The Transitional Federal Charter of the Somali Republic
PREAMBLE.
In the Name of Allah, the most Merciful, the Beneficent. WE, THE DELEGATES REPRESENTING THE PEOPLE OF THE SOMALI REPUBLIC have solemnly resolved to enact a Transitional Federal
Charter for the Somali Republic;
DETERMINED to live in peace and unity as one indivisible, free and sovereign nation;
RECOGNIZING the gross violations of human rights inflicted upon the Somali people and the need to re-establish peace, democracy, the rule of
law, social justice, the dignity and integrity of all Somalis;
COMMITTED to establishing and nurturing a Transitional Federal Government for the Somali Republic;
DETERMINED to foster reconciliation, national unity, and good governance;
DO HEREBY ADOPT, ENACT AND GIVE TO THE SOMALI PEOPLE THIS CHARTER.
CHAPTER ONE
SOVEREIGNTY AND TERRITORY
ARTICLE 1.
ESTABLISHMENT OF TRANSITIONAL FEDERAL GOVERNMENT
1. There shall be a Transitional Federal Government of the Somali Republic based on the sovereign will of the Somali people.
2. The name of the National Government shall be “The Transitional Federal Government of the Somali Republicâ€
3. In this charter “ Somali Republic†has the same meaning as “Somalia†“The Somali Republicâ€, “The Somali Democratic Republicâ€.
ARTICLE 1:1
THE SOVEREIGNTY OF THE SOMALI PEOPLE.
1. All the sovereign authority belongs to the people of Somalia and may be exercised directly or indirectly through their representatives, in accordance with this Charter and the laws of the country.
2. The right to exercise sovereignty shall not be delegated to any individual, group or class, and no person shall arrogate to him or herself, or exercise any State authority, which does not emanate from this Charter or any laws of the Land not inconsistent with this charter.
3. The Government shall encourage the unity of the Somali people by promoting their cultures, customs and traditions.
ARTICLE 2
THE TERRITORY OF SOMALIA.
1. The Territorial Integrity and Sovereignty of the Somali Republic shall be inviolable and indivisible.
2. The territorial sovereignty of the Somali Republic shall extend to the land, the islands, territorial sea, the subsoil, the air space and the continental shelf.
3. The Somali Republic shall have the following boundaries.
(a) North; Gulf of Aden.
(b) North West; Djibouti.
(c) West; Ethiopia.
(d) South south-west; Kenya.
(e) East; Indian Ocean.
ARTICLE 3
SUPREMACY OF LAW
1. The Transitional Federal Government of the Somali Republic shall be founded on the supremacy of the law and shall be governed in accordance with this Charter.
2. This Charter for the Transitional Federal Government shall be the supreme law binding all authorities and persons and shall have the force of law throughout the Somali Republic. If any law is inconsistent with this Charter the Charter shall prevail.
3. The validity, legality or procedure of enactment or promulgation of this Charter shall not be subject to challenge by or before any court or other State organ.
ARTICLE 4
INTERPRETATION OF THE CHARTER.
1. The Charter shall be interpreted in a manner: -
(a) That promotes national reconciliation, unity and
democratic values;
(b) That promotes the values of good governance;
(c) That advances human dignity, integrity, rights and
fundamental freedoms and the Rule of Law.
2. A person may bring an action in the Supreme Court for a declaration that any Law or action of the state is inconsistent with, or is in contravention of this Charter.
3. The Supreme Court shall determine all such applications on a priority basis.
CHAPTER TWO
THE SOMALI REPUBLIC
ARTICLE 5
THE CAPITAL CITY
1. The Capital of the Somali Republic shall be Mogadishu (Xamar).
2. Parliament shall pass legislation governing the Administration of the Capital City.
ARTICLE 6
THE FLAG AND EMBLEM.
1. The National flag for the Transitional Federal Government shall be of rectangular shape, azure in colour with a white star and five equal points emblazoned in the centre.
2. The emblem of Transitional Federal Government shall be composed of an azure escutcheon with a gold border, which shall bear a silver five-pointed star.
3. The escutcheon shall be surmounted by embattlement with five equal points in Moorish style, two lateral points halved, borne by two leopards rampant in natural form facing each other, resting on two lances crossing under the point of the escutcheon with two palm leaves in natural form interlaced with a white ribbon.
ARTICLE 7
LANGUAGES.
1. The official languages of the Somali Republic shall be Somali (Maay and Maxaatiri) and Arabic.
2. The second languages of the Transitional Federal Government shall be English and Italian.
ARTICLE 8
RELIGION.
1. Islam shall be the religion of the Somali Republic.
2. The Islamic Sharia shall be the basic source for national legislation.
ARTICLE 9
THE NATIONAL SYMBOLS.
1. The national symbols of the Somali Republic shall consist of: -
(a) The National Flag;
(b) The National Anthem
(c) The National Emblem and
(d) The Public Seal.
CHAPTER THREE
CITIZENSHIP
ARTICLE 10
CITIZENSHIP
1. Every person who at the time of the coming into force of this Charter was a citizen of the Somali Republic shall be deemed to be a citizen of the Somali Republic.
2. Every person of Somali origin shall be entitled to citizenship of the Somali Republic provided that: -
(a) He/she was born in the Somali Republic; or
(b) His/her father is a citizen of the Somali Republic;
3. A person who is a citizen of Somalia under this Article cannot be deprived of that citizenship.
4. Every Citizen of the Somali Republic shall be entitled to retain their citizenship notwithstanding the acquisition of the citizenship of any other country.
5. Parliament shall within twelve months pass legislation regulating matters relating to citizenship.
CHAPTER FOUR
THE TRANSITIONAL FEDERAL GOVERNMENT
ARTICLE 11
1. The Transitional Federal Government of the Somali Republic shall have a decentralised system of administration based on federalism.
2. The Somali Republic shall comprise of: -
(a) The Transitional Federal Government.
(b) State Governments (two or more regions federate, based on their free will)
(c) Regional Administrations
(d) District administrations
3. (a) While the new Constitution is being drafted, a National Census shall be undertaken simultaneously.
(b) An internationally supervised National Referendum shall be undertaken to approve the new Constitution.
(c) The Transitional Federal Government will request the International Community to provide both technical and financial support.
4. (a) The Transitional Federal Government shall promote and develop the State Governments, Regional and District Administrations subject to legislation and guidelines of the Federal Constitution Commission on the formation of Transitional Federal Government.
(b) The State Governments, Regional and District Administrations shall comprise all regions of Somalia.
5. The Council of Ministers of the Transitional Federal Government shall within 90 days of assuming office propose to the President names of persons to be appointed to an independent Federal Constitution Commission to ensure that a Federation is achieved within the time set out under this charter;
6. Parliament shall make laws relating to the mandate of the Commission and the qualifications and terms of service of its members;
7. Notwithstanding any other provisions in this Charter relating to the formation of government ministries, there shall be established a Ministry of Federal and Constitutional affairs that shall be charged with the task of implementing Constitutional and Federal affairs;
8. The Transitional Federal Government shall ensure that the process of federating Somalia shall take place within a period of two and a half years from the date that the commission is established;
9. In the event that the Transitional Federal Government is unable to complete the process of federalism all over Somalia within the prescribed period of two and half years, the Government shall request Parliament for a vote of confidence, failing which the Transitional Federal Parliament shall withdraw its support and a new Transitional Federal Government shall be formed in the manner set out in this charter;
10. The new Transitional Federal Government formed under Clause (8) herein shall undertake to complete the process of federalism all over Somalia within a period of one (1) year failing which the provisions of article 11(8) above shall apply.
ARTICLE 12
AUXILARY ORGANS.
1. There shall be the following support institutions of the Transitional Federal Government:-
(a) Auditor General;
(b) Attorney General;
(c) Accountant General;
(d) Governor of Central Bank.
2. Parliament shall make laws defining the functions of the auxiliary organs set out under (1).
3. The above organs shall execute their functions and responsibilities in the whole country in conformity to their respective mandates established by law.
ARTICLE 13
DISTRIBUTION OF RESOURCES AND POSITIONS
1. The Transitional Federal Government, shall on the coming into force of this charter pass legislation ensuring equitable appropriation and allocation of resources in the country.
2. The Transitional Federal Government shall ensure that all appointments in the service of the Government shall be based on qualifications and fair distribution among the Citizens.
CHAPTER FIVE
PROTECTION OF THE FUNDAMENTAL
RIGHTS & FREEDOMS OF THE PEOPLE.
ARTICLE 14
HUMAN RIGHTS & DIGNITY.
1. The Somali Republic shall recognize and enforce all international human rights conventions and treaties to which the Republic is a party.
2. Every citizen shall have the right to:
(a) Reside, work and travel freely in any part of the country.
(b) Organize, form or take part in political, labour, professional or social entities in conformity to the law, without prior government authorization.
(c) Vote upon attainment of 18 years of age.
(d) Subject to this charter, contest for any vacant seat.
3. There shall be no interference of personal communication.
ARTICLE 15
EQUALITY OF THE CITIZENS BEFORE THE LAW.
1. All citizens of the Somali Republic are equal before the law and provisions of this Transitional Federal Charter and have the right to equal protection and equal benefit of the law without distinction of race, birth, language, religion, sex or political affiliation.
2. Equality shall include the full and equal enjoyment of all rights and freedoms.
ARTICLE 16
RIGHT TO LIFE, PERSONAL LIBERTY AND SECURITY
1. Everyone shall have the right to life and no person shall be deprived of his/her life.
2. No person shall be deprived of his/her personal liberty, personal freedom and personal security.
3. No person shall be subjected to inspection, personal search of his/her house or his/her property without the permission of competent judicial authority related to health and tax. In every case, the self-respect and moral dignity of the person concerned must be preserved.
4. Any physical or moral violence or action against a person subject to restriction of personal liberty shall be punishable as a crime and hence is prohibited.
5. No person shall be liable to any form of detention in prison or other restrictions of personal liberty except when apprehended flagrante delicto or pursuant to any act of the competent judicial authority.
6. As is explicitly defined by any law, any person arrested for suspicion or restricted from his/her personal liberty, shall have access within 48 hours to competent judicial authority and confirmed by it within the time prescribed by law.
ARTICLE 17
RIGHTS RELATING TO LEGAL PROCEEDINGS
1. Every person shall have right to institute legal proceedings in a competent court.
2. Every person who is charged with a criminal offence:-
(a) Shall be presumed to be innocent until he/she is proven guilty in a competent court of law;
(b) Shall be informed as soon as reasonably practicable, in a language that he/she understands and in detail, of the nature of the offence with which he/she is charged;
(c) Shall be given adequate time and facilities for the preparation of his/her defence at any stage of the legal proceedings.
3. Every person detained, imprisoned or restricted shall be permitted the right to defend himself/herself in a court in person or communicate with his/her relatives, lawyer of his/her own choice whenever he/she requires.
4. The Government shall guarantee free legal services for individual citizens who cannot afford them.
5. The penal, civil and administrative liabilities of officials and employees of the Government, shall be governed by law.
ARTICLE 18
LABOUR.
1. No worker shall be discriminated, as each shall have a right to a salary and equal pay commensurate to the work performed and other fringe benefits as shall be stipulated in the employment and labour laws of the country.
2. Workers shall have the right to weekly rest and annual leave with pay and shall not be compelled to forfeit.
3. The law shall establish working hours for workers.
4. The Government shall establish by law the minimum age employable and minimum salary for workers.
5. The government shall guarantee its employees, Civil and military, the right to pension. It shall also guarantee employees in accordance with the law, assistance in case of accident, illness or incapacity to work. A special law shall guarantee pension for private sector employees.
ARTICLE 19
RIGHT TO ASSEMBLE AND FREEDOM TO STRIKE.
1. Every person shall have the right to : -
(a) Assemble freely with other persons and in particular to form or belong to trade unions or other associations for the protection of his/her interests;
(b) Mobilize and participate in any meeting or demonstration;
(c) Freely express his/her opinion orally, in written form, or in any other manner, without censorship.
2. The workers of the Transitional Federal Government of Somalia shall have the right to form Trade Unions for the protection of their interests as specified by law.
ARTICLE 20
FREEDOM OF INFORMATION AND MEDIA.
1. The Transitional Federal Government shall guarantee the freedom of press and independent media in accordance with Law.
2. Every person shall have the rights to freely express his/her own opinion in any manner, subject to any limitation which, may be prescribed by law for the purpose of safeguarding morals and public security.
ARTICLE 21
THE RIGHT TO ESTABLISH POLITICAL PARTIES.
1. The Transitional Federal Government shall encourage the formation of political parties in the Republic save that it shall be in accordance with the law.
2. In accordance with the laws, all Citizens, shall have the right to associate with political parties, political programmes interpreting clearly their national political agenda.
3. The political parties shall be open for all Citizens and be guided by General Principles of Democracy.
4. Any political party of a military character or tribal nature shall be prohibited.
5. Political parties shall have the right to form alliances before, during and after the election periods.
6. All Citizens possessing the qualifications required by law have the right to vote and be elected to Public Office.
ARTICLE 22
THE RIGHT TO ESTABLISH SOCIAL ORGANIZATIONS.
1. Every person has the right to assemble freely and associate with other persons and in particular to establish any Social organization in accordance with the law.
2. No person may be compelled to join and/or continue to belong to an association of any kind.
3. Any Non- Governmental organization with an objective of either human rights, environmental protection shall be registered and allowed to operate in the Somali Republic in accordance with international treaties and laws of the country.
4. Nothing contained herein shall permit the establishment of any secret associations or any organization bearing any military, defense or para-military nature and/or character.
ARTICLE 23
POLITICAL ASYLUM.
1. Extradition may be granted against a person accused of a crime committed in his or another country only if an extradition treaty exists between Somalia and the country requesting thereof.
2. The state may grant political asylum to a person and his close relatives who flee his or another country on grounds of political, religious, and cultural persecution unless such asylum seeker(s) have committed crime(s) against humanity.
ARTICLE 24
EDUCATION.
1. Education shall be recognized as a basic right for all Somali citizens
2. All citizens shall have a right to free primary and secondary education.
3. The Government shall give priority to the promotion, expansion and propagation of public education.
4. Education shall be for the interest of the people and shall be extended throughout the whole country.
5. Private schools, institutes and universities may be established according to law and in line with the educational program and academic curriculum of the country.
6. The Government shall encourage the promotion of scientific research, the arts and their advancement as well as the folklore and sports and shall promote positive customs and traditions of the Somali people.
7. The Government shall adopt standardized curriculum for schools of the country and shall oversee its implementation.
8. The Government shall promote higher education and the
establishment of Technical Institutes as well as technology and
research Institutions.
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9. The Government shall develop Educational programmes and a united
syllabus for all schools.
10. Teaching of Islam shall be compulsory for pupils in both Public
and Private Schools. This does not apply to non-Muslim students.
ARTICLE 25
PROTECTION OF FAMILY.
1. The family shall be recognized as the basic unit of the society
whereas religion, morals and love of the country shall be the
central pillars of the family.
2. The Government shall protect and encourage marriage.
3. Parents shall support their children, education and welfare, as
required by law.
4. Children, who are of full age, are obliged to support their parents
when the latter are unable to support themselves.
5. It shall be an obligation on parents/guardian to register children
upon birth.
ARTICLE 26
SOCIAL WELFARE.
The Government shall guarantee public social welfare as follows:
a) It shall be the responsibility of the Government to protect and
provide public health, safe motherhood, childcare and control
communicable diseases;
b) Welfare of persons with disabilities, orphans, widows, heroes who
contributed and fought in defence of the country and aged
persons;
c) The Government shall encourage the establishment of the Civil
Society and social development institutions for the public, that is
to say, NGOs, women, youth, students, human rights and
professional organizations;
d) Forced labour or military service for children under 18 years shall
not be permitted.
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e) In accordance with the law, no child under 18 years of age shall be
imprisoned in the same prison and/or custody as those for adults;
f) The law shall regulate the establishment of private health centres
and clinics;
g) The Government shall safeguard public morality of the society;
h) The Government shall endeavour to promote the social welfare and
development of the rural population;
i) The Government shall create a positive environment for women to
participate effectively in economic, social and political life of the
society;
j) The law shall establish the relationship between the Transitional
Federal Government and former Government employees.
ARTICLE 27
ECONOMY.
1. The system of economy for the country shall be based on free
enterprise.
2. The Government shall encourage, support and provide full
guarantee to foreign investment in the country as specified by law.
3. The right to own private property shall be guaranteed by law,
which shall define its contents and the limits of its exercise.
4. Copyrights pertaining to the arts, science and technology shall be
protected and the law shall regulate its contents and the limits of
its exercise.
5. Personal property may be expropriated for public interest in
exchange for equitable and timely compensation. However, the
property shall be returned to the owner or his/her heirs in
accordance with the law.
CHAPTER SIX
THE STRUCUTURE AND ORGANISATION OF THE STATE
PART I
PARLIAMENT
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ARTICLE 28
PARLIAMENT
1. The legislative powers of the Transitional Federal Government of
Somalia shall be vested in Parliament.
2. The Transitional Federal Parliament of the Somali Republic
shall have a single Chamber.
3. The members of the Parliament shall represent the unity of the
nation.
ARTICLE 29
THE COMPOSITION OF PARLIAMENT.
The Transitional Federal Parliament of the Somali Republic shall consist
of Two Hundred and Seventy Five (275) Members of which at least Twelve
Percent (12%) shall be women.
ARTICLE 30
APPOINTMENT OF MEMBERS OF PARLIAMENT
1. The Parliament envisaged under article 28 above shall be
selected by the sub sub sub-clan Somali political Leaders
invited to the consultation meetings in Nairobi as from 9th
January 2004, comprising: Transitional National Government
(TNG); National Salvation Council (NSC); Regional
Administrations; Somali Restoration and Reconciliation Council
(SRRC); Group-8 (G8) Political Alliance and Civil Society and
must be endorsed by genuine traditional leaders.
2. Any Vacancy that arises after the coming into force of this
Charter shall be filled through the same procedure as stated in
Article 30 (I) above.
ARTICLE 31
ELIGIBILITY CRITERIA FOR MEMBERSHIP OF PARLIAMENT.
1. A person shall be eligible to be a Member of Parliament if that
person: -
(a) Is a citizen of the Somali Republic;
(b) Has attained at least twenty five years (25) years of
age;
(c) Is of good character.
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(d) Is of sound mind
2. A person shall be disqualified from being a Member of
Parliament if that person: -
(a) Holds any other public appointment other than as
member of the Cabinet;
(b) Has been pronounced as being of unsound mind;
(c) Has been convicted of an interdictable offence;
(d) Has been removed from any public office on grounds of
gross misconduct or corruption.
ARTICLE 32
THE TERM OF THE TRANSITIONAL FEDERAL PARLIAMENT
1. The term of the Transitional Federal Parliament shall be Five (5)
years.
2. The tenure of parliament shall commence from the date of
taking the oath of office and shall continue until the date of
commencement of the next parliament.
3. Parliament shall meet in its first session within 30 days from
the date two-thirds of the members of the Parliament shall have
taken the oath of office.
4. The term of the Transitional Federal Parliament shall not be
extended.
5. The first meeting of the Parliament shall be chaired by the most
senior member in age until a Speaker is elected.
ARTICLE 33
FUNCTIONS OF PARLIAMENT.
Parliament shall discharge the following functions: -
(a) Election of the President of the Transitional Federal
Government ;
(b) Election of Speaker and Deputy Speaker
(c) Making legislation ;
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(d) Approval and adoption of the annual budget.
(e) Consideration of motions of confidence in the
(f) Government;
(g) Making of internal parliamentary regulations;
(h) Investigate any matter of public interest
(i) Hold public hearings
(j) Ratification of international agreements and treaties;
ARTICLE 34
PROCEDURES IN PARLIAMENT
1. The Parliament shall hold two (2) ordinary sessions annually.
2. The Parliament may be convened in extraordinary sessions by
the Speaker at the request of the President or upon requisition
by one third of its members.
3. Meetings of Parliament or its committees shall be valid with the
presence of half plus one of its members.
ARTICLE 35
PRIVILEGES AND IMMUNITIES OF PARLIAMENT
1. No Member of Parliament may be prosecuted for any opinion or
views expressed in Parliament.
2. No criminal proceedings shall be instituted against a Member of
Parliament unless in a case of flagranto delicto .
3. No Member of Parliament shall be interrogated in connection
with criminal investigation, nor shall his person or domicile be
subjected to search while executing duties of a Parliamentarian.
4. Parliament shall make law on the emoluments of its members,
which shall be limited to sittings per diem of the parliamentary
session and its committees.
ARTICLE 36
LEGISLATION
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1. When a Law has been passed by Parliament, it shall be
presented to the President for Assent.
2. The President shall, within twenty-one (21) days after the Law
has been presented to him/her for assent under sub-section (1),
notify the Speaker that he/she assents to the Law or refuses to
assent to it.
3. Where the President refuses to assent to a Law he/she shall,
within fourteen (14) days of the refusal, submit a memorandum
to the Speaker indicating the specific provisions of the Law
which in his/her opinion should be reconsidered for
amendments.
4. The Parliament shall reconsider a Law referred to it by the
President taking into account the comments of the President
and shall either:-
a) Approve the recommendations proposed by the President
with or without amendment and resubmit the Law to the
President for assent; or
b) Refuse to accept the recommendations and approve the
Law in its original form by a resolution supported by
votes of not less than sixty – five (65) percent of all the
Members of the Parliament in which case the President
shall assent to the Law within fourteen (14) days of the
passing of the resolution.
5. A law made by Parliament and assented to by the President
shall not come into operation until it has been published in the
official bulletin.
ARTICLE 37
OFFICERS OF PARLIAMENT
Parliament shall have the following officers:
a) The Speaker
b) Two Deputy Speakers
c) Other officers appointed by parliament
Parliament shall elect the Speaker and the two Deputy Speakers from
among its members in its first sitting.
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ARTICLE 38
PROCEEDINGS OF PARLIAMENT.
Every Parliamentary sitting shall be presided over by: -
(a) The Speaker or
(b) In the absence of the Speaker any of the Deputy Speakers;
(c) In the absence of the Speaker or any of the Deputy Speakers, such
other Member of Parliament as the members shall elect.
CHAPTER SEVEN
PART II
THE PRESIDENT
ARTICLE 39
1. There shall be a President of the Somali Republic, who shall be
(a) The Head of State
(b) Commander - in – Chief of the Armed Forces
(c) Symbol of National Unity
2. The powers of the President shall be exercised in accordance
with the Charter and the laws of the land;
3. The President shall not hold any other office for gain.
ARTICLE 40
QUALIFICATIONS.
1. Any person shall be qualified and eligible to be elected the
President of the Somali Republic , if the person :-
(a) Is a citizen of the Somali Republic;
(b) Has attained at least 40 years of age.
(c) Is a practising Muslim whose parents are Somali
citizens
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(d) Is not married to a foreigner nor marry a foreigner
during his term of office.
(e) Is of sound mind and no criminal conviction for any
serious offence.
(f) Is of good character.
(g) Possess the capacity, competence and experience to
discharge the duties of the Presidency.
ARTICLE 41
ELECTION OF THE PRESIDENT.
1. The President shall be elected by Parliament through a secret
ballot, with a two-thirds (2/3) majority of its members in the
first round whereas in the subsequent ballots shall be by simple
majority.
2. In the second round of the elections, only the first six
candidates shall be eligible whereas in the third round only the
first two candidates shall be eligible for the final Presidential
election.
ARTICLE 42
OATH OF THE PRESIDENT.
Before assuming the office and duties of the President, the President
elect shall take and subscribe to the oath of allegiance. Such an oath
shall be for the due execution of his/her office in a manner prescribed
herein: -
“In the name of Allah I swear that I will discharge faithfully
all my duties as President in the interest of the people and
that I will abide by the Charter and laws of the Somali
Republicâ€.
ARTICLE 43
TENURE OF OFFICE.
(a) The President shall hold office for a term of four (4) years
beginning from the date on which he/she is sworn in as President
in accordance with the Oath of Office provided for in this Charter.
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The President shall, unless his/her office becomes vacant by
reason of his/her death, resignation or ceasing to hold office by
virtue of the provisions of this Charter, continue to hold office until
the person elected as President at a subsequent election assumes
office.
(b) The President shall be impeached for the violation of the Charter
only if a charge against him or her has been preferred to
Parliament.
(c) Where a motion for impeachment of the President is laid before
Parliament -
(i). The charge shall be preferred in a resolution moved after
at least fourteen (14) days notice in writing and signed
by not less than one-third of the total number of
members of Parliament of their intention to move such a
resolution;
(ii). An investigation shall be conducted of the charge
preferred or the cause of the charge and the President
shall have the right to appear and to be represented at
such investigation;
(iii). As a result of the outcome of the investigation, such
resolution shall be passed and voted by at least twothird
majority of the members of Parliament;
(iv) Such resolution shall have the effect of removing the
President from his/her office as from the date on which
the resolution is so passed.
ARTICLE 44
RESPONSIBILITIES OF THE PRESIDENT.
1. The President shall undertake the following State duties: -
(a) Address the opening of the Parliament;
(b) Address a special sitting of Parliament once a year;
(c) May address Parliament any other time;
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(d) The President shall appoint the President of the Supreme
Court and other Judicial Officers on the proposal of the
Judicial Service Council;
(e) The President shall appoint persons to offices in the
public service and Heads of government organs on the
proposal of the Council of Ministers;
(f) The President shall appoint persons to be Ambassadors,
Diplomatic or Consular representatives to foreign
countries on the proposal of the Council of Ministers;
(g) The President shall receive foreign Diplomatic or Consular
representatives in the country;
(h) The President shall confer state honours on the proposal
of the Council of Ministers.
2. The President shall appoint and dismiss the Prime Minister
and/or dismiss the government if it fails to obtain the required
vote of confidence from Parliament.
3. The President shall dismiss Ministers and Assistant Ministers
on the proposal of the Prime minister.
4. The President shall have authority to: -
(a) Sign international treaties on the proposal of the
Council of Ministers and upon ratification by
Parliament;
(b) Assent and Sign into law, legislation passed by the
parliament and regulations and decrees approved by
the Council of Ministers;
ARTICLE 45
VACANCY IN THE OFFICE OF THE PRESIDENT
If the office of the President becomes vacant by reason of the resignation,
death or permanent disability of the President of the Republic, the
Speaker of Parliament shall with immediate effect exercise the functions
of the President and Parliament shall meet to elect a new President
within thirty- (30) days.
Comment:
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CHAPTER EIGHT
PART III
THE EXECUTIVE
ARTICLE 46
THE PRIME MINISTER
1. The Executive power shall vest in the Council of Ministers.
2. The President shall appoint the Prime Minister who shall be the
leader and chair of the Council of Ministers.
DEPUTY PRIME MINISTERS AND MINISTERS.
3. The Prime Minister shall propose to the President names of
persons to be appointed Deputy Prime Ministers;
4. The Prime Minister shall propose to the President names of
persons to be appointed Ministers and Assistant Ministers;
5. Each Deputy Prime Ministers shall have a ministerial portfolio
and shall supervise a group of related ministries in the political,
social and economic sectors. Their specific duties shall be
specified by legislation.
ARTICLE 47
QUALIFICATION OF THE PRIME MINISTER AND DEPUTY PRIME
MINISTERS.
1. The Prime Minister, the Deputy Prime Ministers, Ministers and
Assistant Ministers shall have the following qualifications:
Comment: To consult on who
appoints between the Prime
Minister and the president
Comment:
Comment:
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(a) Be a citizen of the Somali Republic;
(b) Be a member of Parliament;
(c) Have attained the age of forty (40) years in the case of
the Prime Minister and the thirty-five (35) years in the
case of the Deputy Prime Ministers, Ministers and
Assistant Ministers;
(d) Have proven leadership qualities and political
experience.
ARTICLE 48
RESPONSIBILITIES OF THE PRIME MINISTER.
1. The Prime Minster shall have the following responsibilities -
(a) Preside over the meetings of the Council of Ministers.
(b) Be responsible for the promotion, co-ordination and
supervision of government policy and general
administration.
ARTICLE 49
TENURE OF OFFICE OF THE PRIME MINISTER.
1. A person whose appointment as Prime Minister has been
confirmed by the Parliament shall assume office upon taking
the oath hereunder.
“In the name of Allah I swear that I will discharge
faithfully all my duties as Prime Minister in the
interest of the people and that I will abide by the
Charter and laws of the Somali Republicâ€.
2. The term of office of the Prime Minister shall continue until:
(a) He/She dies, resigns or is dismissed from office; or
(b) Until another person is appointed to that office.
ARTICLE 50
RESIGNATION OF THE PRIME/DEPUTY MINISTER
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1. The Prime Minister and/or the Deputy Prime Ministers may
resign from office by delivering a written statement of
resignation to the President.
2. The resignation stated under Clause (1) shall take effect on the
date and the time specified in the resignation and upon
acceptance by the President.
ARTICLE 51
DISMISSAL OF THE PRIME/DEPUTY PRIME MINISTER (s).
1. If Parliament, by a vote supported by more than fifty per cent of
its members, passes a motion of no confidence in the Prime
Minister, the President shall dismiss the Prime Minister, and
other Members of the Council of Ministers.
ARTICLE 52
COUNCIL OF MINISTERS.
1. There shall be a Council of Ministers, which shall consist of:
(a) The Prime Minister
(b) The Deputy Prime Ministers
(c) The Ministers
2. The Council of Ministers shall: -
(a) Develop government policy and implement national
budgets;
(b) Prepare and initiate Government legislation for
introduction to Parliament;
(c) Implement and administer Acts of Parliament;
(d) Co–ordinate the functions of government Ministries
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(e) Perform any other functions provided for by the
Charter or an Act of Parliament, except those
reserved for the President.
3. Each person appointed as Deputy Prime Minister, Minister or
Assistant Minister:
(a) Assumes office by swearing in the name of Allah
and allegiance to the Somali Republic and
obedience to the Charter.
(b) May resign by delivering a written statement of
resignation to the Prime Minister and the President;
(c) Shall continue in office until he/she dies, resigns or
is dismissed or until another person is appointed to
that office.
ARTICLE 53
ROLE OF THE COUNCIL OF MINISTERS.
1. Unless otherwise stated, the decision of the Council of Ministers
shall be in writing.
2. The Deputy Prime Ministers and Ministers shall assist and
advise the Prime Minister.
3. The Council of Minister shall be accountable collectively based
on the principles of collective responsibility, to Parliament for all
things done including:
(a) The exercise of their powers and the performance of
their functions;
(b) The administration and implementation of legislation
assigned to them.
4. The Three (3) Deputy Prime Ministers and Ministers shall be
individually accountable to the Prime Minister for the exercise
of the powers and the performance of the functions assigned to
each of them.
5. A Minister shall attend before Parliament, or a Committee of
Parliament, when required to do so, and answer any question
concerning a matter assigned to that Minister and his/her
Ministry.
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6. The Council of Ministers shall set the General policy of the
Government in accordance with the Charter and laws of the
land.
CHAPTER NINE
PART IV
THE JUDICIARY.
ARTICLE 54
JUDICIAL AUTHORITY
1. The judicial power of the Somali Republic shall vest in the
courts.
2. The judicial power shall encompass jurisdiction over Civil,
Criminal, Administrative and Commercial matters and any
matter specified by this Charter or any other laws of the land.
ARTICLE 55
INDEPEDENCE OF THE JUDICIARY
1. The Judiciary shall be independent of the legislative and
executive branches of Government and in the exercise of their
judicial functions; the members of the judiciary shall be subject
only to the law.
2. A Judge shall be removed from office only for inability to
perform the functions of his/her office (whether arising from
infirmity of body or mind or from any other cause) or for
misbehaviour, and shall not be removed except in accordance to
this Clause.
3. A Judge shall be removed from office by the President if the
question of his/her removal has been referred to a Tribunal
appointed by the Parliament and the Tribunal has
recommended to the Parliament that the Judge ought to be
removed from office for inability as aforesaid or misbehaviour.
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4. Members of the judiciary shall not hold offices, perform
services, or engage in activities incompatible with their
functions.
5. Administrative and disciplinary measures relating to members
of the judiciary shall be adopted, as provided by law, by decree
of the President of the Republic on the proposal of the minister
of Justice and Religious Affairs and in conformity to the
decision of the Judicial Service Council.
6. The Judiciary shall not be subject to the direction of any other
organ or body.
7. The judiciary shall interpret and implement the law in
accordance with the Charter and laws.
8. Parliament shall make law setting the terms of the
appointment, dismissal, discipline and terms of service of
Judges.
ARTICLE 56
THE JUDICIAL PROCESS.
1. Judicial proceedings shall be open to the public, but the court
may decide, for reasons of morals, hygiene or public order, that
the proceedings be held in camera.
2. No judicial decision shall be taken unless all the parties have
had the opportunity of presenting their case.
3. All judicial decisions and measures concerning personal liberty
shall state the grounds thereof.
ARTICLE 57
JUDICIAL PRINCIPLES
1. No extraordinary or special courts shall be established, except
for military tribunals, which shall have jurisdiction only over
military offences committed by members of the armed forces
both during war and peacetime.
2. The public, both civilian and military shall directly participate
in Judiciary proceedings in conformity with those laws defining
such participation.
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ARTICLE 58
JUDICIAL IMMUNITY.
No criminal proceedings shall be instituted against a sitting judge,
nor be interrogated as object of criminal investigation, or his
person or domicile be searched nor shall be arrested unless caught
in the commission of a crime, or without the authorization of the
Judicial Service Council.
ARTICLE 59
APPOINTMENT OF JUDGES.
1. All the Judges shall be appointed by the President acting in
accordance with the advice of the Judicial Service Council.
2. The appointment of Judges shall be based on legal
qualifications and competence.
3. A person shall not qualify to be appointed a Judge of the
Supreme Court unless:
i. He/she is, or has been, a Judge of the Appeal Court
having unlimited jurisdiction in Civil, Commercial and
Criminal matters; or
ii. He/she is an advocate of the High Court of Somalia of
not less than five (5) years standing; or
4 If the office of a Judge is vacant, or if a Judge for any reason is
unable to discharge the functions of his/her office, or a judge
retires at the attainment of sixty-five (65) years of age; a new
judge shall be appointed on the proposal of the Judicial Service
Council by the President.
ARTICLE 60
THE COURT SYSTEM
1. The court system shall consist of:
(a) The Transitional Supreme Court
(b) The Transitional Appeal Court
(c) Other Courts established by Law
ARTICLE 61
THE SUPREME COURT.
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1. There shall be a Supreme Court, which shall be the highest
court in the Somali Republic and shall have unlimited original
jurisdiction in the whole territory in Civil, Criminal, Commercial
and such other powers as may be conferred on it by this
Charter or any other law.
2. In addition to any other jurisdiction under this Charter or any
other law, the Supreme Court shall have the power to hear and
determine judgement on any dispute about the Transitional
Federal Charter and other laws.
3. One of the Judges of the Supreme Court shall be the President
of the Court and such other Judges as may be prescribed by
Law.
4. The Judges of the Supreme Court shall have the security of
Tenure while in office.
5. Parliament shall make law regarding the structure and
composition of the Supreme Court.
ARTICLE 62
SEAT OF THE SUPREME COURT.
The seat of the Supreme Court shall be in the capital of the Somali
Republic.
ARTICLE 63
THE JUDICIAL SERVICE COUNCIL.
1. There shall be a Judicial Service Council which shall undertake
and direct the General Policy and the Administration of the
Judiciary as prescribed by law.
2. The Judicial Service Council shall comprise:-
(a) President of the Supreme Court.
(b) The Attorney General of the Republic.
(c) Three (3) Judges elected from the Supreme Court.
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(d) Four (4) Lawyers selected from the private law
practitioners by the Law Society of Somalia.
3. Members of the Council shall enjoy similar privileges and
immunity as that of the Judges.
4. The Council shall be responsible for the appointment, transfers,
conduct, discipline and remuneration of Judges.
5. The term of each council member shall be four years.
ARTICLE 64
THE OFFICE OF THE ATTORNEY GENERAL.
1. The office of the Attorney General shall be a division of the
judicial institution and shall comprise of:-
(a) The Attorney General whose duty shall be to
safeguard the implementation of the laws in the whole
Republic. His duties, responsibilities and scope of
duties shall be specified by law ;
(b) The Attorney General shall be appointed by the
President on the recommendation of the Council of
Ministers ;
(c) The Attorney General shall be the principal legal
adviser to the Transitional Federal Government;
(d) The State and Districts Attorney Generals whose
powers are limited to specific regions and districts will
be appointed as specified in sub section (b).
2. It shall be the responsibility of the Attorney General to promote
and uphold the Rule of Law.
CHAPTER TEN
ARTICLE 65
SECURITY AND DEFENSE FORCES.
1. The Somali Republic shall have a national armed force
consisting of the army and police.
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2. The Armed forces shall faithfully abide and preserve the
Charter, the laws of the land and unity of the country.
3. The law shall regulate the structure and functions of the armed
forces and the system of cooperation and coordination amongst
them in the fulfilment of their institutional duties.
CHAPTER ELEVEN
LAND AND PROPERTY.
ARTICLE 66
THE POLICY FOR LAND.
1. Land being Somalia’s primary resource and the basis of
livelihood for the people shall be held, used and managed in a
manner which is equitable, efficient, productive and
sustainable.
2. The Government shall define and keep constant the national
land policy and framework of the land in the Somali Republic
which shall ensure the registration, use, ownership, access,
occupation, management rights, security, interests and title of
the land.
ARTICLE 67
NATURAL RESOURCES AND ENVIRONMENT PROTECTION.
1. The natural resources of the country such as the minerals,
water, flora and fauna shall be public property and a law shall
be enacted which defines the manner of exploitation for the
common good.
2. The Transitional Federal Government shall give priority to the
protection, conservation, and preservation of the environment
against anything that may cause harm to the natural
biodiversity and ecosystem.
3. Every person in the Somali Republic shall have a duty to
safeguard and enhance the environment and participate in the
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development, execution, management, conservation and
protection of the natural resources and environment.
4. The Transitional Federal Government shall adopt urgent
measures to clean up the hazardous waste dumped on and off
shores of the Somali Republic. Compensation shall be
demanded of those found liable for such crimes.
5. The Transitional Federal Government shall take urgent steps to
reverse the trend in desertification, deforestation, environmental
degradation, illegal charcoal burning and export of endangered
wildlife species.
CHAPTER TWELVE
NATIONAL COMMISSIONS.
ARTICLE 68
INDEPENDENT COMMISSIONS AND ADMINISTRATIVE
COMMITTEES.
1. There shall be established such independent Commissions and
Committees as may be necessary.
2. The establishment of independent commissions, their
structures and functions shall be proposed by the Council of
Ministers and approved by Parliament .
3. The respective ministers shall propose the components of these
commissions to the Council as stated below:-
(a) Federal constitutional Commission
(b) National Commission for Reconciliation.
(c) National Population and Demographic Census
Commission.
(d) Civil Service Commission.
(e) National Commission for the recovery and
registration of public and private property.
(f) National Resettlement Commission.
(g) Somalia Olympic Commission.
(h) State Boundary Demarcation Commission.
(i) Disarmament and demobilization Commission.
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(j) Economic recovery Commission;
(k) Land and Property Disputes Commission.
(l) Electoral Commission
CHAPTER THIRTEEN
INTERNATIONAL RELATIONS.
ARTICLE 69
INTERNATIONAL AND BILATERAL RELATIONS
1. The Transitional Federal Government of the Somali Republic
shall uphold the rules of international law and all international
treaties applicable to the Somali Republic and subject to the
legislative Acts of Parliament, international laws accepted and
adopted shall be enforced.
2. The Transitional Federal Government of the Somali Republic
shall uphold all bilateral agreements concluded by the Somali
Republic
CHAPTER FOURTEEN
AMENDMENT OF THE CHARTER.
ARTICLE 70
AMENDMENT OF THE CHARTER.
1. Subject to this Article, Parliament shall have the power to add,
amend, alter, vary or otherwise revise this Charter.
2. An Amendment of this Charter may be initiated only by the
introduction of a Motion for that purpose supported by not less
than one third (1/3) and passed by not less than two-thirds
(2/3) of the total members of parliament.
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CHAPTER FOURTEEN
TRANSITORY CLAUSE AND ENTRY INTO
FORCE OF THE CHARTER.
ARTICLE 71
TRANSITIONAL PERIOD.
1. The Charter shall have legal effect pending the eventual
enforcement of the National Federal Constitution.
2. The 1960 Somalia Constitution and other national laws shall
apply in respect of all matters not covered and not inconsistent
with this Charter.
3. The Transitional Federal Government shall endeavour to
repossess and restore to the state all public properties, either
movable or immovable, within or outside the country.
4. In respect of private property currently held illegally,
Government shall endeavour to restore it to the rightful owners.
5. The Transitional Federal Government shall devote the necessary
efforts to restore peace and security, free movement of people,
goods and services, disarmament and collection of illegal
weapons in the hands of the public for safekeeping
rehabilitation and reintegration of all militia in co-operation
with regional administrations, traditional elders and members
of the international community.
6. The Transitional Federal Government shall make necessary
efforts to resettle refugees and displaced persons.
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7. The ongoing development projects in the country may continue,
provided they do not infringe on the sovereignty of the state and
do not harm the environment. All new projects are subject to
Transitional Federal Government guidelines and approval.
8. Effective from the conclusion of the Somali National
Reconciliation Conference held in Kenya, all militia
organizations, armed groups and factions in the territory of the
Somali Republic shall cease to exist and shall turn in their
weapons to the Transitional Federal Government.
9. The present Charter shall be the basis for the federal
constitution whose draft shall be completed within two and half
(2 1/2) years and be adopted by popular referendum during the
final year of the transitional period.
10. The Transitional Federal Government shall take all
necessary measures to combat tribalism, nepotism, looting of
public properties, corruption and all fraudulent activities, which
may undermine the functioning of state organs and decent
traditions of the society.
11. The Transitional Federal Government shall audit and assess
all ongoing foreign funded development projects with a view to
establishing whether they infringe on Sovereignty or state
security or impair the culture, environment or health of the
people.
12. For the avoidance of doubt, this Charter shall come into
force on the date the delegates at the Somali National
Reconciliation Conference in Kenya approve it and continue to
be operational until the approval and enforcement of the federal
constitution.
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SCHEDULE I
THE POWER OF THE TRANSITIONAL
FEDERAL GOVERNMENT.
The Transitional Federal Government shall have authority
throughout the Somali Republic over the following matters –
1. Foreign Affairs.
2. Defence and Security.
3. Finance and Central Bank.
4. Establishment of State structures.
5. Posts and Telecommunications.
6. Immigration and Naturalization.
7. Ports Administration.
8. Planning and Economic Development.
9. Natural Resources.
10.Acceptance and licensing of private companies specifically
at national level.
11.Collecting import/export and indirect taxes.
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SCHEDULE II
POWERS OF THE STATE GOVERNMENTS.
The State Governments shall control the following functions within
their territories -
1. Education.
2. Health.
3. Regional Roads.
4. Environment protection.
5. Regional police.
6. Housing.
7. Water and Electricity Development.
8. Agricultural Development and Water
Management.
9. Livestock and rangeland development.
10. Development of small businesses and states
business co-operations
11. Settlement of population.
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12. Develop state constitutions their state flags and
state emblem.
13. Appoint their state election committees and
implement the state elections.
14. Collect all direct taxes
15. Promote sports, arts, literature and folklore.
16. Business licenses.
17. Town planning and construction permits.
18. Public sanitation.
19. Recreation centres and child gardens.
20. General Public Health.
SCHEDULE III
The reports of the five Reconciliation Committees of the Somali National
Reconciliation Conference in Kenya 2002-2003.
SCHEDULE IV
List of the delegates, political leaders and political groups.