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THE CONSTITUTION OF THE REPUBLIC OF SOMALILAND (Click here For the Somali version) Translated with extended annotations and explanatory notes by Ibrahim Hashi Jama LL.B, LL.M. (Updated Translation: April 2005) CONSTITUTION OF THE REPUBLIC OF SOMALILAND
ARRANGEMENTS OF THE CHAPTERS Part One General Provisions Article 1: The State of the Republic of Somaliland Article 2: The Territory of the Republic of Somaliland Article 3: The Capital Article 4: Citizenship Article 5: Religion Article 6: Language Article 7: The Flag, the Emblem and the National Anthem Part Two General Principles Article 8: Equality of Citizens Article 9: The Political System Article 10: Foreign Relations Article 11: The National Economy Article 12: Public Assets, Natural Resources and Indigenous Production Article 13: Banks Article 14: Taxes and Duties Article 15: Education, Youth and Sports Article 16: Promotion of Knowledge and Literature, Arts and Culture Article 17: Health Article 18: Environment and Disaster Relief Article 19: Care of the Vulnerable in Society Article 20: Work, Trade, and the Welfare of Employees Part Three The Rights of the Individual, Fundamental Freedoms and the Duties of the Citizen Article 21: Implementation and Interpretation Article 22: Political, Economic, Social and electoral Rights Article 23: Freedom of Movement and Association Article 24: The Right to Life, Security of the Person, Respect for Reputations, and Crimes against Human Rights Article 25: The Right to Liberty, Guarantees and the Conditions of Rights and Freedoms Article 26: Crime and Punishment Article 27: The Rights of Persons Deprived of theirLiberty Article 28: The Right to Sue and Defend Article 29: The Sanctity of the Home Article 30: Freedom of Communication Article 31: The Right to Own Private Property Article 32: Freedom of Public Demonstration and Expression of Opinion, Freedom of the Press and other Media Article 33: Freedom of Belief Article 34: The Duties of the Citizen and Punishment for Failure to fulfil them Article 35: Extradition of Accused or Convicted Persons and Political Asylum Article 36: The Rights of Women THE STRUCTURE OF THE STATE Article 37: The Powers and the Sovereignty of the State Part One The Legislative Branch Article 38: The Parliament and Joint Sittings The House of Representatives Article 39: General Provisions of the House Article 40: The Total Membership of the House and Elections Article 41: Eligibility for Candidacy Article 42: Period of Office and Election Term Article 43: The Seat of the House Article 44: The Convening of the New House Article 45: The Meetings of the House of Representatives Article 46: Sessions and the Procedures of the House of Representatives Article 47: The Remuneration and Expenses of the House of Representatives Article 48: Prohibition of Holding other Responsibilities Article 49: The Privileges of the Members of the House of Representatives Article 50: Loss of Membership of the House of Representatives Article 51: Filling Vacant Seats in the House of Representatives Article 52: Staff of the House of Representatives Article 53: The Powers and Duties of the House of Representatives Article 54: The Legislative Powers of the House of Representatives Article 55: The Budget Article 56: Dissolution of the House of Representatives Part Two The House of Elders Article 57: General Provisions of the House Article 58: The Election of the Members of the House and their Period of Office Article 59: Eligibility for Election to Membership of the House of Elders Article 60: The Total Membership of the House of Elders Article 61: The Powers and Duties of the House of Elders Article 62: The Inaugural Meeting of the House of Elders Article 63: The Secretary of the House and Advisers Article 64: The Rules of the House Article 65: The Remuneration and Expenses of the House of Elders Article 66: The Privileges of the Members of the House of Elders Article 67: Resignation of Members of the House of Elders Article 68: Loss of the Membership of the House of Elders Article 69: The Dissolution of the House Article 70: Prohibition of Holding other Responsibilities and of Private Gain Article 71: Meetings and Sessions Article 72: Vacant Seats in the House of Elders and Procedures for Filling them Article 73: The Seat of the House of Elders Article 74: The Introduction of Bills Article 75: The Enactment, Promulgation and Implementation of Legislation Article 76: Bills Article 77: Procedures for Legislation Article 78: Non-Financial Bills Article 79: Accusations against the Members of the Houses THE EXECUTIVE Part One Article 80: The President and the Vice-President Article 81: The Executive Branch Article 82: The Conditions of Eligibility for Election as President or Vice-President Article 83: Election Procedures Article 84: The President and the Vice-President Article 85: Matters which the President and the Vice-President are not Allowed Article 86: Vacancy of Office and the Procedure for the President and the Vice-President to Vacate their Office Article 87: Salary and Emoluments Article 88: Term of Office Article 89: Procedure for Filling the Vacancy Part Two Article 90: The Powers of the President Article 91: Powers of the Vice-President Article 92: Other Powers of the President Relating to Emergency Laws Part Three Article 93: The Protocol of the Senior Leaders of the State Article 94: The Council of Ministers Article 95: The Continuation of Responsibilities Article 96: Accusation against and Impeachment of the President, the Vice-President and the Ministers Part One The Judiciary Article 97: The Judicial Branch Article 98: The Exclusive Powers of the Judiciary Article 99: The Structure of the Judiciary Article 100: The Courts Article 101: The Supreme Court Article 102: The Lower Courts Article 103: The Procuracy Article 104: The Courts and Procuracy of the armed Forces Article 105: The Appointment of the Chairman and Judges of the Supreme Court Article 106: The Relationship of the Judicial Bodies and the Ministry of Justice MISCELLANEOUS PROVISIONS Part One Article 107: The Judicial Commission Article 108: The Functions of the Judicial Commission Part Two Article 109: The Structure of the Country Article 110: The Administration of the Regions and the Districts Article 111: The Regional and District Councils Article 112: The De-centralisation of Administrative Powers Part Three Article 113: Special Organs of State Article 114: The Appointment of and Removal from Office of Heads of the (State) Organs Article 115: The Ulema Council and their Responsibilities Article 116: The Total Membership of the Council and Term of Office Article 117: The Conditions of Membership Article 118: Matters which Members are not Allowed Article 119: The Appointment of the Members of the Ulema Council Article 120: Vacancies in the Membership of the Ulema Council Article 121: Salaries and Remuneration Article 122: The Law of the Organs of State Part Four Article 123: The Principles of the National Armed Forces Article 124: The Police and the Corrections Forces Article 125: The Preparation of the Referendum Law and the Appointment of the Referendum Committee Article 126: Amendments or Corrections of the Constitution Article 127: The Limits of Amendments or corrections of the Constitution Article 128: The Basis of and the Supremacy of the Constitution Article 129: The Constitutional Oath Article 130: The Implementation of the Constitution and Interim Provisions THE CONSTITUTION OF THE REPUBLIC OF SOMALILAND IN THE NAME OF ALLAH, THE COMPASSIONATE AND THE MERCIFUL IN PURSUANCE of the resolutions of the Conference of the Somaliland Communities held in Burao on 27th April to 5th May 1991, which reaffirmed (our) independence with effect from 18th May 1991; NOTING that the Conference of the Elders of the Somaliland Communities held in Borama from 24th January to 25th May 1993 adopted a National Charter[1] which: - laid down that a national constitution which will replace the national charter be prepared and consulted upon within a year; (and) - set out clearly the constitutional principles and the governmental structures, confident in their communities’ inalienable right to decide their destiny; HAVING experienced the direconsequences of the application of a constitution not grounded on the nation’s beliefs, culture and aspirations, as was the case for a period of thirty years[2]; HAVING experienced the devastation wrought by a regime based on dictatorship and a policy of divide and ruleto which the country was subjected for over twenty years, and ever vigilant of the return of such a regime; REMEMBERING the series of struggles waged by the people, such as that of the “Darawiish”[3], religious leaders and political parties; MINDFUL of the vigorous campaign led by the patriotic organisation, the SNM[4], which culminated in the reassertion of (our) independence which was achieved through sacrifice of life and property so that the nation can enjoy a governmental system which meets its needs; DESIROUS of a state which fulfils the aspirations of the nation, and is thereby appreciated by all, and which is founded on equality and justice; RECOGNISING that lasting stability and peace can be achieved through a synergy between the economic system and the aspirations of the nation; CONFIDENT that the Somaliland nation is a family that has everything in common, such as religion, culture, customs and language; and whose members are no different from each other and are ready to build together a state in which everyone has equal status; AWARE that the preparation of the Constitution has gone through various stages and committees, such as the Constitution Working Party which was enjoined by the third Grand Conference on 26th November 1996[5] to sift through the two draft versions of the Constitution; and more recently, the corrections and amendments made by the two Houses of Parliament on 30th April 2000; and that the Constitution was based on the following issues: a. The Islamic Sharia. b. Conclusions from the various consultations. c. The separation of the powers of the state as between the legislative, the executive and the judiciary. d. The decentralisation of the administration of the government. e. Guarantees of private property rights and the protection of the free market. f. Sanctity of human life through the entrenchment of fundamental rights and individual freedoms. g. Peaceful and proper co-existence with the states in the region and world wide; HAVING thoroughly considered the spirit and words of the preamble and the rest of the Constitution; The people of Somaliland hereby approve and proclaim to the whole world on this 31st May, 2001[6], that this constitution has been adopted as the nation’s Constitution. Description of the State, General Principles & Fundamental Rights Part One General Description Article 1: The State of the Republic of Somaliland 1. The country which gained its independence from the United Kingdom of Great Britain and Northern Ireland on 26th June 1960 [7]and was known as the Somaliland Protectorate and which joined Somalia on 1st July 1960 so as to form the Somali Republic and then regained its independence by the Declaration of the Conference of the Somaliland communities held in Burao between 27th April 1991 and 15th May 1991 shall hereby and in accordance with this Constitution become a sovereign and independent country known as “The Republic of Somaliland”. 2. Sovereignty resides in the people who shall exercise it in accordance with the Constitution and other laws. Article 2: The Territory of the Republic of Somaliland 1. The territory of the Republic of Somaliland covers the same area as that of the former Somaliland Protectorate[8] and is located between Latitude 8’ to 11’ 30’ north of the equator and Longitude 42’ 45 to 49’ East; and consists of the land, islands, and territorial waters[9], above and below the surface, the airspace and the continental shelf. 2. The Republic of Somaliland is bordered by the Gulf of Aden to the north; Somalia to the east; the Federal Republic of Ethiopia to the south and the west; and the Republic of Djibouti to the north west. 3. The territory of the nation is inviolable, and shall not be trespassed upon. Article 3: The Capital The capital of the Republic of Somaliland is Hargeisa.
Article 4: Citizenship 1. Any person who is a patrial[10] of Somaliland being a descendant of a person residing in Somaliland on 26th June 1960 or earlier shall be recognised as a citizen of Somaliland. 2. The law[11] shall determine the acquisition or lossof the citizenship of Somaliland. Article 5: Religion 1. Islam is the religion of the Somaliland state[12], and the promotion[13] of any religion in the territory of Somaliland, other than Islam, is prohibited. 2. The laws of the nation shall be grounded[14] on and shall not be contrary to Islamic Sharia. 3. The state shall promote religious tenets (religious affairs) and shall fulfil Sharia principles and discourage immoral acts and reprehensible behaviour[15]. 4. The calendar shall be the Islamic Calendar based on the hijra[16], and the Gregorian Calendar. Article 6: Language 1. The official language of the Republic of Somaliland is Somali and the second language is Arabic. 2. Other languages shall be used, when necessary. Article 7: The Flag, the Emblem and the National Anthem 1. The flag of the Republic of Somaliland shall consist of three horizontal, parallel and equal sections, the top section of which is coloured green and has inscribed in its midst in white in Arabic language (the phrase) La Ilaaho Ila-Allaah Muhammad Rasuulah-Allaah(There is no God, but Allah and Mohammad was his Prophet); the middle section is white and has inscribed in its midst an equally sided five pointed black star; and the bottom section is coloured clear red.[17] 2. The emblem[18] of the nation shall consist of a coffee coloured falcon with (the words), in Arabic language, “ALLAHU AKBAR” (God is great) inscribed on its breast. Below the eagle are two hands shaking, and a set of scales hang above it and come down on both of its sides. The falcon and the scales and hands are in turn surrounded on both sides and below by two strands of green leaves intertwined at the base, and with the Arabic words Bismillahi Rahmani Rahim[19] inscribed at the top gap between the two leaves. 3. The National Anthem shall be determined by law and shall reflect the principles of the Constitution, the national aspirations, and co-operative social order; and shall have its own unique music which shall be different from that of other countries. 4. Any partial or total changes to the flag, the emblem and the national anthem shall be approved by a resolution of the House of Representatives. Part Two General Principles[20] Article 8: Equality of Citizens 1. All citizens of Somaliland shall enjoy equal rights[21] and obligations before the law, and shall not be accorded precedence[22] on grounds of colour, clan, birth, language, gender, property, status, opinion etc.[23] 2. Precedence and discrimination on grounds of ethnicity, clan affiliation, birth and residence is prohibited; and at the same time programmes aimed at eradicating long lasting bad practices shall be a national obligation.[24] 3. Save for the political rights reserved for citizens, foreigners lawfully resident in Somaliland shall enjoy rights and obligations before the law equal to those enjoyed by citizens. Article 9: Political System 1. The political system of the Republic of Somaliland shall be based on peace, co-operation, democracy and plurality of political parties. 2. The number[25] of political parties in the Republic of Somaliland shall not exceed three (3). 3. A special law[26] shall determine the procedures for the formation of a political party, but it is unlawful for any political party to be based on regionalism or clanism . Article 10: Foreign Relations 1. The Republic of Somaliland shall observe all treaties[27] and agreements entered into by the former state of Somalia with foreign countries or corporations provided that these do not conflict with the interests and concerns of the Republic of Somaliland. 2. The Republic of Somaliland recognises and shall act in conformity with the United Nations Charter and with international law, and shall respect the Universal Declaration of Human Rights[28]. 3. The Republic of Somaliland accepts the principles of the self-determination of the nations of the world. 4. It accepts that political disputes which arise shall be settled through dialogue and peaceful means, and shall respect the territorial integrity of other countries. 5. It shall endeavour to replace the long-standing hostility between the countries in the Horn of Africa with better understanding and closer relations. 6. The state of the Republic of Somaliland is an independent republic which has its place among the Arab nations, and the peoples of Africa and the Islamic World, and shall accordingly endeavour to join the United Nations, the Organisation of African Unity, the Arab League and Organisation of Islamic States. 7. The state of the Republic of Somaliland shall oppose terrorism (and similar acts), regardless of the motives for such acts. Article 11: The National Economy 1. The state shall lay down the national economic policy based on the principles of free enterprise and the joint working of private property, public property, the national wealth and foreign investment so as to realise the growth of productivity, the raising of the standard of living, the creation of jobs, and, in general, the advancement of the economy of the nation. 2. In order to ensure that the economic system does not lead to the exclusive enrichment of a group or a small section of the public, and to avoid (both) the creation of economic classes consisting of those who are prosperous and those who are not, and the widening of the economic gulf between the urban and rural communities, the state shall ensure that social benefits and economic opportunities are provided in a just and equitable manner. 3. The state shall ensure the security[29] of foreign investment in the country. Such investment shall be regulated by law[30]. Article 12: Public Assets, Natural Resources and Indigenous Production 1. The land[31] is a public property commonly owned by the nation, and the state is responsible for it. 2. The care and safeguarding of property, endowments and public assets is the responsibility of the state and all citizens; and shall be determined by law. 3. The Government shall have the power to own and possess movable and immovable property; and to purchase, sell, rent, lease, exchange on equivalent value, or otherwise expend that property in any way which is in accordance with the law 4. The central state is responsible for the natural resources of the country, and shall take all possible steps to explore and exploit all these resources which are available in the nation’s land or sea. The protection and the best means of the exploitation of these natural resources shall be determined by law[32]. 5. Where it is necessary to transfer the ownership or the benefits of a public asset, the transfer shall be effected in accordance with the law[33]. 6. The state shall encourage indigenous economic production such as agriculture, livestock, fisheries, minerals, production of frankincense and myrrh and gum etc., and manufacture based on indigenous products. 7. The payment of Zakat[34] is a cornerstone of Islam, and its administration shall be determined by law. Article 13: Banks The state shall establish a Central Bank which shall direct the monetary system and the currency of the nation. The opening of commercial and development banks shall be made possible and private banks shall be accorded preferential status. Article 14: Taxes and Duties 1. The imposition of taxes and other duties shall be based on the interests and well being of the society. Therefore, no taxes or duties which have not been determined by law shall be collected. 2. The levying, waiver and changes in taxes and other duties shall be determined by law. 3. Usury and commercial practices[35] which are against the interests of the society and unlawful enrichment are prohibited. Article 15: Education, Youth and Sports 1. The state shall pay particular attention to the advancement, extension and dissemination of knowledge and education as it recognises that education is the most appropriate investment that can play a major role in political, economic and social development. 2. Education is in the public interest, and is rooted in the experience and the special environment of the Somaliland society. 3. The learning of and training in the Islamic religion is a fundamental path and shall be compulsory at all levels of education. At the same time, the promotion of Koranic schools is the responsibility of the state. 4. Citizens and resident foreigners may open schools and educational or training projects of all levels in accordance with the Education Law[36]. 5. The state shall accord a first priority to primary education, and shall endeavour to spread primary education to the regions and the districts. 6. The eradication of illiteracy and the (provision) of adult education is a national obligation, and the efforts of the public and the state shall be combined to fulfil this obligation. 7. The national policy is that primary education shall be free[37]. 8. In order to ensure a healthy physical and mental growth of the young, and to improve their well being and maturity, the state shall give special attention to the promotion and encouragement of physical education and sports which will be recognised as one of the basic subjects in the educational curriculum of both state and other schools. Article 16: Promotion of Knowledge, Literature, Arts and Culture 1. The state shall promote knowledge and literature, and shall encourage creativity and research. 2. The law shall determine the rights to authoring, creating and inventing[38]. 3. The state shall promote the Arts and the modest culture of the society whilst at the same time benefiting from the knowledge of other world societies. Literature, the arts, and indigenous sports shall be specially encouraged whilst Islamic behaviour is observed. 4. The state shall promote the Arts and the modest culture of the society,[39] and shall eradicate customs which damage religion, development, culture and the health of the society. The production of alcohol and the cultivation or the sale or use of intoxicants (drugs) in the territory of Somaliland are prohibited[40]. Article 17: Health 1. In order to fulfil a policy of promoting public health, the state shall have the duty to meet the country’s needs for equipment to combat communicable diseases, the provision of free medicine, and the care of the public welfare. 2. The state shall be responsible for the promotion and the extension of healthcare and private health centres. Article 18: The Environment and the Relief of Disaster 1. The state shall give a special priority to the protection and safeguarding of the environment, which is essential for the well being of the society, and to the care of the natural resources. Therefore, the care of and (the combating of) the damage to the environment shall be determined by law[41]. 2. The state shall undertake relief in disasters such as famine, storms, epidemics, earthquakes, and war. Article 19: The Care of the Vulnerable of the Society The state shall be responsible for the health, care, development and education of the mother, the child, the disabled who have no one to care for them, and the mentally handicapped persons who are not able and have no one to care for them Article 20: Work, Trade, and the Welfare of Employees 1. All able citizens have a right and a duty to work. The state shall, therefore, be responsible for the creation of work and the facilitating of the skills training of employees. 2. The conditions of work of the young and women, night working and working establishments shall be regulated by the Labour Law. 3. All employees have a right to payment appropriate to the work they undertake, and are free to enter into agreements with their employers on an individual or collective basis. Forced labour is prohibited. 4. The state shall endeavour to create understanding and clear rights between employees and employers and shall accordingly introduce a law[42] (in this respect). 5. Sate employees and members of the armed forces shall be entitled remuneration for their duties and to payments for sickness, injury, or disability in accordance with the law. 6. The state shall promote the support systems, insurance and safety of employees and shall strengthen the relevant responsible bodies. Part Three The Rights of the Individual, Fundamental Freedoms and the Duties of the Citizen Article 21: Implementation and Interpretation 1. The legislative, executive and judicial branches of the state and the local government of the regions and the districts of the Republic of Somaliland, of all levels, shall be bound by the provisions of this Part. 2. The articles which relate to fundamental rights and freedoms[43] shall be interpreted in a manner consistent with the international conventions on human rights[44] and also with the international laws referred[45] to in this Constitution. Article 22: Political, Economic, Social and Electoral Rights 1. Every citizen shall have the right to participate in the political, economic, social and cultural affairs in accordance with the laws and the Constitution[46]. 2. Every citizen who fulfils the requirements of the law[47] shall have the right to be elected[48] (to a public office) and to vote. Article 23: Freedom of Movement and Association 1. Every person who is a citizen or lawfully resident in the country shall be free to move to or settle at any place of his choice, or leave or return to the country at will. 2. The matters (rights) set out in Clause 1 of this Article are subject to any law[49] which forbids the movement to or settlement at specific places or during specific times. 3. All citizens shall have the right to form, in accordance with the law, political[50], educational, cultural, social, and occupational or employees’ associations[51]. 4. Associations with objectives which are contrary to the national interest or are secret or are military in nature or armed or are otherwise against the law, whatever their outward appearance might be, are prohibited. Article 24: The Right to Life, Security of the Person, Respect for Reputation and Crimes against Human Rights 1. Human life is the gift of Allah and is beyond price. Every person has the right to life, and shall only be deprived of life if convicted in a court of an offence in which the sentence laid down by law is death. 2. Every person shall have the right to security of his person. Physical punishment[52] and any other injury to the person is prohibited. 3. Every person shall have the right to have his dignity, reputation and private life respected. 4. Crimes against human rights such as torture, extra-judicial killings, mutilation and other similar acts shall have no limitation periods. Article 25: The Right to Liberty, Guarantees and the Conditions of Rights and Freedoms 1. No person shall be deprived of his liberty except in accordance with the law. 2. No person may be arrested, searched, or detained, except when caught in flagrante delicto,[53] or on the issue of a reasoned arrest warrant by a competent judge[54]. 3. The state shall guarantee to all citizens their rights and freedoms and the punishment for any of their infringements shall be determined by law. 4. The freedoms of the person shall not override the laws protecting the | ||||