |
| Discipline |
· The rules governing discipline within Parliament are contained in Art. 25(2), 77 to 85 and 112(2) of the Standing Orders of the National Transitional Council.
· Disciplinary measures foreseen (Art. 78 of the Standing Orders):
- Call to order (Art. 79(1, 2 and 4) and 112(2) of the Standing Orders of the National Transitional Council)
- Call to order with entry in the record (Art. 79 of the Standing Orders of the National Transitional Council)
- Censure (Art. 80 of the Standing Orders of the National Transitional Council)
- Censure with temporary exclusion and forfeiture of the corresponding allowance (Art. 81 and 82 of the Standing Orders of the National Transitional Council)
- Suspension of the sitting (Art. 81(3) of the Standing Orders of the National Transitional Council)
· Specific cases:
- Insults and contempt (Art. 80(1.3), 81(1.3) and 4), 84 and 112(2) of the Standing Orders of the National Transitional Council): censure, censure with temporary exclusion and forfeiture of the corresponding allowance; suspension of the sitting; administrative penalties; referral of the matter to the competent courts
- Abuse of status (Art. 83 in conjunction with Art. 80 to 82 of the Standing Orders of the National Transitional Council): censure; censure with temporary exclusion and forfeiture of the corresponding allowance; suspension of the sitting
- Indictable offences (Art. 85 of the Standing Orders of the National Transitional Council): establishment of a report; notification of the Public Prosecutor
· Competent body to rule on such cases/to impose penalties (Art. 25(2) and 77 of the Standing Orders of the National Transitional Council)
- Call to order, call to order with entry in the record, suspension of the sitting, indictable offences: the President
- Censure, censure with temporary exclusion and forfeiture of the corresponding allowance: the National Transitional Council
- Insults and contempt: the National Transitional Council; the President; the President of the Republic; the Bureau
- Abuse of status: the National Transitional Council; the President
· Procedure:
- Call to order, call to order with entry in the record (Art. 79 and 112(2) of the Standing Orders of the National Transitional Council)
- Censure, censure with temporary exclusion and forfeiture of the corresponding allowance, suspension of the sitting, insults and contempt (Art. 80 to 82 and 112(2) of the Standing Orders of the National Transitional Council)
- Insults and contempt (Art. 84 and 112(2) of the Standing Orders of the National Transitional Council; see also above)
- Abuse of status (Art. 83 in conjunction with Art. 80 to 82 of the Standing Orders of the National Transitional Council)
- Insults and contempt (Art. 85 of the Standing Orders of the National Transitional Council) |
| Code (rules) of conduct |
· This notion does not exist in the country's judicial system but there are some relevant provisions (Art. 16, 17 and 83 in conjunction with Art. 80 to 82 of the Standing Orders of the National Transitional Council).
· Penalties for breaches of the code of conduct (Art. 83 of the Standing Orders of the National Transitional Council):
- Censure (Art. 80 of the Standing Orders of the National Transitional Council)
- Censure with temporary exclusion and forfeiture of the corresponding allowance (Art. 81 and 82 of the Standing Orders of the National Transitional Council)
· Competent body to rule on such cases/to impose penalties: the National Transitional Council
· Procedure (Art. 80 to 82 of the Standing Orders of the National Transitional Council). In this case, there is no provision for appeal. |
| Relations between MPs and pressure group |
· There are no legal provisions in this area. |
