Cape Verde is a sovereign, unitary, and democratic Republic, which guarantees respect for the dignity of the human being and recognizes the inviolability and inalienability of Human Rights as the basis of all human community, peace and justice.
The Republic of Cape Verde recognizes the equality of all citizens before the law, without distinction as to social origin or economic situation, race, sex, religion, political or ideological convictions, and social conditions, and assures the full exercise by all citizens of fundamental liberties.
The Republic of Cape Verde is founded upon popular will and has as its fundamental objective the realization of economic, political, social, and cultural democracy, and the construction of a free, just, and cooperative society.
The Republic of Cape Verde shall create the conditions indispensable to the elimination of all obstacles which may impede the full development of human beings and which limit the equality of citizens and their effective participation in the political, economic, social, and cultural organization of the State and Cape Verdian society.
Article 2. A State of Democratic Law
The Republic of Cape Verde shall be organized as a democratic State based on principles of popular sovereignty, pluralism of expression, democratic political organization, and respect for fundamental rights and liberties.
The Republic of Cape Verde shall recognize and respect the organization of political power and the unitary nature of the State, the republican form of government, pluralistic democracy, the separation and interdependence of powers, the separation of Churches and the State, the independence of the Courts, the existence and autonomy of local authorities, and the democratic decentralization of Public Administration.
Article 3. Sovereignty and Constitutionalism
Sovereignty shall be vested in the people, who shall exercise it in the forms and under the conditions provided for in the Constitution.
The State shall be subordinate to the Constitution and shall be based on democratic legitimacy, respecting and enforcing respect for laws.
Laws and other acts of the State, local authorities, and public bodies generally shall only be valid if they are in conformity with the Constitution.
Article 4. The Exercise of Political Power
Political power shall be exercised by the people through referenda, suffrage, and other established constitutional forms.
In addition to suffrage, public officials may also be appointed by representatives of the people, or by legal or constitutional means.
Article 5. Citizenship
Cape Verdian citizenship shall be vested in all those who by law or international convention shall be considered as such.
The State may conclude Treaties of Dual Nationality.
Cape Verdians may acquire citizenship in other countries without losing their citizenship of origin.
Article 6. The Territory
The territory of the Republic of Cape Verde shall consist of:
The islands of Santo Antão, São Vicente, Santa Luzia, São Nicolau, Boa Vista, Mario, Santiago, Fogo and Bravo, and by the smaller islands that historically have always been part of the archipelago of Cape Verde.
The internal waters, archipelago waters, and the territorial sea established by law, as well as the respective seabeds and subsoil.
The air space above the geographical areas referred to in the preceding paragraphs.
In its contiguous area, its exclusive economic area, and the continental shelf, defined by law, the State of Cape Verde shall have rights of sovereignty over conservation, exploration, and use of national resources, living and non-living, and shall exercise jurisdiction under the provisions of internal law and the norms of International Law.
No part of the national territory or rights of sovereignty over it may be alienated by the State.
Article 7. Duties of the State
The following are the fundamental duties of the State:
To defend independence, to guarantee the unity of the Cape Verdian nation, and to promote the social, cultural, economic, and political conditions necessary for this result;
To guarantee respect for Human Rights and to assure the full exercise of fundamental rights and liberties by all citizens;
To guarantee respect for the republican form of Government and for the principles of the Democratic State;
To guarantee political democracy and democratic participation of citizens in the organization of political power and other aspects of national political and social life;
To promote the well-being and quality of life of the Cape Verdian people, particularly the neediest, and to remove economic, social, cultural, and political obstacles which prevent real equality of opportunity among the nation’s citizens;
To encourage social cooperation, autonomous organization of civil society, merit, initiative, and individual creativity;
To support the Cape Verdian community around the world and to promote the preservation and development of Cape Verdian culture;
To encourage education, culture, scientific research, the spread and utilization of new technologies, and the diffusion of Cape Verdian culture in the world.
To create the conditions necessary for the transformation and modernization of economic and social structures in order to effect economic, social, and cultural rights of citizens;
To protect the land, nature, natural resources, and environment, as well as the historical-cultural and artistic national heritage;
To guarantee to foreigners who are permanent or temporary residents of Cape Verde, or who are passing through the national territory, that they will be treated according to international standards for Human Rights, and that they will exercise all rights which are not constitutionally or legally reserved to Cape Verdian citizens.
Article 8. National Symbols
The Flag, the Hymn, and the Coat of Arms shall be symbols of Cape Verde and of national sovereignty.
The National Flag shall consist of five horizontal bands.The upper and lower bands shall be blue, the upper one being half the size of the flag and the lower band, one-fourth.
Separating the two blue bands shall be three bands, each equaling one-twelfth of the surface of the flag.
The two bands adjacent to the blue bands shall be white, and the band between those shall be red.
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On the five bands there will be ten yellow five-pointed stars, with a top apex at ninety degrees, forming a circle whose center will be at the intersection of the second vertical fourth from the left with the second horizontal fourth from the bottom. The star closest to the bottom is on a circle whose center shall be in the middle of the lower blue band.
The National Hymn shall be established by law with the approval of two-thirds of the Deputies.
The Coat of Arms of the Republic of Cape Verde shall have a radial composition which includes, from the center to the edge, the following elements:
A blue equilateral triangle with a white torch;
A circle in which is written, extending from the left angle of the triangle to the right, the words “Republic of Cape Verde”;
Three blue sections parallel to the base of the triangle, within the limits of the first circle;
A second circle;
A yellow line, from the vertex of the equilateral triangle, over the upper portion of the second circle;
Three yellow gears occupying the base, with two green palms and five yellow five pointed stars arranged symmetrically.
Article 9. The Capital of the Republic
The Capital of the Republic of Cape Verde shall be the city of Praia, on the island of Santiago.
TITLE II. INTERNATIONAL RELATIONS AND INTERNATIONAL LAW
Article 10. International Relations
The State of Cape Verde shall conduct its international relations according to the principles of national independence, respecting International Law and Human Rights, equality among States, non-interference in the internal affairs of other States, reciprocity, cooperation with all other peoples, and peaceful coexistence.
The State of Cape Verde shall defend the right of peoples to self-determination and independence and shall support the struggle of peoples against colonialism or any other form of dominion or political or military oppression.
The State of Cape Verde extols: the abolition of all forms of dominion, oppression, and aggression; disarmament; and the peaceful solution to conflicts, as well as the creation of a just international order capable of assuring peace and friendship among peoples.
The State of Cape Verde shall reject any installation of foreign military bases on its territory.
The State of Cape Verde shall grant to International Organizations, namely the United Nations and the Organization of African Unity, the cooperation necessary to the peaceful resolution of conflicts and to assure peace and international justice, as well as respect for Human Rights and Fundamental Liberties, and shall support all efforts of the international community to guarantee respect for the sacred principles of the Charter of the United Nations.
The State of Cape Verde shall maintain special ties of friendship and cooperation with other Portuguese-speaking countries and with countries which welcomed Cape Verdian emigrants.
The State of Cape Verde is pledged to strengthen African identity, unity, and integration, and cooperate for the development, democratic progress, and well-being of peoples, respect for Human Rights, peace, and justice.
Article 11. Recognition of Treaties and Accords within the Internal Judicial Order
International Law shall be an integral part of the Cape Verdian judicial system, as long as it is in force in the international legal system.
International Treaties and Agreements, validly approved and ratified, shall be in force in the Cape Verdian judicial system after their official publication, as long as they are in force in the international legal system.
Judicial acts emanating from competent offices of supranational organizations to which Cape Verde belongs shall take effect in internal law as soon as they have been established in respective legal conventions.
Rules, principles of International Law, validly approved and ratified internationally and internally, and in force, shall take precedence over all laws and regulations below the constitutional level.
Article 12. Adhering to and Withdrawing from International Treaties and Agreements
Adherence by Cape Verde to any Treaty or International Agreement must be approved by the competent constitutional body before taking effect.
Cessation of Treaties or International Agreements through agreement, denunciation, withdrawal, renunciation, or for any other reason permitted by international law, except for expiration, shall follow the same process as that provided for approval.
Article 13. Simple Agreements
Agreements in simplified form, not requiring ratification, may be approved by the Governmental agency most competent to have jurisdiction over the subject-matter of the agreement.
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