THE (INTERIM) CONSTITUTION OF THE REPUBLIC OF SOMALILAND
ENGLISH TRANSLATION
This is an unofficial English Language translation of the Constitution of the Republic of Somaliland which was prepared by Ibrahim Hashi Jama LL.B, LL.M.
Ibrahim was a Somali lawyer who has worked in the mid 1970’s at the Legislation & Legal Advice Department of the Somali Ministry of Justice and was a member of the s national Legislation Drafting Committee (Gudiga Xeerdejinta) and the Editorial Board of the Somali Law Review.
Preface:
The Constitution consists of a Preamble (Arar) and five main Chapters (Qaybo) each of which is sub-divided into Sections (Xubno). There are a total of 156 Articles (Qodobo) in all the Sections.
Translating a Constitution (or any other law) requires precision of language and where additional words which are not in the original Somaliland version of the Constitution are required to express more accurately the meaning of the phrases and legal concepts, these are put in italics and in brackets. Clearly, for interpretation purposes, the Somali version is the official source document, and will remain so even if an official English Language version is issued by the Somaliland Government. However, to enable a better understanding of the Constitution, I have added, sparingly, footnotes to explain some of the concepts.
It remains to be said that all errors and omissions- are mine, and I would be grateful to receive any comments or criticisms.
Ibrahim Hashi Jama
1999
THE (INTERIM) CONSTITUTION OF THE REPUBLIC OF SOMALILAND
PREAMBLE
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 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, trustful of their inalienable right to decide their destiny.
HAVING experienced the dire consequences of the application of a constitution not grounded on national beliefs, culture and aspirations as was the case for a period of thirty years;
HAVING experienced the devastation wrought by a regime based on dictatorship and a policy of divide and rule to 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”[1], religious leaders and patriots;
MINDFUL of the vigorous campaign led by the patriotic organisation, the SNM[2], 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 durable stability, peace, and the (proper) management of the national economy and the realisation of the national aspirations can be achieved;
CONFIDENT that the Somaliland nation is a family that has everything in common, such religion, culture, customs, language and whose members are no different from each other and are ready to build together a government in which everyone has an equal stake;
AWARE that the preparation of the Constitution has gone through various stages and committees, the last one of which was its consideration by the Constitution Working Party which was enjoined by the third General Conference on 26th November 1996 to sift through the two draft versions of the Constitution, and in particular, to consider the following issues:
a. the Islamic Sharia,
b. conclusions from the various consultations,
c. the separation of 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 personal freedoms,
g. peaceful and proper co-existence with the states in the region and world wide;
HAVING thoroughly considered the provisions of the preamble and the Constitution;
The people of Somaliland hereby approve and proclaim to the whole world on this …… day of …… 199-, that this constitution has been adopted as the nation’s Constitution.[3]
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CHAPTER ONE
Forward and General Principles
Section One
General Provisions
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 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 (hereafter referred to, sometimes, as 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 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, 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 inviolate; and cannot be trespassed upon.
Article 3: The Capital
The capital of the Republic of Somaliland is Hargeisa.
Article 4: Citizenship
1. Any person born in Somaliland, who is the descendant of a person residing in Somaliland on 26th June 1960 or earlier, shall be recognised as a citizen of Somaliland.
2. The law shall determine the acquisition or loss of the citizenship of Somaliland.
Article 5: Religion
1. Islam is the religion of the nation; and the promotion of any religion in the territory of Somaliland, other than Islam, is prohibited.
2. The laws of the nation shall be grounded on, and shall not be valid if they are contrary to, Islamic Sharia.
3. The Government shall promote religious tenets (religious affairs), and shall fulfil Sharia principles and discourage immoral acts and reprehensible behaviour.
4. The calendar shall be the Islamic Calendar based on the hijra[4] 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 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.[5]
Article 8: The Emblem
The emblem[6] 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 eagle and (and the scales and hands) are in turn surrounded on both sides and below by two strands of green leaves, which have in their midst inscribed in Arabic language, Bisimallhi rahmani rahim.[7]
Article 9: The National Anthem
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 is different from that of other national anthems.
Article 10: Equality of Citizens
1. All citizens of Somaliland shall enjoy equal rights and obligations before the law; and shall not be favoured on grounds of colour, clan, birth, language, gender, property, status, opinion etc.[8]
2. Ranking and discrimination on grounds of ethnicity, clan affiliation, birth and residence is prohibited.
3. Foreigners lawfully resident in Somaliland shall enjoy rights and obligations before the law equal to those enjoyed by citizens.
Section 2
General Principles
Article 11: 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 of political parties in Somaliland shall not exceed three.
3. A special law shall determine the procedures for the formation of a political party, but it is unlawful to for any political party to be based on regionalism or clanism .
Article 12: Foreign Relations
1. The Republic of Somaliland shall observe all treaties and agreements entered into by the former government of Somalia with foreign countries or corporations provided that these do not conflict with the interests 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.
3. The Republic of Somaliland accepts the principles of co-operation amongst 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 disputes between the countries in the Horn of Africa with better understanding and closer relations.
6. The state[9] 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 the Islamic Conference.
7. The state of the Republic of Somaliland shall oppose terrorism etc.[10] (and similar acts), regardless of the motives for such acts.
Article 13: The National Economy
1. The Government shall lay down the national economic policy based on free enterprise and the joint working of private property, hantida wadaareed, public 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 promotion of the economy of the nation.
2. In order to ensure that economic system does not lead to the exclusive enrichment of a group or a small section of the public, which will create divisions among those who are prosperous and those who are not and the widening of the economic gulf between the urban and rural communities, the Government shall ensure that social benefits and economic opportunities are provided in an equitable manner.
3. The Government shall ensure the security[11] of foreign investment in the country; and such investment shall be regulated by law.
Article 14: Economic Development
The Government shall encourage the indigenous economic production such as agriculture; livestock; fisheries; minerals; production of frankincense and myrrh and gum etc., and the manufacture of local products.
Article 15: Public Assets
1. The safeguarding and care of public assets is the responsibility of the Government and all citizens; and any damage to them shall be dealt with in accordance with the law.
2. Where the ownership or the benefits of a public asset are considered to be necessary to be transferred, these may be transferred in accordance with the law.
3. The Government is responsible for the care, improvement and betterment of religious endowments (Awqaaf), and the law shall determine their management.
4. The payment of Zakat[12] is a cornerstone of Islam, and its administration shall be determined by law.
Article 16: “Natural Resources and Land”[13]
1. The central government 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 resources shall be determined by law.
2. All the (common) land is the property of the nation, and the Government is responsible for it.
Article 17: Banks
The Government shall establish a Central Bank which shall control the monetary system and the currency of the nation. The opening of commercial and development banks shall be made possible and special banks shall be accorded preferential status.
Article 18: Taxes and Duties
1. The imposition of taxes and other duties shall be based on the welfare and well being of the society.
2. The imposition, non-payment and changes in taxes and other duties shall be determined by law.
3. No taxes or duties may be imposed without due process of law.
Article 19: Usury
Usury and financial practices which are against the interests of the public and unlawful enrichment are prohibited.
Article 20: Education
1. The Government shall pay particular attention to the promotion, development and the wide transmission of knowledge and education as it recognises that education is the best investment which can play a major part in political, economic and social development.
2. (The pursuit of ) education is in the public interest; and is rooted (kuna habeesan waayaha) in the experience and the (deegaanka gaar ahaaneed) special culture of the Somaliland society??
3. The learning of and training in the Islamic religion is a fundamental issue (dariiqad?); and will be compulsory in all levels of education.
4. All citizens and resident foreigners may open schools (or institutions) for education or training of all levels in accordance with the Education laws.
5. Vocational and skills training shall be accorded a (first) prority.
6. The promotion of Koranic schools is the responsibility of the Government.
Article 21: Primary Education
1. The Government shall accord a (first) priority to primary education; and shall endeavour to spread primary education in the regions and the districts.
2. The aim of the Government is that education should, as soon as possible, be free.
Article 22: Eradication of Illiteracy
The eradication of illiteracy and the (provision) of adult education is a national objective, and the efforts of the public and the Government should be combined to fulfil this object.
Article 23: Promotion of Knowledge and Literature
1. The Government shall promote knowledge and literature; and shall encourage creativity (innovation) and research.
2. The law shall determine the rights to authoring, composing and inventing (intellectual property).
Article 24: Youth and Sport
In order to ensure a healthy physical and mental growth of the young, and to improve their well being (dareenkooda) and maturity, the Government 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 in both state and other schools.
Article 25: Promotion of Arts and Culture
1. The Government 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 national sports will be specially encouraged whilst islamic behaviour is observed.
2. The Government shall foster good customs and shall aim to rid the society of (bad) customs which damage the religious beliefs, development, culture and health of the society; and will set a programme for combating such (bad) customs.
3. The manufacture of beers and alcoholic drinks and the manufacture, sale and use of drugs in the territory of Somaliland is unlawful.
4. The Government shall set a programme for changing habits so as to combat the use of Khat and the smoking of cigarettes etc.
Article 26: Settlement and Disaster Relief
1. The safeguarding of settlements is essential for the well being of the society and the care of the natural resources; and the Government shall give particular attention to the welfare and security of settlements.
2. The Government shall undertake relief in disasters such as famine, storms, epidemics, earthquakes, and war.
3. The punishment of crimes against settlements shall be determined by law.
Article 27: Health
1. In order to fulfil a policy of promoting general health and welfare, the Government shall have the duty of eradicating diseases from the country, prevention of communicable diseases, provision of free medicines and care of the general welfare (?).
2. The Government shall be responsible for the promotion and the development of healthcare and special healthcare centres
Article 28: The Welfare of the Family
The family is the foundation of the Islamic society, and is grounded on religion, morality and culture. The Government will therefore be responsible for the well-being and protection of the mother and child.
Article 29: Child Care
1. The Government shall be responsible for the care, development or education of orphaned children who have no one to care for them.
2. The Government shall care for children whose parents died in the defence of the country.
Article 30: Care of the Disabled, the Elderly and the Mentally Handicapped
The Government shall be responsible for the care of the disabled and the elderly who have no one to care for them; and of the mentally handicapped persons.
Article 31: Work and Labour
1. All able citizens have a right and a duty work. The Government shall therefore be responsible for the training of citizens in technical and professional skills.
2. The employment of the young and women, night working and working establishments will be regulated by the Labour Law.
3. Except as provided by law, forced labour is unlawful in the Republic of Somaliland.
4. All employees have a right to payment appropriate to the work they undertake, and are free to enter into agreements with their employers.
5. All employees have a right to form trades or professional associations which can enter into disputes and agreements with their employers; and the Government shall endeavour to create co-operation between employees and employers and shall accordingly introduce a law (in this respect).
Article 32: The Welfare of Employees
1. Employees are entitled to weekly rest and annual holiday.
2. The weekly hours and days of work and rest days shall be generally determined by law.
3. State 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.
Article 33: Insurance and Safety
The Government shall promote the (habka taakulaynta), insurance and safety of employees and shall strengthen the responsible Bodies.
Section 3
The rights of the individual, fundamental freedoms and the duties of citizens
Article 34: 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 covered by the provisions of this Section.
2. The articles which relate to rights and freedoms shall be interpreted in a manner consistent with the international conventions on human rights and international laws referred to in this Constitution.
Article 35: Political, Economic and Social Rights
Every citizen shall have the right to participate in the political, economic, social and cultural affairs in accordance with the laws and the Constitution.
Article 36: Electoral Right
Every citizen who fulfils the requirements of the law shall have the right to be elected (to an office) and to vote.
Article 37: Freedom of Movement
1. Every person who is a citizen or lawfully resident, shall be free to move or settle any where in the country, or leave the country or return at will.
2. The matters set out in Clause 1 of this Article are without prejudice to places where and times when the law restricts movement or settlement.
Article 38: Freedom of Assembly
1. All citizens shall have the right to form, in accordance with the law, political, educational, cultural, occupational or employees’ associations.
2. Associations which have objectives which are contrary to the public interest or are secret or are military in nature or armed or are against the law, whatever their outward appearance might be, shall be prohibited.
Article 39: The Right to Life
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 it is proved in a court (of law) that he committed an offence punishable by death.
Article 40: The Right to Security of the Person
Every person shall have the right to security of his person. Physical punishment and any other injury to the dignity of the person is prohibited.
Article 41: The Right to Liberty
1. No person shall be deprived of his liberty except in accordance with the law.
2. No person may be detained, searched, or imprisoned without subsequent involvement of or an arrest warrant properly issued by a competent judge.
Article 42: Crime and Punishment
1. Crimes and (their) punishment shall be laid down by the law; and no punishment shall be administered in a manner which is contrary to the law.
2. The liability for the punishment of any crime shall be confined to the offender only.
3. An accused person is innocent until proven guilty in a court (of law).
Article 43: The Rights of Persons Deprived of their Liberty
1. Any person who is deprived of his liberty has a right to meet as soon as possible his advisers, relatives or any other persons he asks for.
2. Any person who is arrested or detained in custody for allegations of criminal offences, shall have the right to be brought before a court within 48 hours of his arrest or detention.
3. No person shall be compelled to proffer a confession, a witness statement or testimony under oath. Any such matters (evidence) obtained under duress shall not be valid.
4. No person shall be detained in a place which is not determined by law.
5. The law shall lay down the maximum period in which a person can be detained in custody pending investigations.
6. Any accused person who is convicted by a court shall have the right to appeal to a higher court.
7. When a person is detained in custody or his detention is extended, he shall have the right to have his status communicated to any person he so chooses.
8. Prisons are for reform and rehabilitation; and the Government is responsible for the rehabilitation and skills training of prisoners so that they can return to society with reformed characters.
9. The punishment for the infringement of clauses 1 to 7 of this Article shall be determined by law.
Article 44: Right to Trial and Defence
1. Every person shall have the right to institute proceedings in a competent court in accordance with the law.
2. Every person shall have the right to defend himself in a court.
3. The state shall provide free legal defence in matters which are determined by the law, and court fees may be waived for the indigent.
Article 45: The Sanctity of the Home
The home and other dwellings shall be inviolable; and their surveillance, search and entry shall not be allowed without a duly issued order from a judge. Any such order must be properly read to the proprietor or occupier before entry is effected. It is prohibited for any person carrying out a search to contravene the order of a judge.
Article 46: Freedom of Communication
No person’s private written communication, postal letters, or telecommunications shall be interfered with except in matters in which the law allows their investigation, tracing or interception and a duly issued order from a judge has been obtained.
Article 47: The Right to Own Property
1. Every person shall have the right to own private property which is acquired lawfully.
2. Private property acquired lawfully shall not be expropriated except for reasons of public interest and provided that proper compensation is paid.
3. The law shall determine matters which are within the public interest which may bring about the expropriation of private property.
Article 48: Freedom of Public Demonstration and Expression of Opinion
1. Every citizen shall have the freedom, in accordance with the law, to express his opinions orally, visually or artistically or in any other way.
2. Every citizen shall have the freedom, in accordance with the law, to organise or participate in any peaceful assembly or public demonstration.
Article 49: The Right to Dignity and Private Life
Every person shall have the right to have his dignity, reputation and private life respected.
Article 50: Freedom of Belief
1. Every person shall have the right to freedom of belief, and shall not be compelled to adopt another belief. Islamic Law does not accept that a Muslim person can discard his beliefs.
2. The Mosque is a blessed place and deserves veneration. It is the place for preaching religion and for providing the nation with guidance in spiritual and temporal matters; and sedition therein is prohibited. The Government shall be responsible for its general protection and support, as is practicable.
Article 51: Freedom of the Press and other Information
The press and other methods of public information are part of the fundamental freedoms of expression of opinion and are independent. All acts to subjugate them are prohibited, and a law shall determine their regulation.
Article 52: Guarantees and the Provisions of Rights and Freedoms
1. The Government shall guarantee to all citizens the rights and freedoms, and the punishment for any of their infringements shall be determined by law.
2. The freedoms of the person shall not override the laws protecting the national interest, the security of the country or the rights of other individuals.
Article 53: The Duties of the Citizen
1. Every citizen shall, in accordance with the law, have the duty to strengthen the unity of the nation, the protection of the sovereignty of the state, and the defence of the country and the religion.
2. Every person has the duty to respect the Constitution and the laws of the country.
3. Every person has the duty to pay promptly his taxes and other duties as imposed under the law.
4. Every person shall have the duty to protect the well-being, security and the peace of settlements.
Article 54: Punishment for Non-fulfillment of Duties
The law shall determine the punishment for the derogation from the duties imposed in Article 53.
Article 55: Crimes Against Human Rights
Crimes against human rights such as torture, extra-judicial killings, mutilation etc shall have no limitation periods.
Article 56: Extradition and Asylum
1. The Republic of Somaliland shall extradite to their countries convicted or accused foreigners if there is a treaty between the Republic of Somaliland and the country requesting their extradition.
2. Any foreigner who enters the country lawfully resident in the country and requests political asylum may be accorded asylum if he fulfils the conditions necessary for the grant of asylum.
3. The extradition of a Somaliland citizen to another country is prohibited.
Article 57: The Rights of Women
1. The rights, freedoms and duties laid down in the Constitution are to be enjoyed equally by men and women save for matters which are specifically ordained in Islamic Law.
2. The Government shall promote the right of women to be free of practices which are contrary to Sharia and which are injurious to their person and dignity.
3. Women have the right to own, manage, safeguard, trade in, sell or buy property in accordance with the law.
4. In order to raise the levels of education and income of women, and in particular, the welfare of the family, women shall have the right to be offered education in home economics and have opened for them vocational and technical schools and adult education.
Article 58: ( General Principles)
General principles shall not enforced by the courts, but shall be of guidance to the Government in the fulfilment of responsibilities in relation to the implementation of the laws.
CHAPTER 2
THE STRUCTURE OF THE STATE
Article 59: The Powers and Sovereignty of the State
1. Allah who created the Somaliland state in this land has endowed it with sovereign status and powers. The people of the Republic of Somaliland has vested the power as set out in this Constitution in a Government which shall be founded on, and shall act in accordance with, the Constitution.
2. The structure of the state shall consist of three branches which are: the legislative, the executive and the judiciary. The separation of the powers of these branches shall be as set out in the Constitution. Each branch shall exercise independently the particular powers accorded to it under the Constitution.
Section 1
The Legislative Branch
Article 60: The Parliament
1. The legislative powers of the Republic of Somaliland are vested in the Parliament which shall consist of two chambers which are the House of Representatives and the House of the Elders.
2. The power to legislate cannot transferred to anyone outside the Parliament.
3. All bills passed by the Parliament shall come into force when the President promulgates them in accordance with the Constitution.
4. The Parliament shall fulfil its duties in accordance with the Constitution and other subordinate legislation.
5. The most important objectives of the Parliament’s duties are as follows:
a) The protection of the peace and security of the Republic and the sovereign rule over its land, sea and air.
b) The Republic of Somaliland to adopt all the laws necessary in a muslim state.
c) The implementation of the laws of the Republic; the establishment of a system of justice which is the foundation for general order; and co-operation between the members of the Somaliland public and their reliance on each other.
6. The two Houses of the Parliament shall hold joint and separate sittings.
Article 61: Joint Sittings of the Two Parliamentary Chambers
The two Houses of the Parliament may sit jointly when considering matters such as the following:
a) The receipt of the Report of the President on the opening of one of the two chambers;
b) The debates on the Republic of Somaliland joining an international or cross regional organisation, or the ratification of international or regional treaties;
c) The Resolution on and declaration of war when the Republic of Somaliland is faced with war;
d) The debates on the removal from office of the President and the Vice-President;
e) The debates on natural disasters;
f) The debates relating to emergency laws;
g) The debates on the confirmation of the appointment of the Chairman of the Supreme Court; and
h) Any other matters considered by the two chambers as meriting joint sittings.
The House of Representatives
Article 62: General Provisions of the House
The House of Representatives consists of representatives of the public; and forms the first part of the country’s legislative, passing laws and approving and overseeing the general political situation and the leadership of the country.
Article 63: The Number and Election of the House
The House of Representatives shall consist of 82 members who shall be directly elected by secret ballot in a free general election.
Article 64: Eligibility for Candidacy
Any person who is standing for election to the House of Representatives must fulfil the following conditions:
1. He must be a muslim and must live according to the Islamic religion.
2. He must be a citizen and his aged less than 35 (thirty five years).
3. He must be physically and mentally able to fulfil his duties.
4. He must be educated to secondary school level or, at least, equivalent.
5. He must not have been subject of a final sentence by a court within the last five years.
6. He must be a responsible person with appropriate character and behaviour.
7. No employee of the Government shall be eligible for candidacy unless he has requested resignation from his office prior to a period determined by the law. Such resignation shall be accepted.
Article 65: Period of Office and Election Terms
1. The period of office of the House of Representatives is 5 (five) years beginning from the date when the Supreme Court makes the electoral declaration.
2. The President shall announce the election of the new House a month before the expiry of the period of office of the outgoing House.
3. If the election of the House of Representatives cannot be conducted because of dire circumstances, the outgoing House shall continue in office until the end of these circumstances and a new House can be elected. Dire circumstances are: a wide war, internal instability, serious natural disasters, such as earthquakes, epidemic diseases, (and) serious famines; and shall be determined by a resolution of the House of Elders on the proposal of the Council of Government.
Article 66: The Seat of the House of Representatives
The seat of the House of Representatives is the Capital City.
Article 67: The Convening of the new House
1. The new House shall hold its inaugural meeting within 30 (thirty) days from the date when the electoral declaration is made; and shall be convened by the president of the Republic.
2. If the President fails to convene the inaugural meeting, the House shall meet on its own initiative on the 45th (forty fifth) day beginning from the date when the electoral declaration is made.
3. The new House shall be opened by the Chairman of the Supreme Court who shall administer the oath of office of the members. The meeting of the House shall then be chaired by the oldest member (in age), and the House shall then elect among its members a Speaker and a Deputy Speaker.
Article 68: The Meetings of the House of Representatives
1. The meetings of the House shall are open, but can also be closed; and will be set out in regulations.
2. The quorum of the meetings of the House is the presence of over half of its membership disregarding the vacancies which have been announced.
3. The resolutions of the House shall be passed by a simple majority of the members present at the meeting, with the exception of constitutional issues or subordinate legislation which the House proposes for adoption by a qualified majority.
4. The postponement of a meeting shall be carried by a simple majority (by 1 vote); and the meeting can then be postponed for a maximum of (7) seven days.
5. Ministers and Deputy Ministers have a duty to attend the meetings of the House of representatives if requested in writing to do so; and they shall have the right to participate on the debate, but can not vote. In the same way, the President may ask the Vice-President or a Minister to attend on his behalf the meetings of the House.
Article 69: Sessions and the Procedures of the House of Representatives
1. The House shall hold 3 (three) ordinary sessions every year which shall last 28 (twenty eight) weeks. The sessions shall be separated by a period of, minimum, 4 (four) weeks and, maximum, 8 (eight) weeks.
2. An extra-ordinary session of the House of Representatives may be held:
a) On request of the President;
b) On convening by the Chairman of the House of Representatives;
c) On request in writing of 1/3 (one third) of the members of the House.
3. The House shall adopt its regulations at its first session; and shall established such committees that it deems necessary.
4. The President shall deliver the Speech to the Nation at the start of the first session of each year. The Speech shall cover the political situation, the Government’s programme, the economy, the finances and security.
Article 70: The Pay and Remuneration of the House of Representatives
The members of the House of Representatives shall be entitled to pay and remuneration as determined by law.
Article 71: Prohibition of Holding other Office and Private Gain
The members of the House of Representatives shall not hold any other office of the nation whilst serving as representatives; and shall not use their office for private gain.
Article 72: The Privileges of the Members of the House of Representatives
1. No member of the House may be detained, and no action may be taken against him for any matter which he learnt his or raised at the House or on which he cast his opinions.
2. The rule in Clause 1 does not extend to insults or slander committed by the member.
3. No member of the House of Representatives shall be investigated or inquired into; nor detained, arrested or otherwise punished without the consent of the House of Representatives.
4. Action may be taken against the member if he is caught in flagrante delicto for an offence, in which case, the House shall be informed promptly.
5. The House shall consider whether the action taken against the member is proper.
6. If the House is not in session, consent for the action taken against the member must be sought from the Standing Committee of the House of Representatives, and the House shall be informed at the following session.
7. Civil suits against a member of the House of Representatives may be instituted, and no consent is required.
Article 73: Loss of Membership of the House of Representatives
The membership of the House of Representatives shall be lost on:
1. the death of the member or incapacity which makes it impossible for him to fulfil his duties;
2. the voluntary resignation by the member, which has been accepted by the House;
3. one of the conditions of his election no longer being valid???; or on the member’s failure to fulfil his duties;
4. the passing of a final sentence for a crime which has been proven in a court of law;
5. the absence without excuse from 20 (twenty) consecutive sittings (of the House).
Article 74: Filling Vacant Seats in the House of Representatives
If a seat of the House of Representatives becomes vacant during any period prior to the final six months of the term of office of the House, it shall be filled as determined by law, and the new member shall serve for the reminder of the term of office.
Article 75: Secretary of the House of Representatives and Advisers
1. The House of representatives shall have a Secretariat headed by a General Secretary who is not a member of the House. He shall assist in the proper conduct of the meetings of the House and in administration, and in all financial and management issue; and shall have a deputy.
2. The Secretariat of the House of Representatives shall include a Legal Adviser who shall meet the same requirements laid down by the Constitution for appointment as a judge of the Supreme Court.
3. The other employees of the Secretariat shall be appointed by the Secretary General on the advice of the Civil Service Agency.
Article 76: Introduction of Draft Legislation
Draft Legislation may be introduced at the House of Representatives by:
1. The Government (the Cabinet)[14].
2. The requisite number of members of the House of Representatives as laid down in Regulations passed by the House.
3. Except for financial bills, at least 5000 (five thousand) persons who are eligible to vote.
Article 77:
Draft legislation shall become law on approval by the House of Representatives; and shall be promulgated after its signature by the President in accordance with Article 60.
Article 78: The Powers and Duties of the House of Representatives
1. All appointments of Ministers, Deputy Ministers or Heads of the Bodies of the Government are subject to confirmation by the House of Representatives in accordance with the Constitution.
2. The House of Representatives shall also have power to consider, debate, reject with reasons or approve the programme of the Government.
3. The House of Representatives shall ratify international agreements and treaties including political, economic and security agreements or those agreements which impose new financial burden which has not been covered in the Budget; or which will involve the promulgation or amendment of legislation.
4. The House of Representatives shall submit to the Government (the Cabinet) advice and recommendations about the general political leadership.
5. The Government (the Cabinet) shall seek the approval of both Houses (the House of Representatives and the House of Elders) for declarations of state of emergency in either parts of or the whole of the country.
6. The House of Representatives shall have the power to summon the Government or its Bodies or Agencies in order to question them about the fulfilment of their responsibilities.
7. The Committees of the House of Representatives shall have the power to put questions about the fulfilment of their responsibilities to the Ministers or the Heads of the Bodies of the Government or the other senior national officers with relevant duties.
Article 79:
The legislative powers of the House shall extend to the following financial affairs:
1. The imposition of taxes, duties and other revenue schemes.
2. The establishment of Somaliland revenue (fundraising) saving or other savings schemes which are earmarked (qoondeeyey) for specific issues. The administration of these schemes, their collection and payments shall be determined by law.
3. The printing of currency, and the issue of bonds (loan certificates), and other involving (qiima damaanadeed) security for loans.
4. The regulation of the economic and the financial systems (nidamyada)
Article 80: The Budget
1. The House of Representatives shall have the power to debate, amend the Budget, and approve it by resolution.
2. If the new Budget is not approved before the start of the new financial year, the old Budget shall continue to be in force until such time the new one is approved.
3. The House of Representatives shall approve any expenditure which was not included in the Budget.
4. The preparation of the general Budget and the financial year shall be determined by law.
5. The budget and the annual accounts of the Bodies, agencies, companies and other partly owned bodies of the Government and their presentation to the House of Representatives shall be determined by law.
6. The annual accounts (xisaab-xidhka Miisaniyaddii guud ) shall be presented to the House of Representatives within six months of the end of the financial year to which they relate, and the House shall debate them and reach a resolution thereof.
7. The Auditor General shall have responsibility for the presentation of the annual accounts.
Article 81: Dissolution of the House of Representatives
The House of Representatives may be dissolved:
1. When the House does not sit for two consecutive ordinary sessions without any circumstances beyond their control.
2. When dissolution is proposed by a 1/3 (one third) of the members[15] of the House; and is approved by 2/3s (two thirds) of the total members of the House.
3. The Constitutional Court shall issue a resolution in respect of the matters referred to in sections 1 and 2 of this Article, and shall submit the resolution relating to section 1 to the President and the resolution relating to section 2 to the House of Representatives.
4. The House of Representatives may also be dissolved by the President after the public has agreed in a national referendum organised by the Constitutional Court to the reasons for the dissolution.
5. When the President considers the resolution of the Constitutional Court issued in respect of the matters referred to in sections 1 or 2 of this article, or the result of the national referendum under section 4 of this Article, he shall promulgate a Presidential Decree dissolving the House of Representatives and at the same time setting out the date of the election of the new House, which shall take place within 60 (sixty) days.
6. If the national referendum does not approve of the dissolution or the new elections can not be held, the House shall continue with its duties.
7. The House of Representatives shall not be dissolved during the first year of its term of office, or during the last year of the President’s term of office.
Article 82: The Enactment, Promulgation and Implementation of Legislation
All laws shall be promulgated and published in the Official Journal by the president within three weeks (21 days) beginning from the date when the two House have forwarded them; and shall come into force within thirty (30) days beginning from their publication, although a longer or shorter period for coming into force may be set out in each legislation.
Section 2
The House of Elders
Article 83: General Provisions of The House
The House of Elders of the Republic of Somaliland is the second body of the legislative, and shall review the legislation passed by the House of Representatives before it is forwarded to the President; and shall have special responsibility for passing the laws relating to the religion, culture and security.
Article 84: The Election of The Members of the House and their Period of Office
1. The members of the House of Elders shall be elected in a manner to be determined by law.
2. The period of office of the House of Elders is six (6) years beginning from the date of its first meeting.
Article 85: Eligibility for Candidacy
Any person who is standing for election to the House of Elders must fulfil the following conditions:
1. He must not be aged less than 45 (thirty five years).
2. He must be a person who has a good knowledge of the religion or an elder who is versed in the culture.
Article 86: The Number of the House of Elders
1. The House of Elder shall have 82 members, and shall elect among its members a Chairman, two deputy Chairman and such committees as