The Constitution Draft Of The Somali Republic.

[King-of-Awdal]

http://www.dastuur.org/images/stories/d ... nglish.pdf

Some of the Inetersting Bit's i wanna Highlight.

(1) The natural resources of the country, such as minerals, water, flora, fauna and pasture are
public property. Parliament shall enact a law that defines the manner of exploitation of any such
resources for the common good.

The national capital
Note: There are three possible options for the status of Mogadishu (Hamar), the capital city of the
Republic. A final decision will be made in the light of the views submitted in the Consultation.
Option 1 (The Capital is located within a regional state)
(1) The federal capital city of Mogadishu shall remain a city in the regional state within which it is
located.
(2) The government of the regional state, in consultation with the federal government, must pass a
special law governing the status of the federal capital city.

Option 2 (Mogadishu as a Federal Capital District)
(1) The federal capital district of Mogadishu (Hamar) is established.
(2) The federal capital district may not form part of any regional state.
(3) The federal government must pass a special law regulating the democratic governance of the
federal capital city and district.
(4) The federal law relating to elections must ensure that citizens resident within the capital district
are able to vote in elections for the House of the People and are not disadvantaged in terms of
representation in that house by being residents of the federal capital district.
(5) The federal capital district will not send representatives to the House of the Regional States.
(6) The federal government use make and administer laws on all topics within the legislative lists for
the federal capital district, but may delegate powers to the governing structure of the federal
capital in the same way as it may delegate powers to a regional state under Article 62.
(7) The governing body of the federal capital city and the federal government must observe the principles of cooperative relationships laid down in the constitution.


Option 3 (Federal Capital as itself a Regional State)
(1) The federal capital city established as a regional state.
(2) The federal capital city may not combine with any other region or part of the country to form an
enlarged regional state.
(3) The governing body of the federal capital city and the federal government must observe the
principles of cooperative relationships laid down in the constitution. In particular they must
agree on the taxation and other regulation of federal government land and buildings owned or occupied by the federal government within the city.

Article 69. State Boundaries
(1) A State Boundaries Demarcation Commission shall resolve all existing and future boundary
disputes as shall be regulated by law.
(2) The Independent Federal Constitution Commission or its successor, in consultation with other
national commissions, shall assist the federal government in determining the minimum and
maximum number of regional states.
(3) States boundaries shall be based on the boundaries of the administrative regions as they existed
mainly before the 1990 civil war.
(4) Two or more regions may federate based on their free will.

[King-of-Awdal]

Creation of new states
(1) A minimum of two existing regions are necessary in order to form a new state.
(2) A new state may be created if a significant number of one or more existing states wish to form a
state and the establishment of the state is the only way to promote their common interests.
(3) A new state will be established only if there is majority support for it:
a. in the group of regions seeking the new state; and
b. in the regions affected by the creation of the new state; and
c. it is not against the national interest; and
d. shall not jeopardize the national federal unity of the Somali Republic.

(4) No new state shall be authorized unless it will have the capacity to discharge the functions and
responsibilities of a state within the Federation, including the protection of the rights of all
citizens within the state, economic self-sufficiency and the delivery of basic social services.
Parliament must enact a law to regulate the formation of new states.
(5) When two or more neighbouring states agree to the alteration of their shared boundaries, the
Federal Parliament must endorse the alteration if two thirds of the District Councils of these states consent to the alteration.

The Federal Parliament
Article 72. Composition of Parliament
The Federal Parliament of Somalia consists of two houses: the House of the People and the
House of the Regional States.
Article 73. Role of the House of the People
The role of the House of the People is to represent the people of Somalia, to participate in
passing legislation and to approve the national budget and all federal government expenditures,
to supervise the work of the government, and to carry out other functions according to the
constitution.
Article 74. Role of the House of the Regional States
The House of the Regional States has a special role in representing the regional states of
Somalia, and to protect the federal system. It does so by participating in passing legislation and
approving the national budget. It also participates in supervising the work of the government, and has other functions according to the constitution.
Article 75. Membership of the House of the People
(1) The House of the People comprises between 200 and 300 members elected by the people under
the laws passed according to Article 52 (2).
(2) The date for the elections to the House of the People shall be fixed by the Electoral Commission
after consulting the President of the Republic and the Speaker of the House of the People, and take place during the last sixty days of the legislature in existence.

[The_Emperior5]

a sharia law constitution

[King-of-Awdal]

Chapter 9 - Federal Executive
Option 1: The Parliamentary System
The President
Article 94. The nature of the Presidency
(1) The President of the Federal Republic of Somalia serves as a symbol of the nation, whose
wisdom and experience may be looked to by the government. The functions of the office include
promoting the founding principles of the constitution by speech and action. Most presidential
powers are formal or are exercised acting on the request of the Prime Minister, the Council of
Ministers or some other official or body.
(2) In order to strengthen the unity of the nation, the two houses of Parliament shall endeavor to
ensure that the office of President is rotated between different groups in society.
Article 95. Qualifications to be President
The President shall be a Somali citizen of more than forty years of age, have the highest integrity
and command the respect of the entire nation.
Article 96. Selection of the President and Deputy-President
(1) Sitting together, the two houses of Parliament shall elect the President. The two houses shall
develop rules of procedure for this purpose, which shall use the procedure set out in Schedule 3
[Election of the President in a Parliamentary System].
(2) The Deputy-President must be elected by a similar process.
Article 97. Suspension or Removal of the President
(1) The House of the People may impeach the President for gross violation of the Constitution or
high treason.
(2) The motion for impeachment may be introduced by at least one-third of the members of the
House of the People, and if the motion for impeachment is with the support of at least two third
of the members, the President will be suspended from office, and the Deputy President will take over.

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Article 99. Powers of the President
The powers of the President are to:
(1) serve as Commander in Chief of the Armed Forces, a ceremonial office that carries no
power of command;
(2) assent to legislation passed by Parliament or to refer it back to Parliament or to the
Constitutional Court under Article 87(9);
(3) appoint ambassadors and other diplomatic representatives acting on the request of the
Council of Ministers;
(4) declare war acting on the request of the Council of Ministers which must have the
approval of Parliament and to declare peace;
(5) to declare a state of emergency under Article 169;
(6) confer honors [in accordance with a law];
(7) pardon offenders and commute sentences in accordance with the advice of an
independent committee;
(8) make appointments and carry out other formal functions acting at the request of the
Council of Ministers.
Article 100. Resignation of the President
The President resigns to the House of the People through its Speaker.
Article 101. Acting President
If the President is absent from the country, or unable to act because of illness or any other
reason, the Deputy-President shall act as President until the President resumes the office.
Article 102. Vacancy in the office of President
If the office of President is vacant the Deputy President shall act as President until a new
President is elected within 60 days to serve the remainder of the term of the President.
Article 103. Oath of the President
On assuming office and before exercising any functions the President shall take an oath in the
terms prescribed. The Oath is administered by the Chief Justice of the Constitutional Court.

[King-of-Awdal]

This is the Option i Favor.

Chapter 9 - Federal Executive
Option 2: The Presidential System
Article 94. The President of the Republic
The President of the Federal Republic of Somalia is the Head of State, a symbol of national unity,
and the head of government.
Article 95. Qualifications to be President
The President shall be a Somali citizen of more than 40 years of age, with an appropriate level of
education and relevant experience, have the highest integrity and command the respect of the
entire nation.
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Article 96. Election of the President and Vice President
(1) The President and the Vice-President will be elected by the people by direct election.
(2) The person with the highest number votes is elected President provided that that person either
obtains more than 50% of the votes cast, or obtains more than 40% of the votes cast and
achieves at least 25% of the votes in each of at least two thirds the regional states. If no person
satisfies one of these criteria a run-off election shall be held between the two candidates with
the highest number of votes.
(3) The election for the President and the Vice President shall be held on the same day as the
election for the House of the People, unless a special election is necessary under Article 103(4)
[election if the Speaker of the House has to take over as President in case of a vacancy].
Article 97. Nomination of candidate
(1) A candidate for the President and Vice President may be proposed by a political party or be an
independent candidate.
(2) In order to stand as an independent candidate a person must not have held any office in a
political party during the previous five years.
(3) The nomination of an independent candidate shall be supported by at least 500 registered
voters from each of at least half the regional states. If the candidate is proposed by a party the
nomination shall be supported by at last one branch of that party in every regional state.
Article 98. Removal of the President
(1) The President may be removed only for serious breach of the constitution, serious abuse of
office, or on the grounds of having committed serious criminal offences.
(2) A motion for the impeachment of the President may be moved by at least one third of the
members of the House of the People. If after debate the motion is approved by at least two
thirds of that house, the motion shall be referred to the House of the Regional States.
(3) If the motion is passed by a majority of at least two-thirds of the members of the House of
Regional States voting as individuals not in regional blocks, the impeachment shall proceed.
(4) The voting in each house shall be by secret ballot.
(5) The trial of the President shall proceed before the Constitutional Court.
(6) If the Constitutional Court finds the President guilty of the constitutional violations or offences
charged, the President shall resign forthwith.
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(7) If the motion for the impeachment of the President is passed by the necessary majority of both
houses, the President is automatically suspended until the conclusion of the trial before the
Constitutional Court. The Vice President shall take office as President until the trial is
completed.
(8) A law shall be passed, with the approval of two-thirds of each house of Parliament providing for
a fair procedure for removal from office of a President who is unable through physical or mental
infirmity to carry out the functions of the office.
(9) The Vice-President may be impeached on the same grounds and by the same procedure as the President.

[King-of-Awdal]

Article 99. Vice President
Candidates for President shall nominate a running mate who will be Vice President if the
Presidential candidate is elected as President.
Article 100. Term of office of the President and Vice President
The President and Vice-President may hold office for a maximum of two terms of five years.
Article 101. Powers of the President
The powers of the President are to:
(1) appoint and dismiss Ministers of the federal government;
(2) be Commander in Chief of the Armed Forces of the Republic;
(3) assent to legislation passed by Parliament or to refer it back to Parliament or to the
Constitutional Court under Article 88;
(4) appoint ambassadors and other diplomatic representatives;
(5) declare war with the approval of both houses of Parliament and to declare peace;
(6) declare a state of emergency in accordance with Article 169;
(7) confer honors in accordance with a law;
(8) pardon offenders and commute sentences in accordance with the advice of an
independent committee;
(9) to carry out any other functions conferred by the Constitution or a law that complies
with this Constitution and its underlying values.
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Article 102. Functions of the Vice President
(1) The Vice President assists the President, acts for the President when the President is out of the
country or for another reason unable to act, and becomes President under Article 103 if the
President dies in office, resigns, is suspended or is removed.
(2) Any person who is acting as President may not exercise the powers to appoint or dismiss
Ministers, or to appoint judges or to refer a Bill back to parliament, unless the President has
authorized him or her to do so in writing, or unless the President remains unable to resume
office for longer than three months.
Article 103. Vacancy in the office of President
(1) If the President dies in office, resigns, or is removed from office the Vice President shall take
over. If there is no Vice President or the Vice President is unable to take office, the Speaker of
the House of the People shall take over.
(2) Vice President will serve the remainder of the term of the President.
(3) If the period from the swearing in of the former Vice President as President until the date the
term of the President would have expired is more than two and a half years, the term served by
the Vice President as President shall be treated as a complete term. Otherwise the period shall
be treated as not being a “term” for the purposes of Article100 [term of office of President].
(4) If the President dies in office, resigns, or is removed from office and the Speaker of the House of
the People takes over as per sub article (1) and Article 105, an election shall be held within 90
days for the remainder of the term of the President.
(5) If no more than 18 months remains until the end of the term of office of the President, there
shall be no election held and the Speaker of the House of the People will serve the remainder of
the Presidential term.
Article 104. Resignation of the President
The President resigns to the House of the People through its Speaker.
Article 105. Vacancy in the office of the Vice President
If the Vice President dies, resigns or is removed from office, the Speaker of the House of the
People shall take over.
Article 106. Oath of the President
On assuming office and before exercising any functions the President shall take the oath of
office in the terms prescribed, administered by the Chief Justice of the Constitutional Court in a
public ceremony.
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Article 107. Council of Ministers
(1) The President appoints the Cabinet of a maximum size of 23 including the President and Vice
President from among persons who are not members of either house of Parliament. A Minister
who is a member of either house of Parliament, or who holds any other public office or private
employment shall resign from that office or employment their seats within 90 days after taking
the oath of office.
(2) In forming the Council of Ministers the President shall take into account the various elements of
Somali society.
(3) The House of the People shall approve Ministers as a group, or individually if appointed at a
later stage.
(4) Only the President may remove Ministers from office.
Article 108. Oath of Ministers
After having been approved by the House of the People each member of the Council of
Ministers shall take an oath in the terms prescribed and administered by the Chief Justice of the
Constitutional Court before the House of the People.
Note: the article numbers begin below with the number that would follow the highest number used so
far – in other words follows the numbering of the parliamentary alterative, which has required more
articles. If the presidential alternative were adopted the numbers of the following articles would be Changed.