Isabella Carter
The Constitution of Cape Verde was first approved in 1980 and was substantially revised in 1992. Cape Verde is a semi-presidential representative democratic republic, with a multi-party system. The constitution provides for the right to a fair trial and due process, and an independent judiciary. It also guarantees that the state will respect human rights for foreigners who are permanent, temporary, or transitory residents.
| Characteristics | Values |
|---|---|
| First approved | 1980 |
| Substantially revised | 1992 |
| Political regime | Pluralistic democracy |
| Separation of powers | Legislative, executive, and judicial |
| Official religion | Separation of church and state |
| Citizenship | Cape Verdean citizenship is vested in those considered as such by law or international convention |
| Dual nationality | Allowed |
| Territory | The islands of Santo Antão, São Vicente, Santa Luzia, São Nicolau, Boa Vista, Mario, Santiago, Fogo and Bravo, and the smaller islands that have historically been part of the archipelago of Cape Verde |
| National symbols | Flag, Hymn, and Coat of Arms |
| National flag description | Five horizontal bands: the upper and lower bands are blue, with three bands (white, red, and white) in between |
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What You'll Learn
- The Cape Verde Constitution was first approved in 1980
- It was substantially revised in 1992
- The constitution outlines the country's semi-presidential representative democratic republic
- It guarantees the right to a fair trial
- It also guarantees the right to be treated according to international human rights standards
The Cape Verde Constitution was first approved in 1980
The 1980 Constitution established the basis of the country's government organisation. It declared that the government is the "organ that defines, leads, and executes the general internal and external policy of the country" and is responsible to the National Assembly. The constitution also provided for the right to a fair trial and due process, with defendants presumed innocent until proven guilty, and the right to a public, non-jury trial, to counsel, to present witnesses, and to appeal verdicts.
The 1992 revision of the Constitution saw a significant political opening, with the creation of the institutional conditions required for the first presidential and legislative elections within a framework of political competition. On 28 September, the National Popular Assembly approved Constitutional Law No. 2/III/90, which revoked Article 4 of the Constitution and established the principle of pluralism, creating a new type of political regime. This move was conceived as a means to revitalise democratic elections and transition towards a new model for the organisation of the country's political and social life.
The 1992 revision also established a different system of government and another form of suffrage, with the first legislative elections taking place in January 1991, followed by presidential elections in February. The Cape Verde Constitution guarantees that foreigners who are permanent or temporary residents, or who are passing through the national territory, will be treated according to international standards for human rights. It also outlines the symbols of Cape Verde, including the flag, the hymn, and the coat of arms.
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It was substantially revised in 1992
The Republic of Cape Verde's constitution was first approved in 1980 and then substantially revised in 1992. The 1992 revision came after a political opening was announced in 1990, which created the institutional conditions required for the country's first presidential and legislative elections within a framework of political competition. This led to the National Popular Assembly approving Constitutional Law No. 2/III/90, which revoked Article 4 of the Constitution and established the principle of pluralism, creating a new type of political regime.
The revised constitution established a different system of government and another form of suffrage, with the first legislative elections taking place in January 1991, followed by presidential elections in February. The 1992 constitution provided for an independent judiciary, with the right to a fair trial and due process, and guaranteed judicial independence. It also recognised the separation of powers, with legislative power vested in the government and the National Assembly, and executive power exercised by the president and the government.
The 1992 constitution also defined the territory of the Republic of Cape Verde, consisting of several islands, including Santo Antão, São Vicente, Santa Luzia, São Nicolau, Boa Vista, Mario, Santiago, Fogo, and Bravo, as well as the smaller islands historically part of the archipelago. It also specified the design of the national flag, consisting of five horizontal bands, with the upper and lower bands in blue, and the remaining three in white and red.
In terms of citizenship, the revised constitution allowed Cape Verdeans to acquire citizenship in other countries without losing their citizenship of origin, and it guaranteed that foreigners in Cape Verde would be treated according to international human rights standards.
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The constitution outlines the country's semi-presidential representative democratic republic
The Republic of Cape Verde is an island country and archipelagic state of West Africa in the central Atlantic Ocean. It is a semi-presidential representative democratic republic, with a stable democratic system. Cape Verde's Constitution, first drafted in 1980 and substantially revised in 1992, forms the basis of the country's government organisation.
The Constitution establishes a multi-party political system, with legislative power vested in the government and the National Assembly. The National Assembly, consisting of a minimum of 66 and a maximum of 72 members, is responsible for nominating the Prime Minister, who is then appointed by the President. The Assembly represents all Cape Verdian citizens and is elected for a five-year term by proportional representation.
The Constitution also guarantees the independence of the judiciary, which consists of the Supreme Court and regional courts. The Supreme Court judges are appointed by the President, the National Assembly, and the Superior Judiciary Council, ensuring their independence from political influence. The judiciary upholds due process rights, including the right to a fair trial, the presumption of innocence, and the right to appeal.
In addition, the Constitution recognises the importance of democratic legitimacy and the rule of law. It outlines the duty of the state to obey the Constitution, ensuring that all laws and acts of the state, local authorities, and public bodies conform to its principles. Cape Verde's Constitution also provides for the rights of foreigners and citizens of countries with Portuguese as an official language, guaranteeing their treatment according to international human rights standards.
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It guarantees the right to a fair trial
The Constitution of Cape Verde was written in 1980 and revised in 1992. It guarantees the right to a fair trial for all citizens, including those who reside or are temporarily abroad. This right is enshrined in the Constitution, which provides for a strong and independent judiciary, as well as a system of checks and balances to ensure that power is balanced between the various national institutions.
The Constitution outlines that Cape Verde is a multiparty parliamentary democracy, with constitutional powers shared between the elected Head of State, the President, and the Head of Government, the Prime Minister. The independence of the judiciary is recognised, with the Republic of Cape Verde respecting and enforcing respect for laws, and the courts holding judicial power.
The right to a fair trial is further guaranteed by the Constitution's provisions for due process rights. Defendants are presumed innocent and have the right to a public, non-jury trial, to counsel, to present witnesses, and to appeal verdicts. Free counsel is provided for those who cannot afford it. The Constitution also prohibits discrimination against women in inheritance, family, and custody matters, and guarantees the right to strike for union members.
While the judiciary generally upholds these due process rights, there are challenges. For example, the right to an expeditious trial is hindered by a backlogged, understaffed, and overburdened judicial system, which routinely leads to trial delays of 6 months. Additionally, there have been accusations of courts manipulating trial schedules for political reasons, and some members of the police and prison guards have committed human rights abuses.
The Cape Verdean Constitution, with its revisions, has fostered a climate of liberty, peace, and justice, and the country continues to work towards the full realisation of these ideals.
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It also guarantees the right to be treated according to international human rights standards
The Constitution of Cape Verde was written in 1980 and revised in 1992. It guarantees the right to be treated according to international human rights standards, as outlined in the Universal Declaration of Human Rights. This includes the right to freedom of association, which is guaranteed as a general rule, and the right to freedom of expression, thought, conscience, religion, and worship.
The Constitution also establishes the political system as a multi-party parliamentary democracy, with a separation of powers and an independent judiciary. It recognises the sovereignty of the people and the duty of the State to obey and enforce the Constitution, respecting and enforcing the law. The State is also committed to democratic legitimacy and the peaceful resolution of conflicts, as well as respect for human rights and fundamental liberties at the international level.
In addition, the Constitution addresses the protection of the environment and ownership of natural resources, as well as the right to culture and the guarantee of equal treatment for foreigners, who are to be granted all rights that are not constitutionally or legally reserved for Cape Verdean citizens.
While Cape Verde's Constitution and legislative system generally respect the basic rights of citizens, there have been concerns raised by human rights experts in certain areas, such as anti-discrimination legislation, gender-based violence, the court system, and corruption. The government has been working to address these issues and improve transparency and democratic processes.
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Frequently asked questions
The constitution of Cape Verde was first approved in 1980 and was substantially revised in 1992.
Before the 1992 revision, Cape Verde was a one-party political system established by the African Party for the Independence of Guinea and Cape Verde (PAIGC) following independence in 1975.
The 1992 revision created a new type of political regime, revitalizing democratic elections and transitioning towards a new model for the organization of the country's political and social life. It also established a different system of government and another form of suffrage.
The constitution of Cape Verde provides for the right to a fair trial, with defendants presumed innocent until proven guilty and given the right to a public, non-jury trial, to counsel, to present witnesses, and to appeal verdicts. It also guarantees that foreigners who are residents or passing through the country will be treated according to international human rights standards.
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