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The main laws which govern maritime issues in Somaliland are the pre 1991 laws in so far as they are in accord with the Somaliland Constitution. 1. The Maritime Code, which is based on the 1959 Somalia Maritime Code (large pdf file) (Legislative Decree 1 of 21 February 1959, as amended and extended to Somaliland in 1966 under Decree Law No:7 of 1 November 1966. The Decree Law was converted into Law by Law No:3 of 7 January 1967) and which has been revised by the Somaliland Ministry of Commerce, but has not yet been submitted to the Somaliland Parliament. It is, however, used in so far as it is consistent with the Somaliland Constitution (Article 130(5)) and the ministerial revision has largely achieved that purpose. 2. The Territorial Sea and Ports Law 1972 is applicable to Somaliland but under 130(5) of the Somaliland Constitution all references to “Somalia” now refer to “Somaliland” and Article 2 of the Constitution defines clearly “the territory of the Republic of Somaliland” as “consisting of all the land, islands, and territorial waters, above and below the surface , the airspace and the continental shelf”. The provisions of this 1972 Law have be read with those of the United Nations Convention on the Law of the Sea (UNCLOS). 3. Somaliland considers itself bound by the United Nations Convention on the Law of the Sea, which was ratified by the Somali Democratic Republic on 24 July 1989. 4. SOMALILAND FISHERIES LAW: The Somaliland Ministry of Fisheries has issued a number of circulars on Fishing (Details to follow). The main Fisheries Law (Xeerka Kaluumeysiga) (Law no: 24) was passed in September 1995 and is based on the 1985 Somalia Fishery Law 1985. Note also that Articles 70 and 72, as well as Articles 234 and 235 of the Maritime Code which deal with penalties for the offences of abusive sea fishing and of fishing with prohibited means. REPUBLIC OF SOMALILAND PRELIMINARY PROVISIONS Article 1-3 BOOK: I ADMINISTRATIVE ORGANIZATION OF NAVIGATION CHAPTER I Administrative Organization of Navigation Article 4 - 10 CHAPTER II Maritime Demesne Article 11 - 24 CHAPTER III Administrative Activity, Police and Service in Ports Article 25 - 34 CHAPTER IV Maritime Personnel Article 35 - 38 CHAPTER V Administrative Organization of Vessels Article 39 - 50 CHAPTER VI Maritime Police Article 51 - 65 CHAPTER VII Health Control Service Article 61 - 65 CHAPTER VIII Sea Fishing Article 66 - 72 BOOK II: OWNERSHIP AND FITTING OG VESSELS CHAPTER I Ownership of the Vessel Article 73 - 77 CHAPTER II Operator Article 78 - 91 CHAPTER III Master and Crew Article 92 - 89 CHAPTER IV Employment Contracts Article 99 -110 BOOK III: OBLIGATIONS RELATING TO THE OPERATION OF VESSELS CHAPTER I Hire of the Vessel Article 111-115 CHAPTER II Affreightment Article 116-122 CHAPTER III Carriage of Persons Article 123-126 CHAPTER IV Carriage of Goods Article 127-136 CHAPTER V Bill of Lading Article 137-140 CHAPTER VI Contribution to General Averages Article 141-144 CHAPTER VII Responsibility for Collision of Vessel Article 145-149 CHAPTER VIII Assistance and Salvage Article 150-154 CHAPTER IX Salvage and Finding of Sea-wrecks Article 155-161 CHAPTER X Privileges Article 162-169 CHAPTER XI Mortgage Article 170-173 BOOK IV: PROCEDURAL PROVISIONS CHAPTER I Inquiries and lawsuits for Maritime Accident Article 174-177 CHAPTER II Labour Disputes Article 178 CHAPTER III Enforcement and Other Court-ordered Step Article 179-186 CHAPTER I Crimes Against the Ship’s and Navigation Police Article 187-190 CHAPTER II Crimes Against Ship’s Authorities Or Against Consular Authorities Article 191-195 CHAPTER III Crimes against the Safety of Navigation Article 196-199 CHAPTER IV Crimes against Public Faith Article 200-204 CHAPTER V Crimes against the Ownership Of the Vessel or Cargo Article 205-209 CHAPTER VI Crimes against Persons Article 210-214 CHAPTER VII Infringement of the Provisions Governing the Maritime Demesne Article 215-217 CHAPTER VIII Infringement of the Provisions Governing Police, Port Services And Port of Call Article 218-219 CHAPTER IX Infringement of the Provision Governing the Employment of Sea-faring People Article 220 CHAPTER X Infringement of the Provision Governing the Ownership of The Vessel Article 221-222 CHAPTER XI Infringement of the Provision Governing Navigation Police Article 223-227 For the rest of Chapter XI and the remaining Chapters XII to XIV and Book VI, please refer to the same provisions in the Somali Maritime Code.
MARITIME CODE PRELIMINARY PROVISIONS.
Article1 The sovereignty of the territory embraces the zone of the sea to the distance of six (twelve?) nautical miles along the continental and insular coasts.
The above distance is measured from the coastline marked by the low tide.
The different provisions which might be established by laws, regulation, or international agreements for definite purposes are hereby excluded.
Article 2 Enforcement of the law of the Territory and of the National Law of the Vessel
Somaliland vessels sailing at sea in a zone or space not subject to the sovereignty of any states are considered as Somaliland Territory. Within the limits of the territorial sea (sea Article 1), acts and facts performed on board any vessel and relating to penal, police, health, and public security laws are government by the law of the Territory.
The national law of vessel, instead, governs: ownership; joint–ownership; guarantee rights and forms of publicity; ship-owner’s responsibility for obligations undertaken; powers, duties; and attributions of the ship’s master; employment, hire affreightment, and carriage contracts; contribution to general averages is obligations connected connected with collision between vessels out of the territory is resorted to; obligations arising out assistance, salvage, and rescue. Article 3 Jurisdictional Competence Actions regarding collision of vessels, assistance, salvage or rescue at sea can be brought before the court of the territory if the vessel which caused the collision or which has been assisted or salvaged, or the persons or the properties saved rescued find themselves in the territory. B OOK 1: ADMINISTRATIVE ORGANIZATION OF NAVIGATION
ADMINISTRTATIVE ORGANIZATION OF NAVIGATION
Article 4 Competent Minister The administration of merchant marine is headed by the Minister of Commerce.
Article 5 Administration of the Littoral To the effects of the maritime administration, the littoral of the territory constitutes a single Maritime Zone, with Hargeisa as principal town, the office of which is known as the Port Captain’s Office of Hargeisa. The duties pertaining the Maritime Board for the tract of littoral from Danane to Eil Excluded are performed directly by the Port Captain’s Office of Hargeisa
Article 6 Line of Dependence of Administrative Maritime Board.
The Port Captain’s Office of Hargeisa operates under the Ministry of Commerce Industry & Ports. The Maritime Boards and the Central Maritime Lighthouse and Signalling Office operate under the Port Captain’s Office of Hargeisa. Seashore Delegations and District Maritime Lighthouse and Signalling Services operate under the Maritime Boards.
Article 7 Personnel of the Maritime Administration. As a rule, personnel of the Port Captain’s Office of Hargiesa and of Dependent Boards and Services in taken from the roll of Maritime Services.
Article 8 Attribution of Harbor Masters The Head of the Maritime Zone, the Head of the Maritime Board and the Sea-Shore Delegate are Harbor Masters in ports in which they have their office.
Over and above the attributions set forth in the present code and the regulations, Harbor Masters exercise, within the limits of their respective jurisdiction, all the administrative attributions relating to sailing and traffic are not specifically conferred on other authorities.
Harbor Masters provide also for the technical employment of agents of the Police Corps assigned to the port in connection with the safeguard and safety of persons, preservation of works embarking and landing of passengers, goods and ballast and, general, supervision maritime service.
Article 9 Replacement of Consular Authorities by Harbor Masters Harbor Masters can replace foreign Consular Authorities as regarding both the visaing of the Ship’s documents and the possible assistance to foreign merchant vessels, in case there is no Consular Authority and express request of the ship’s master.
Article 10 Supervision of Shipping and Traffic Abroad Supervision of shipping and national traffic abroad is exercised by consular Authorities.
MARITIME DEMESNE.
Article 11. Possession, Pertinence and Use of the Maritime Demesne. The Maritime demesne includes; beaches, shore, ports, bays, inlets, mouths of rivers flowing into the sea, basins of salt or selfish water which directly Communicate with the sea, also is not regularly. Buildings and other works belonging to the administration, exiting within the limits of the maritime demesne and of the territorial sea, are considered as pertinence of the same demesne. The maritime administration regulates the use of the maritime demesne and exercises policing on the same. Article 12 Zone of the Maritime Demesne The shore shall include that portion of the coast-line extending as far as the highest water mark at the high tide.
The extension of the shore shall be determined by the maritime offices on the Basis of ascertainment-s carried out locally and of the testimony of elder persons who are familiar with the place. The beach shall include the land next to the shore, which can be destined for the public use of the sea. Where the extension of the beach is not determined by the subsequent articles, it shall extend as far as the nearest land publicly or privately owned. Article 13 Delimitation of Zone of the Maritime Demesne The delimitation of specific zones of the maritime demesne with respect to public or private property referred to sub. Article 12, third paragraphs, is affected by the Head of the Maritime Zone any time necessary or deemed advisable.
Delimitation, however, can be requested, also by the neighbouring proprietors concerned. Preliminary, delimitations, following authorization by the Minister of Commerce, Industry & Ports, are effected by the Head of the Maritime Zone. Disputes arising in the course of delimitation are decided in an administrative way by the Minister of Commerce, Industry & Ports in agreement with the Minister of Finance. In disputes before juridical Authorities, a protection of estates pertaining to the demesne of the sole competence of the Minister of Finance
Article 14 Decree of Delimitation The delimitation of the maritime demesne is provided for by decree of the Minister of Commerce, Industry & Ports. Whoever has not put forward any claim before the administration within 180 days from the notice and publication of the Minister’s decree cannot demand that delimitation be revoked or changed If so, the administration can accept his claim and pay an indemnity corresponding to the fair price of the property or of his rights, to be estimated exclusively on the basis of their condition prior to the delimitation decree.
Article 15 Exclusion f Zones from the Maritime Demesne and Destination of Maritime Demesne Zones Other Uses. The exclusion from the maritime demesne of zones, which cannot be used for public sea uses and the temporary destination of parts of the maritime demesne to other public uses are provided for by decree of the Minister of Commerce, Industry & Ports in agreement with the Minister of Finance.
Article 16 Prohibition of Occupation of or Innovation on Properties of the Maritime Demesne or of the Territorial Sea Unauthorized occupation of and innovation on properties of the maritime demesne, their pertinence, and he territorial sea are prohibited.
The Harbor Master is responsible for ordering to the infringe-r to restore the properties to their former condition within the time established and, in case of non-compliance, for effecting the same of the expense of the person concerned, after authorization of the Minister of Commerce, Industry & Ports, save for panel action against the infringer.
Article 17 Concession of Demesne Properties and Extraction and Other Materials The maritime administration, consistently with the needs connected with public use, can grant occupation and use, also exclusive of properties of the maritime demesne or zones of the territorial sea for a definite period of time
Concessions, the duration of which exceeds two years, those not exceeding two years but involving installations which are difficult to remove, as well as those for which, in consideration of the object and purpose of the concession, the administration assumes special obligations before the concessionaire, are granted upon decree of the Minister of Commerce, Industry & Ports.
Other concessions, including those relating to the extraction and gathering of stones and other materials, are granted upon a licence issued by the Head of the Maritime Zones.
In case various concessions requests are submitted, preference is given to the person who offers greater guarantees of profitable utilization of the concession and intends to avail himself of it for an use which, in the judgement of the administration, is consistent with amore relevant public interest. When the above.
Reasons of preference do not exits, preference is given to the preceding concessionaire.
Article 18 Concession Rent In return for occupation and use of demesnial properties, the concessionaire must pay the administration a rent, the amount of which is established in the act of concession.
During the period of validity of the concession, the rent can be adequately reduced only in case of partial revocation of the concession, or when the utilization of the latter is partially limited by the natural causes, which modify the property, conceded. The obligation to bay the rent ceases with the expiration of the concession or upon renunciation of the concessionaire to the property conceded, or for total failure of utilization owned to natural causes of utilization of the concession, for total revocation and, save for the current year, for cancellation of the concessionaire.
As regards concessions for charity or other purposes of public interest, rents are fixed for the simple recognition of the demesnial nature nature of the properties conceded.
Article 19 Revocation of the Concession All or part of any concession can be revoked for specific reasons connected with the public use the sea or for other reasons of public interest, at the discretional judgement of the Maritime Administration.
Revocation is decided by the authority, which has granted the concession unless otherwise provided, in the case concessions which involved fixed installations, the Maritime Administration is obliged to pay an indemnity installations as the remaining years up to expiration.
In any case, this indemnity shall not exceed the value of the installations ot the time of revocation.
In case of partial revocation, the concessionaire can renounce to the concession by notifying his decision to the grating authority within the term of 60 days from the order of revocation.
Article 20 Cancellation of the Concession The maritime administration can declare the cancellation of the concession:
a) For non-performance of the works ordered in the Concession Act, or for failure to begin management within the team granted;
b) For failure to use the concession continually during the period fixed to this effected in the Concession Act, or for bad use;
c) For substantial unauthorized change of the purpose for which the concession had been granted;
d) For non-payment of the rent for the number of instalment established to this effect in the Concession Act;
e) For abusive substitution to other to other person in the use of the concession.
f) For non-compliance of the obligation deriving from the concession or prescribed by the provision of laws regulations
In case sub. a) And b), the administration can grant a delay to the concessionaire.
Before declaring cancellation, the administration fixes a date within which the person concerned can present his defence.
Cancellation is provided for by the granting authority.
The concessionaire who lost the concession is not entitled to reimbursement either for works effected or for expenses borne.
Article 21. Mortgage on Works built on Demesnial properties and Subrogation in the Concession. When the concessionaire intends to constitute a mortgage on works built by him on decennial properties, and substitute other persons in the use of concession, he must request authorization to the granting authority.
In case of sale or enforcement, the purchaser or the assignee of the works or installations built by the concessionaire on demesnial properties cannot succeed in the concession without being authorized by the granting authority.
In case of death of the concessionaire, heirs succeed in the concession but must request its confirmation within six months under pain cancellation of their rights. Provisions regarding revocation are applicable if the administration does not technical ability and financial standing of heirs.
Article 22 Devolution of Fixed Works. When the concessionaire is declared cancelled and unless otherwise established in the Concession Act, at the expiry of the concession, fixed works on the demesnial zone become owned by the administration without indemnity or reimbursement; the granting authority, however, can order their demolition to restore the properties to their former condition at the concessionaire’s expense.
Article 23 Rules governing the use of Demesnial Properties In places where it is recognized advisable, the Harbor master regulates, in agreement with the custom Authority, the destination and use of areas and pertinence of the demesne for loading, unloading. And temporary stay of
Goods or materials for a period of time exceeding that necessary for ordinary port operations.
The customs Authority is responsible for granting the single authorization and fixing stays duties.
Article 24 Installation and management for factories and storage of flammable products Concessions for the installation management of factories and coastal storage of flammable products, located also only in part within the limits of the maritime demesne or the territorial sea, are granted in accordance with the provisions of the present chapter upon decree of the ministry of commerce, industry & ports, after hearing the council of ministers.
Concessions for stations selling fuel, mineral oil and related by- products as well as for coastal storage of flammable products with a capacity not exceeding 105. 94 cubic feet (20 feet meters) are granted by the Minister of Commerce, industry & Ports.
Installation and management of factories, storage, and station referred to above are subject to the special provisions of the regulation
ADIMINSTRATIVE ACTTIVITY, POLICE AND SERVICE IN PORTS
Article 25 Rules governing ship movements and maneuvers, and port activities The Harbor Master regulates and superintends the entry and leaving, shifting anchorage, and mooring of vessels, use of buoys in ports, loading, unloading and storing of goods, imparking and lading of passengers, operations of the maritime lighthouse and signalising service, fire and measures against fire, taking any step in connection with security and police of port and adjacent areas, with the power of ordering the mooring, unmooring and any other maneuver of vessels within the port; the same authority can carry out itself, in case of need, the maneuver ordered at the expense of the vessels concerned.
Article 26 Removal of Submerged Materials and Vessels In case of submersion of goods or other materials in ports, the person concerned must provide for their immediate removal.
Should they fail to fulfil this obligation causing, in the judgement of the Head of the Maritime Zone, a danger or hindrance to navigation, the letter authority will order that removal be carried out.
In case of submersion of vessels in port or any place of the territorial sea in which, in the judgement of the Head of the Maritime Zone, a danger or hindrance for navigation can arise, the letter authority orders the owner to remove the wreck, fixing a date for performance after hearing the Department of public Works and the Maritime Technical Office.
Should the owner fail to comply with this order, the above authority will order that removal be carried out.
The Minister of commerce, industry & ports decides on removals, procedures for their carrying out and the possible sale on behalf of the administration of
Material and wrecks salvaged as well as on the amount of reimbursement of expense due to the administration by owner who, in case of submerged vessels not exceeding 300 GRT, are obliged to the payment of removal only within the value of the wrecks salvaged.
Article 27 Assistance to Vessels in Danger The Harbor master, If aware of a vessel being in danger or of a ship-wreck or other accident must immediately provide for assistance, and, if it has unavailable and cannot find the necessary means, inform authorities who are in condition to effectively intervene.
When the maritime Authority cannot intervene in time, the first necessary steps are made by any other government authority on the place.
In order to provide assistance, the Maritime Authority or, in default, any other government authority on the place can order that vessels in the port or in ist neighbourhood be put at their deposal together with their crews.
Indemnities and rewards for assistance given by these vessels are established and paid according to the provisions governing assistance and salvage.
Article 28 Supervision of Port Activities-Disorders in Ports and on Vessels. Activities carried out by anyone in ports or, generally, within the limits of the maritime demesne are subject to the supervision of the Maritime Authority.
In case of disorders in ports or on vessel staying therein, the Maritime Authority, when informed, provides to re-establish the requesting, if necessary, the cooperation of police.
Article29 Damages to Works and Other Ports or Maritime Installations If damages are caused to works or port or maritime installations, the Maritime Authority, after ascertaining their extend through technical bodies, orders the responsible person to carry out, within a determined date, the necessary repairs.
In case of urgency or in case of non-performance on the part responsible persons, the Maritime Authority carries out itself these repairs which are decided by the Ministry of Commerce, Industry & Ports.
When the above damages are caused by a vessel, the Maritime Authority must request the deposit of a sum as guarantee for payment of expenses borne to carry out the repairs.
Article 30 Fishing, use of explosives and lighting of fires in ports. In ports and other places of call or passage of ships, fishing, deflagration of explosive substances, as well as lighting of lights or fires which are likely to trouble the signalling service, are subject to the authorization of the Maritime Authority, at its judgement.
Article 31 Personnel not Qualified for Pilot age. Sea-faring people and fishers required to furnish assistance for guiding a vessel to anchorage or in a given difficult passage, can take up the job provided that as soon as they are on board state their quality and declare that they are not qualified for pilot age; they are liable for damages suffered by the vessel only when it is proved such damages derive from wrong information and indications given by them to determine the route.
Article 32 Port Labor Port laborers are people with any position in charge of loading, unloading, stowing, unstowing, transhipment, freight handing on quays and in warehouses, shifting of goods and persons in general, as well as complementary operations involving personal work or use of floating or land transportation means mechanical or implements.
Article 33 Harbor Contracting Work. The carrying out of port operation ob behalf of third parties by business enterprises or individuals, is subject to concession upon decree of the Minister of Commerce, Industry & ports.
Concession can be granted to port laborers cooperatives. Tariffs for port operations re established in accordance with the terms provided for in the Concession Regulations.
Article 34 Port labor Councils If considered advisable, Port Labor Councils can be set up in ports upon decree of the Minister of Commerce, Industry & Pots. These councils assist the Harbor Master on ports labor matters.
MARITIME PERSONNEL.
Article 35 Sea-faring People and Personnel employed in Maritime Activities of Ports Maritime personnel, in relation to the work performed, includes (a) sea-faring people, and (b) personnel employed in maritime activities of ports.
The former category includes people with any rank of position who constitute the crew on ships, dhows, and mechanically propelled craft. | |||