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Provisional Constitution

The F ede r al R epublic of S omalia

P r o visional C onstitution

Adop ted August 1, 2012
Mo gadishu, Somalia

This is a n unofficial translation of the copy of the officially signed and sta mped version of the
Provisional Constitution as submitted to the House of the People of the Federal Pa rliament on
07 September 2012.

THE FEDERAL REPUBLIC OF SOMALIA

Contents

CHAPTER 1: DECLARATION OF THE FEDERAL REPUBLIC OF SOMALIA

Article 1. The Feder al Republic of Somalia …………………………………………………………………………………………… 1
Article 2. State and Religion …………………………………………………………………………………. ……………………………….. 1
Article 3. Founding Principles …………………………………………………………………………………………………………….. … 1
Article 4. Supremacy of the Constitution ………. ……………………………………………………………………………………… 1
Article 5. Official Langua ges……………………………………………………………………………………………………………. ……. 2
Article 6. The Flag and National Symbols ……………………………………………………………………………………………… 2
Article 7. The Territo ry of the Federal Republic of Somalia ………………………….. …………………………………….. 2
Article 8. The People and the Citizenship ……………………………………………………………………………………………… 3
Article 9. The Capital City of the Nation ………… ……………………………………………………………………………………. 3
CHAPTER 2: FUN D AMEN TAL RIGHTS AND THE DUTIES OF THE CITIZEN

Title One: General Principles Of Human Rights ………………………………………. ………… .3

Article 10. Human Dignity …………………………………………………………………………………………………………….. ……….. 3
Article 11. Equality …………………………………………….. …………………………………………………………………………………… 3
Article 12. Application of the Fundamental Rights …………………………………………………………………………………. 4
Title Two: Rights, Basic Personal Libe rties and Limitation s…………………………………. .4

Article 13. Right to Life …………………………………………………………………………………………………………….. ……… ……. 4
Article 14. Slavery, Se rvitude and Forced Labou r…………………………………………………………………………………….. 4
Article 15. Libe rty and Security of the Perso n…………………………………………. ……………………………………………… 4
Article 16. Freedom of Associatio n…………………………………………………………………………………………………………. 4
Article 17. Freedom of Religion and Bel ief …………………………………………………………………………………………….. 4
Article 18. Freedom of Expression and Opinions …………………………………………………………………………………. .. 5
Article 19. Inviolability of Home …………………………………………………………………………………………………………….. 5
Article 20. Freedom of Assembl y, Demonstration, Protest, and Petition …………….. …………………………………. 5
Article 21. Freedom of Movement and Residenc e…………………………………………………………………………………… 5
Article 22. Right of Political Participation …………………. ……………………………………………………………………………. 5
Article 23. Freedom of Trad e, Occupation, and Profession ……………………………………………………………………. 5
Article 24. Labour Relat ion s…………………………………………………………………………………………………………….. ……… 6
Article 25. Environment ……………………………………………………………………………… ………………………………………….. 6
Article 26. Prope rty …………………………………………………………………………………………………………….. ………………….. 6
Article 27. Economic and Soci al Rights …………………………………………………………………………………………………… 6
Article 28. Family Car e…………………………………………………………………………………………… ……………………………….. 6
Article 29. Children …………………………………………………………………………………………………………….. ………………….. 7
Article 30. Education……………….. …………………………………………………………………………………………………………….. . 7
Article 31. Langua ge and Culture ………………………………………………………………………………… ………………………….. 8

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Article 32. Right of Access to Info rmation ……………………………………………………………………………………………. 8
Article 33. Just Administrat ive Decis ion s…………………………………………………………………………………………………. 8
Article 34. Access to Cou rts and le gal defence …………………………………………………………………………….. …………. 8
Article 35. The Rights of the Accused …………………………………………………………………………………………………….. 8
Article 36. Extradition of the Accused and Criminal s……………………….. ……………………………………………………. 9
Article 37. Refu gees and Asylu m…………………………………………………………………………………………………………….. . 9
Article 38. Limitation of Righ ts …………………………………………………………………………………………………………….. .. 9
Article 39. Redress of Violations of Human Rights ……………………………………………………………… ………………… 10
Article 40. Inte rpretation of the Fundamental Rights ……………………………………………………………………………… 10
Article 41. Human Rights Commission ………………………………………. ………………………………………………………….. 10
Title 3: Duties of Citi zens …………………………………………………………………………………. .10

Article 42. Duties of the Citizen s………………… ………………………………………………………………………………………….. 10
CHAPTER 3: LAN D , P ROPE RTY AND ENVI RONMENT

Article 43. Lan d…………………………………………………………………………… ………………………………………………………….. 11
Article 44. Natural Resources …………………………………………………………………………………………………………….. ….. 12
Article 45. Enviro nment …………………………………………………………………………………………………………….. …………… 12
CHAPTER 4: REPRESEN TATION OF THE PEOPLE

Title One: General Principles of Rep resentation of the People ……………………………… .12

Article 46. The Pow er of the People ………………………………………………………………………………………………………. 12
Title Two: Elections ……………………………. …………………………………………………………… .13

Article 47. Electoral System and Political Parties …………………………………………………………………………………….. 13
CHAPTER 5: DE VOLUTION OF TH E P O WERS OF S TATE IN THE FEDERAL
REPUBLIC OF SOMALIA

Title One: St ructu re and Principles of Coll aboration of the Le vels of G ov ernment ……13

Article 48. The St ructure of the G overnment ………………………………………………………… ………………………………. 13
Article 49. The Number and Boundaries of the Federal Member States and Districts ……………………………. 13
Article 50. Principles of Federalism in the Federal Republic of Somalia …………………. ……………………………… 14
Article 51. Collaborat ive Relationships Bet ween the Various Le vels of Government in the Federal Republic
of Somalia ……………………………………………………………………………………… ……………………………………… 14
Article 52. Cooperat ive Relationships Bet ween the Various Federal Member State G overnments ………….. 15
Article 53. Inte rnational Ne gotiations ………………………………………………… …………………………………………………… 16
Article 54. Allocation of pow ers …………………………………………………………………………………………………………….. . 16

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THE FEDERAL REPUBLIC OF SOMALIA

CHAPTER 6: THE FEDERAL PARLIAMENT

Title One: General P rovisions ……………………………………………………………………………. .16

Article 55. The Houses of the Federal Parliament …………………………….. ……………………………………………………. 16
Article 56. Perfo rmance of the Federal Parliamen t………………………………………………………………………………….. 16
Article 57. Joint Sittings ……………. …………………………………………………………………………………………………………….. 16
Article 58. Membership Criteria for the Federal Parliament ………………………………………………………….. ………… 17
Article 59. Disqualification of Membership of the Federal Parliamen t…………………………………………………… .. 17
Article 60. Term of Office ……………………………………………………………………. ………………………………………………… 18
Article 61. Responsibilities of Members of the Federal Parliamen t…………………………………………………………. 18
Article 62. Joint Committees of the Federal Parliament….. ………………………………………………………………………. 18
Title Two: The House Of The People Of The Federal Parliament ………………………… .18

Article 63. The Legislat ive Pow ers of the House of the People ………. ……………………………………………………… 18
Article 64. The Number of the Members of the House of the People …………………………………………………… 19
Article 65. The Spea ker and D eputy Spea kers of the House of the People of the Federal Parliament …… 19
Article 66. Sessions of the House of the People of the Federal Parliament ……………………………………………. 19
Article 67. Dissolution of the House of the People of the Federal Parliamen t……………………………………….. 20
Article 68. Rules of Procedure of the House of the People of the Federal Parliamen t…………………………… 20
Article 69. The Pow ers of the House of the People of the Federal Parliament ………… ……………………………. 20
Article 70. The Im munity of the Members of the House of the People of the Federal Parliament ……….. 21
Title Three: The Legislat ive Pow ers Of The Upper House Of The Federal Parliament
……………………. ……………………………………………………………………………….. .21

Article 71. The Upper House of the Federal Parliament …………………………………………………………………………. 21
Article 72. The Number of Members of the Upper House of the Federal Parliament …………………………… 22
Article 73. The Spea ker and D eputy Spea ker of the Upper House of the Federal Parliament ………………… 22
Article 74. Sessions of the Upper House of the Federal Parliament ……………………………………………………….. 22
Article 75. Rules of Procedure of the Upper House of the Federal Parliamen t………………………………………. 23
Article 76. Decision -making in the Uppe r House of the Federal Parliament …………………………………………… 23
Article 77. Presence of Ministers in the Sessions of the Upper House of the Federal Parliament ………….. 23
Article 78. The Im munity of the Members of the Upper H ouse of the Federal Parliament …………………… 23
Title Fou r: Legislat ive P rocedu res In Parliament …………………………………………………. .24

Article 79. Draft Legislatio n……………………………………………… …………………………………………………………………….. 24
Article 80. Initiating New L aws …………………………………………………………………………………………………………….. … 24
Article 81. Political Resolutions …………………………………………………………………………………………………………….. .. 24
Article 82. Draft L aws Initiated in the House of the People of the Federal Parliament …………. ………………. 24
Article 83. Draft L aws Initiated in the Upper House of the Federal Parliament …………………………………….. 25
Article 84. Publishing and Keeping Records of Laws ……………………………………………….. ……………………………. 26

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Article 85. Assent to Legislation …………………………………………………………………………………………. ………………….. 27
Article 86. Challen ging Legislatio n…………………………………………………………………………………………………………… 27
CHAPTER 7: THE PRESIDENT OF THE FEDERAL REPUBLIC

Article 87. The President of the Federal Republic of Somalia ………………………………………………………………… 27
Article 88. Eligibility Criteria for the position of President of the Federal Republic of Somalia …………….. 28
Article 89. Election of the President of the Federal Republic of Somalia ………………………………………………. 28
Article 90. The Responsibilities and Pow ers of the President of the Federal Republic of Somalia …………. 29
Article 91. Term of Office of the President of the Federal Republ ic of Somali a……………………………………. 29
Article 92. Impea chment and Dis charging of Duties of the President of the Federal Republic of Somalia
………………………………………………………………………………… …………………………………………………………….. 30
Article 93. Resignation of the President of the Federal Republic of Somali a………………………………………….. 30
Article 94. Acting President of the Federal Republi c of Somali a…………………………………………………………….. 30
Article 95. Vacancy in the Office of the President of the Federal Republic of Somalia ………………………….. 30
Article 96. Oath of the President of the Fede ral Republic of Somalia ……………………………………………………. 31
CHAPTER 8: THE EXECUTIVE BRANCH

Article 97. The Council of Minister s…………………………………………………………………………………… ………………….. 31
Article 98. Criteria for Membership of the Council of Ministers ……………………………………………………………. 31
Article 99. Responsibilities of the Council of Ministers ………………………….. ……………………………………………… 32
Article 100. Responsibilities and Pow ers of the Prime Minister ………………………………………………………………… 32
Article 101. Deputy Prime Minister ………………. ………………………………………………………………………………………….. 32
Article 102. Functions of the Ministe r, D eputy -Ministe r, and State Minister …………………………………………… 32
Article 103. Ca reta ker G overnment …………………………………………………………………………………………………………… 32
Article 104. Oat h……………………………………………………………………………….. ……………………………………………………… 33
CHAPTER 9: THE JUDICIAL AUTHORITY

Article 105. The Judicial Authority of the Federal Republic of Somalia ……………………………………………………. 33
Article 106. Judicial Ind ependenc e…………………………………………………………………………………………………………….. 33
Article 107. Judicial Procedur e…………………………………………………………………. ……………………………………………….. 33
Article 108. National Cou rt St ructure ……………………………………………………………………………………………………….. 33
Article 109. The Proceedings of the National Cou rts ……………………………………………………………………………….. 34
Article 109A. The Judicial Se rvice Commission ………………………………………………………………………………… ………… 34
Article 109 B. The Formation of the Constitutional Cou rt…………………………………………………………………………… 35
Article 109 C. The Pow ers of the Constitutional Cou rt………………………………. ……………………………………………….. 35
CHAPTER 10: THE INDEPENDENT COMMISSIONS

Article 110. General Principles …………………………………………………………………………………………………………. ………. 36
Article 111. The Formation of Ind ependent Commissions ………………………………………………………………………. 36
Article 111A. The Judicial Se rvice Commission: ……………………………………………. ……………………………………………. 36

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Article 111 B. The Human Rights Commission ……………………………………………………………………………………………. 36
Article 111 C. The Anti -Co rruption Commissio n…………………………………………………………………………………………. 37
Article 111 D. Parliamenta ry Se rvice Commission ……………………………………………………… ………………………………… 38
Article 111E. Boundaries and Federation Commissio n………………………………………………………………………………… 38
Article 111 F. Inte r-state Commission ………………………. …………………………………………………………………………………. 39
Article 111 G. National Ind ependent Electoral Commission ………………………………………………………………………… 39
Article 111H. National Security Commissio n……………………………………………………………………………………………….. 40
Article 111I. Truth and Reconciliation Commission …………………………………………………….. ……………………………. 40
Article 111 J. The Office of the Ombudsman……………………………………………………………………………………………… 41
Article 112. Appointment of Ind ependent Commissions at the Federa l Le vel………………………………………….. 42
Article 113. Regulations of Ind ependent Commission s…………………………………………………………………………….. 42
Article 114. The Ind ependent Offices ………….. …………………………………………………………………………………………… 42
CHAPTER 11: CIVIL SE RVICE

Article 115. Civil Se rvice Values ………………………………………………………………………… ……………………………………… 42
Article 116. Protection of the rights of civil se rvants ……………………………………………………………………………….. 42
Article 117. Appointment of High Ranking Officials …. ……………………………………………………………………………. 42
Article 118. Civil Se rvants and Public Empl oyees ……………………………………………………………………………………… 43
Article 119. Civil Se rvic e…………………………………………………………………………………………………………….. …………….. 43
CHAPTER 12: FEDERAL MEMBER S TATES

Article 120. Institutions of the Federal Member States …………………………………………………………………………… 43
Article 121. Principles for Constitutions ……………………………………………………………………………………………………. 43
CHAPT ER 13: PUBLIC FI N ANCE

Article 122. Principles of Public Financ e…………………………………………………………………………………………………… 44
Article 123. The Federal Central Bank ……………………………… ………………………………………………………………………. 44
Article 124. Federal Legislation on Financial Matters ………………………………………………………………………………… 44
Article 125. The Na tional Rese rve …………………………………………………………………………………………………………….. 45
CHAPTER 14: PEACE AND SECURITY

Article 126. Security of the Federal Republic of Somalia ………………… ……………………………………………………….. 45
Article 127. Principles for the Security Forces …………………………………………………………………………………………… 45
Article 128. Abuse of Pow ers ……………………………………………………………………………………………………………… ……. 46
Article 129. The Office of the Ombudsman…………………………………………………………………….. ………………………. 46
Article 130. Security A gencies L aws ………………………………………………………………………………………………………….. 46
Article 131. State of Emer gency ………………………… …………………………………………………………………………………….. 46

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CHAPTER 15: FI N AL AND TRANSITIO N AL P RO VISIONS

Title One: Amending The Constitution …………………………. ………………………………….. .47

Article 132. Pr ovisions Applicable to an Amendment to the Constitution Proposed After the Expi ry of the
First Term of the Federal Parliamen t……………………………………………………………. ……………………….. 47
Article 133. Pr ovisions Applicable to an Amendment to the Pr ovisional Constitution S chedule One (C), or
a Law Mentioned in S chedule One (D) of this Constitution, Proposed Before the Expi ry of the
First Term of the Federal Parliament: The O versight Committe e………………………………………….. 48
Article 134. Pr ovisions Applicable to an Amendment to the Constitution Proposed Before the Expi ry of the
First Term of the Federal Parliament: The Review and Implementa tion Commissio n…………… 50
Article 135. Mandates and Prescribed Timelines for Priority Institutions and Ind ependent Commissions the
Federal Parliament Shall Establish ………………………………………………………………………. …………………. 51
Article 136. Adoption of a Constitutional Amendment During the First Term of the House of the People;
Adoption of the Final Constitution. ……………………………………………………………………………….. …….. 51
Article 137. Review of the Constitution of the Federal Republic of Somalia After Ratification by Referendum
…………………………………………………………………………………………………………….. ………. ……………………….. 52
Title Two: Miscellaneous P rovision s…………………………………………………………………… .52

Article 138. Coming Into Effect of this Constitution ………………………………………….. …………………………………… 52
Article 139. Conti nuation of the L aws ………………………………………………………………………………………………………. 53
Article 140. Inte rnational Obli gations ……….. ……………………………………………………………………………………………… 53
Article 141. Referendums ……………………………………………………………………………………………………….. ………………… 53
Article 142. Existing Federal Member States in Somalia ……………………………………………………………………………. 53
Article 143. Repeal of the Transitional Federal Cha rter ………………………. ……………………………………………………. 53
SCHEDULES

SCHEDULE ONE (A) – THE SOMALI FLAG ………………………………………………….. .54

SCHEDULE ONE (B) – THE SOMALI EMBLE M ………………………………….. ……….. .54

SCHEDULE ONE (C) – TRANSITION: P ROPOSED AMENDMENTS TO THE
CONSTITUTION IN THE FIRST TERM OF THE SOMALI FEDERAL
PARLIAMENT ………………………………………………………………………………. .55

SCHEDULE ONE (D) – PRIORITY L AWS TO BE E N ACTED IN THE FIRST
TERM OF THE FEDERAL PARLIAMENT ……………………………………. .55

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THE FEDERAL REPUBLIC OF SOMALIA

CHAPTER 1: DECLARATION OF THE
FEDERAL REPUBLIC OF SOMALIA

Article 1. The Federal Republic of Somalia

(1) Somalia is a federal, s overeign, and democratic r epublic founded on inclus ive r epresentation of the
peopl e, a multipa rty system and social justic e.

(2) After Allah the Almight y, all p ow er is vested in the people and can only be e xercised in accordance
with the Constitution and the l aw and through the rele vant institution s. It is prohibited for a person
or a section of the public to claim the s overeignty of the Federal Republic of Somalia, or to use it
for their personal interest.

(3) The s overeignty and unity of the Federal Republic of Somalia is i nviolabl e.
Article 2. State and Religion

(1) Islam is the religion of the Stat e.

(2) No religion other than Islam can be propa gated in the count ry.

(3) No l aw can be enacted that is not compliant with the general principles and object ives of
Shari’ah.

Article 3. Founding Principles

(1) The Constitution of the Federal Republic of Somalia is based on the foundations of the Holy
Quran and the Sunna of our prophet Mohamed (P BUH) and p rotects the higher object ives of
Shari’ah and social justic e.

(2) The Federal Republic of Somalia is a Muslim count ry whi ch is a member of the African and Arab
Nation s.

(3) The Federal Republic of Somalia is founded upon the fundamental principle s of pow er sharing in a
federal system.

(4) The Constitution of the Federal Republic of Somalia promotes human right s, the rule of law,
general standards of international law, justic e, pa rticipato ry consultat ive and inclus ive government, and
the s eparation of pow ers bet ween the legislatur e, e xecut ive and an ind ependent judicia ry, in order to
ensure accountabilit y, efficiency and respons iveness to the interests of the peopl e.

(5) Women must be included , in an effective way, in all national institution s, in pa rticu lar all
elected and appointed positions across the three bran ches of government and in national
ind ependent commission s.
Article 4. Sup remacy of the Constitution

(1) After the Shari’ah, the Constitution of the Federal Republic of Somalia is the supreme law of
the count ry. It binds the government and guides policy initiat ives and decisions in all sections of
government.
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PROVISIONAL CONSTITUTION

(2) Any l aw, or administrat ive action that is contra ry to the Constitution m ay be i nvalidated by the
Co nstitutional Cou rt, whi ch has the authority to do so in accordance with this Constitution.

Article 5. Official Langu ages

The official langua ge of the Federal Republic of Somalia is Somali (Ma ay and Maxaa -tiri), and Arabic is
the second langua ge.

Article 6. The Flag and National Symbols

(1) The flag of the Federal Republic of Somalia, as sh own in section A of Schedule On e, is a light blue
rectangle in the centre of whi ch is a white star with fi ve equal point s.

(2) The emblem of the Federal Republic of Somalia, as sh own in section B of Schedule On e, is a blue
shield with a gold fram e, in the centre of whi ch is a sil ver-coated, fi ve-pointed sta r. The shield is
su rmounted by a decorated emblem with fi ve golden head s, with t wo lateral ones hal ved. The sh ield
is bo rne from the sides by t wo leopards facing ea ch other under the l ow er point of the shield, along
with t wo palm le aves, whi ch are interlaced with a white ribbon.

(3) Somalia has a national anthem whi ch is “ Qolobaa Calan keed”

(4) The Federal Membe r States of the Federal Republic of Somalia shall h ave their own flags and
national symbols in accordance with the federal system.

Article 7. The Territo ry of the Federal Republic of Somalia

(1) The s overeignty of the Federal Republic of Somalia extend s over all the te rrito ry of the Federal
Republic of Somalia, whi ch includes the land, te rritorial sea, the island s, the subsoil, the air spac e,
and the continental shel f, and any land and waters that join the Federal Republic of Somalia in
accordance with a l aw that shall be passed by the Federal Parliament.

(2) The te rrito ry of the Federal Republic of Somalia is i nviolable and ind ivisibl e.

(3) Any inte rnational bounda ry dispute over the te rrito ry of the Federal Republic of Somalia shall be
resol ved in a peaceful and cooperat ive manner that is in accordance with the l aws of the land and
inte rnational l aw.

(4) The boundaries of the Federal Republic of Somalia shall be those described in the 1960
Constitution of Somalia.

(5) The boundaries of the Federal Republic of Somalia are:
(a) To the no rth: The Gulf of Aden;
(b) To the no rth west: Djibouti;
(c) To the west: Ethiopia;
(d) To the south west: Kenya;

(e) To the east: the Indian Ocean.

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THE FEDERAL REPUBLIC OF SOMALIA

Article 8. The People an d the Citi zenship

(1) The people of the Federal Republic of Somalia are on e, ind ivisible and comprise all the
citizen s.

(2) There shall be only one Somali citizenshi p, and the House of the People of the Federal Parliament
of Somalia shall enact a special law that shall define how to obtain, suspend, or lose it.

(3) A person who is a Somali citizen cannot be d epr ived of Somali citizenshi p, e ven if they become a
citizen of another count ry.

(4) Denial, suspension, or d epr ivation of Somali citizenship m ay n ot be based on political ground s.
Article 9. The Capital City of the Nation

The capital city of the Federal Republic of Somalia is Mo gadishu. The status of the capital city of
Somalia shall be dete rmined in the constitutional review proces s, and the t wo houses of the Somali
Federal Parliament shall enact a special l aw with re gards to this issu e.

CHAPTER 2: FUN D AMEN TAL RIGHTS AND THE DUTIES OF THE
CITIZEN

Title One: General Principles Of Human Rights

Article 10. Human Dignity

(1) Human dignit y is g iven by God to e very human being, and this is the basis for all human right s.
(2) Human dignity is i nviolable and must be protected by all.
(3) State p ow er must not be e xercised in a manner that violates human dignit y.
Article 11. Equality

(1) Al l citizen s, re gardless of sex, religion, social or economic statu s, political opinion, clan, disabilit y,
occupation, bi rth or dialect shall h ave equal rights and duties before the l aw.

(2) Discrimination is deemed to occur if the effect of an action impai rs or restricts a perso n’s right s,
even if the actor did not intend this effect.

(3) The State must not discriminate a gainst any person on the basis of age, rac e, colou r, trib e, ethnicit y,
cultur e, dialect, gende r, bi rth, disabilit y, religion, political o pinion, occupation, or wealth.

(4) All State pro gram s, su ch as l aws, or political and administrat ive actions that are designed to
achie ve full equality for ind ividuals or groups who are disad vanta ged, or who h ave suffered from
discrimination in the past, shall be deemed to be not discriminato ry.

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PROVISIONAL CONSTITUTION

Article 12. Application of the Fundamental Rights

(1) The fundamental rights and freedoms recognized in this Chapter shall al ways be respected in the
making and application of the l aw. Li kewis e, they must be respected by all ind ividuals and pr ivate
or ganisation s, as well as by e very state institution and state official as they ca rry out their official
function s.

(2) It is the responsibility of the state not only to ensure it do es not violate rights through its action s,
but also to ta ke reasonable st eps to protect the rights of the people from abuse by other s.

(3) The rights recognized in this Chapter m ay be limited only by a l aw as pr ovided for in A rticle 38.

Title T w o: Rig hts, Basic Personal Libe rties and Limitations

Article 13. Right to Life

Everyone has the right to lif e.
Article 14. Slavery, Se rvitude and Forced L abour

A person m ay not be subjected to sl avery, se rvitud e, traffi cking, or forced labour for any pu rpos e.

Article 15. Libe rty and Security of the Person

(1) Every person has the right to personal libe rty and securit y.

(2) Every person has the right to personal securit y , and this includes: the prohibition of ille gal detention,
all fo rms of violenc e, including any fo rm of violence a gainst women, to rtur e, or inhumane
treatment.

(3) Every person has the right to p hysical inte grity , which cannot be violated. No one m ay be
subjected to medical or scientific experiments without their consent o r, if a perso n la cks the le gal
capacity to consent, the consent of a near relat ive and the suppo rt of expe rt medical opinion.

(4) Female circumcision is a c ruel and de grading customa ry practic e, and is tantamount to to rtur e. The
circumcision of girls is prohibited.

(5) Abo rtion is contra ry to Shari’ah and is prohibited e xcept in cases of necessit y, especially to s av e the
life of the mothe r.

Article 16. Freedom of Association

Every person has the right to associate with other ind ividuals and group s. This includes t he right to
form and belong to or ganization s, including trade unions and political pa rtie s. It also includes the right
not to associate with other s, and a person cannot be forced to associate with any other ind ividual or
group.
Article 17. Freedom of Religion and Belief

(1) Every person is free to practice his or her religion.
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THE FEDERAL REPUBLIC OF SOMALIA

(2) No religion other than Islam can be propa gated in the Federal Republic of Somalia.
Article 18. Freedom of Exp ression and Opinions

(1) Every person has the right to h ave and express their opinions and to rece ive and impa rt their
opinion, info rmation and ideas in any wa y.

(2) Freedom of expression includes freedom of spee ch, and freedom of the media, including all fo rms of
electronic an d web -based media.

(3) Every person has the right to freely express their a rtistic creat ivit y, kn owled ge, and info rmation
gathered through resear ch.

Article 19. Inviol ability of Home

(1) The home and other d wellings of the person shall be i nviolabl e, and their ent ry, sear ch or
su rveillance shall not be all ow ed without a reasoned order from a jud ge.

(2) Any su ch order must be read properly to the occupier of the d welling before ent ry, and the
inspecting authority is prohibited to violate the l aw.
Article 20. Freedom of Assemb ly, Demonstration, P rotest, and Petition

(1) Every person has the right to or ganize and pa rticipate in meeting s, and to demonstrate and protest
peacefull y, without requiring prior authorization.

(2) Every person has the right t o present petitions to State Institution s.
Article 21. Freedom of M ov ement and Residence

(1) Every person l awfully residing within the te rrito ry of the Federal Republic of Somalia has the right to
freedom of movement, freedom to choose their residenc e, and freedom to le ave the count ry.

(2) Every citizen has the right to enter and to remain in the count ry, and has the right to a passpo rt.

Article 22. Right of Political Participation

(1) Every citizen has the right to ta ke pa rt in public affair s. This right includes:

(a) The right to fo rm political pa rties and to pa rticipate in the act ivities of political pa rties; and
(b) The right to be elected for any position within a political pa rty.
(2) Every citizen who fulfil ls the criteria stated in the l aw has the right to elect and to be elected.

(3) The rights stated in Para graph (1) and (2) sh all be e xercised in accordance with this Constitution and a
law enacted by the Federal Parliament.
Article 23. Freedom of Trade, Occupation, and P rofession

Every citizen has the right to choose their trad e, occupation or profession freel y.

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PROVISIONAL CONSTITUTION

Article 24. Labour Relations

(1) Every person has the right to fair labour relation s.

(2) Every wor ker has the right to fo rm and join a trade union and to pa rticipate in the act ivities of a
trade union.

(3) Every wor ker has the right to stri ke.

(4) Every trade union or empl oyers’ or ganization or empl oyer has the right to en gage in collect ive
bar gaining re garding labou r-related issue s.

(5) Al l wor kers, pa rticularly women, h ave a special right of protection from sexual abus e, se gregation
and discrimination in the work plac e. E very labour l aw and practice shall comply with gender
equality in the work plac e.
Article 25. Environment

(1) Every person has the right to an e nvironment that is not ha rmful to their health and well -being, and
to be protected from pollution and ha rmful material s.

(2) Every person has the right to h ave a share of the natural resources of the count ry, whilst being
prote cted from e xcess ive and damaging exploitation of these natural resource s.
Article 26. Prope rty

(1) Every person has the right to own, us e, enj oy, sell, and transfer prope rty.

(2) The state m ay compulsorily acquire prope rty only if doing so is in the p ublic interest. Any
person whose prope rty has been acquired in the name of the public interest has the right to just
compensation from the State as a greed by the pa rties or decided by a cou rt.
Article 27. Economic and Social Rights

(1) Every person has the right to clean potable wate r.

(2) Every person has the right to healthcar e, and no one m ay be denied emer gency healthcare for any
reason, including la ck of economic capabilit y.

(3) Every person has the right to full social securit y.

(4) Every perso n has the right to protect, pursu e, and a chie ve the fulfillment of the rights recognised in
this Articl e, in accordance with the l aw, and without interference from the state or any other pa rty.

(5) It shall be ensured that women, the a ged, the disabled an d minorities who h ave long suffered
discrimination get the necessa ry suppo rt to realize their socio -economic right s.
Article 28. Fami ly Ca re

(1) Ma rria ge is the basis of the famil y, whi ch is the foundation of societ y. Its protection is a le gal duty
of the Stat e.

(2) Mother and child care is a le gal duty of the Stat e.

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THE FEDERAL REPUBLIC OF SOMALIA

(3) Every child has the right to care from their parent s, including education and inst ruction. In
instances where this care is not available from the famil y, it must be pr ovided by other s. This right
applies to street children and children of unkn own parent s, the rights of whom the state has a
pa rticular duty to fulfill and protect.

(4) Adults h ave a duty to suppo rt their parents if the parents are un able to care for themsel ves.

(5) A ma rria ge shall not be le gal without the free consent of both the man and the woman, or if
either party has not rea ched the a ge of maturit y.
Article 29. Child ren

(1) Every child has the right to a good and righteous n ame and a nationality from bi rth.

(2) Every child has the right to be protected from mistreatment, neglect, abus e, or de gradation.

(3) No child m ay perfo rm work or pr ovide se rvices that are not suitable for the child ’s a ge or create a
risk to the child ’s health or de velopment in any wa y.

(4) Every child m ay be detained only as a last reso rt, for a limited tim e, in appropriate condition s, and
must be detained s eparately from adults with the e xception of the child ’s immediate famil y. The
child ’s immediate family must be info rmed of the child ’s detention as soon as practicabl e.

(5) Every child shall h ave the right to le gal aid paid for by the State if the child might otherwise suffer
injustic e.

(6) Every child has the right to be protected from a rmed confl ict, and not to be used in a rmed conflict.

(7) In e very matter conce rning a child, the child ’s best interests are of paramount impo rtanc e.
(8) In this A rticle , the word “child” means a person under 18 years of age.

Article 30. Education

(1) Education i s a basic right for all Somali citizen s.

(2) Every citizen shall h ave the right to free education up to seconda ry s chool.

(3) The State shall g ive priority to the de velopment, expansion and extension of public education.

(4) Pr ivate s chool s, institutes and un iversities shall be established according to l aw and in line with the
educational pro gram and academic cu rricula of the count ry.

(5) The State shall encoura ge the promotion of resear ch, creat ivit y, and a rts, and the ad vancement of
cultural and tradi tional dances and spo rts and shall promote the posit ive customs and traditions of
the Somali peopl e.

(6) The State shall adopt a standardized cu rriculum across all s chools of the count ry, and shall ensure
its implementation.

(7) The State shall promote h igher education, te chnical institute s, and te chnolo gy and resear ch
institution s.

(8) The tea ching of Islam shall be compulso ry for pupils in both public and pr ivate s chool s. S chools
owned by non -Muslims shall be e xempted from these measure s.

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PROVISIONAL CONSTITUTION

Article 31. Langu age and Cultu re

(1) The state shall promote the posit ive traditions and cultural practices of the Somali peopl e, whilst
str iving to eliminate from the com munity customs and emerging practices whi ch ne gatively impact
the unit y, c ivilization and wellbeing of societ y.

(2) The state shall collect, protect and prese rve the count ry’s historic objects and site s, whilst
de veloping the kn ow-how and te chnolo gy that shall enable the fulfillment of su ch an obli gation.

(3) The s tate shall promote the cultural practices and local dialects of minoritie s.

(4) The rights mentioned in this A rticle shall be implemented in accordance with the fundamental
rights recognized in this Constitution.
Article 32. Right of Access to In format ion

(1) Every person has the right of access to info rmation held by the stat e.

(2) Every person has the right of access to any info rmation that is held by another person whi ch is
required for the e xercise or protection of any other just right.

(3) Feder al Parliament shall enact a l aw to ensure the right of access to info rmation.
Article 33. Just Administrat ive Decisions

Every person has the right to administrat ive decisions that are l awful, reasonable and conducted in a
procedurally fair manne r.

Article 34. Access to Cou rts and Legal Defence

(1) Every person is entitled to file a le gal case before a competent cou rt.

(2) Every person has the right to a fair public hearing by an ind ependent and impa rtial cou rt or
tribunal, to be held within a reaso nable tim e, and to dete rmine:

(a) Any question of civil rights and obli gations; or

(b) Any criminal char ge.

(3) Every person is entitled to defend him or herself from the case he or she is pa rty t o, whate ver the
level or sta ge of the proceedings m ay b e.

(4) The state shall pr ovide free le gal defence to the people who do not h ave the means of doing so
themsel ves.

(5) The state shall pr ovide free le gal defence to ind ividuals or com munities if they are le gally pursuing
the public interest.
Article 35. The Rights of the Accused

(1) The accused is presumed innocent until pr oven guilty in a final manner by a cou rt of law.

(2) Every person a rrested or detained has the right to be info rmed promptly of the reason for their
arrest or detention in a langua ge that the person understand s.

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THE FEDERAL REPUBLIC OF SOMALIA

(3) Every person a rrested or detained shall h ave the right for his or her family and relat ives to be
info rmed of his or her situation.

(4) A person m ay not be compelled to self -incriminat e, and a verdict m ay not be based on evidence
acquired by means of coercion.

(5) Every person who is a rrested has the right to be brought before a competent cou rt within 48 hours
of the a rrest.

(6) Every person who is a rrested or detained has the right t o choos e, and to consult with, a le gal
practitioner and if he or she cannot afford on e, the State must appoint a le gal practitioner for him
or he r.

(7) Every person brought before a cou rt of law for an alle ged criminal offence is entitled to a fair trial.
(8) The accused has the right to be present at their trial.
(9) The accused has the right to challen ge the evidence presented a gainst him or he r.

(10) The accused has the right to an inte rpreter if the accused person does not understand the langua ge
bein g used in the cou rt.

(11) The accused cannot be kept in an ille gal detention centr e, and must be granted visits by his or her
famil y, doctor or l awye r.

(12) Criminal liability is a personal matter and no person m ay be co nvicted of a criminal offence for an
act committed by another person.

(13) No person m ay be co nvicted of a crime for committing an act that was not an offence at the time it
was committed, unless it is a crime a gainst humanity under inte rnational l aw.
Article 36. Extradition of the Acc used and Criminals

(1) Any person who has been accused or co nvicted m ay be extradited only in a manner prescribed by law
and on the basis of an inte rnational treaty or co nvention whi ch the Federal Republic of Somalia is
pa rty to , and whi ch obli ges the Fed eral State of Somalia to extradite the accused or co nvicted.

(2) Any accused or co nvicted person shall be extradited only in accordance with inte rnational l aw and
practic e, and on the basis of legislation governing extradition, whi ch has been passed by th e Federal
Parliament.
Article 37. Refugees and Asylum

(1) Every person who has sought refu ge in the Federal Republic of Somalia has the right not to be
retu rned or ta ken to any count ry in whi ch that person has a well -founded fear of persecution.

(2) The Federal Parliament shall enact legislation in compliance with inte rnational l aw, regulating
refu gees and asylum see kers.
Article 38. Limitation of Rights

(1) The rights set out in this Chapter m ay be limited by l aw, pr ovided that the l aw is not tar geted at
any pa rticular ind ividuals or group s.

(2) A right m ay be limited by l aw, or by specific exceptions in this Chapte r, only if that limitation is
demonstrably reasonable and justified according to the values underlying this Constitution.

9

PROVISI ONAL CONSTITUTION

(3) In deciding whether a limitation is reasonable and justifiabl e, all rele vant factors must be ta ken into
account.

(4) The rele vant factors in te rms of Clause 3 include the nature and impo rtance of the right limited,
the impo rtance of the pu rpose to be a chie ved by the limitation, whether the limitation is suitable
for a chieving the pu rpos e, and whether the same pu rpose could be a chie ved while being less
restrict ive of the rights limited.

(5) Possible restriction of fundamental rights during a state of emer gency is dealt with in Chapter 14,
Article 131 of this Constitution.
Article 39. Red ress of Violations of Human Rights

(1) The l aw shall pr ovide for adequate procedures for redress of violations of human right s.
(2) Redress of violations of human rights must be available in cou rts that the people can readily acces s.
(3) A person or or ganization m ay go to cou rt to protect the rights of others who are unable to do so
for themsel ves.
Article 40. Inte rpretation of the Fundamental R ights

(1) W hen inte rpreting the rights set out in this Chapte r, a cou rt shall ta ke an approa ch that seeks to
achie ve the pu rposes of the rights and the values that underlie them.

(2) In inte rpreting these right s, the cou rt m ay consider the Shari’ah, inte rnational l aw, and decisions of
cou rts in other countrie s, though it is not bound to foll ow these decision s.

(3) W hen inte rpreting and applying the l aw generall y, a cou rt or any tribunal shall consider the
rele vance of the pr ovisions of this Chapte r, and ma ke its decisions compatible with these
pr ovision s, as far as is possibl e.

(4) The recognition of the fundamental rights set out in this Chapter does not deny the existence of
any other rights that are recognized or confe rred by Shari’ah, or by customa ry law or legislation to
the extent that they are consistent with the Shari’ah and the Constitution.
Article 41. Human Rights Commission

(1) The Federal Parliament shall establish a Human Rights Commission that is ind ependent of State
control, and has ad equate resources to ca rry out its functions effect ively.

(2) The functions of the Human Rights Commission shall include the promotion of kn owled ge
of human right s, and specifically Shari’ah, setting implementation standards and parameters for
the fulfillm ent of human rights obli gation s, monitoring human rights within the count ry, and
investi gating alle gations of human rights violation s.

Title 3: Duties of Citi zens

Article 42. Duties of the Citi zens

(1) In Islam, justice requires a balance of rights an d dutie s.

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THE FEDERAL REPUBLIC OF SOMALIA

(2) The e xercise of equalit y, freedom s, and other rights is ins eparable from dutie s. Accordingl y, it is the
duty of each citizen:

(a) To be patriotic and l oyal to the count ry and to promote its de velopme nt and well -being;

(b) To en gage in useful work for the good of the citizen, the famil y, and the common good, and
to contribute to national de velopment and to the well -being of the com munity where the
citizen l ives;

(c) To promote responsible parenthood;

(d) To foster national unity in ha rmony with others;
(e) To promote accountability and the rule of law;
(f) To become acquainted with the pr ovisions of the Constitution and to uphold and defend the
Constitution and the l aw of the count ry;

(g) To str ive to vote in elections;

(h) To become a good tax -payer in order to contribute to the public expenditure according to the
law and the citize n’s capacity to p ay; and

(i) To defend the te rrito ry of the Federal Republic of Somalia.

CHAPTER 3: LAN D , P R OPE R TY AND ENVI R ONMENT

Article 43. Land

(1) Land is Somalia ’s prima ry resource and the basis of the people ’s l ivelihood.

(2) Land shall be held, used and mana ged in an equitabl e, efficient, product ive and sustainable manne r.

(3) The Federal G overnment s hall de velop a national land policy , which shall be subject to
constant revie w. That policy shall ensure:

(a) Equity in land allocation and the use of its resources;
(b) The guarantee of land ownership and registration;
(c) That land is utilised without c ausing ha rm to the land;

(d) That any land and prope rty dispute is resol ved promptly and satisfactorily for all;
(e) That the amount of land that a person or a company can own is specified;
(f) That the land and prope rty mar ket is regulated in a manner th at pre vents violations of the
rights of small land owners; and

(g) That the Federal Member States m ay fo rmulate land policies at their le vel.

(4) No pe rmit m ay be granted re garding the pe rmanent use of any po rtion of the land, sea or air of
the territo ry of the Federal Republic of Somalia. The Federal Parliament shall enact a l aw regulating
the siz e, timeline and conditions of pe rmits of land us e.

11

PROVISIONAL CONSTITUTION

(5) The Federal G overnment, in consultation with the Federal Member States and other sta keholder s,
shall regulate land polic y, and land control and use measure s.
Article 44. Natural Resources

The allocation of the natural resources of the Federal Republic of Somalia shall be ne gotiated by,
and agreed upon, by the Federal G overnment and the Federal Member States in accordance with this
Constitution.

Article 45. Environment

(1) The Federal G overnment shall g ive priority to the protection, conse rvation, and prese rvation of the
environment a gainst anything that m ay cause ha rm to natural biod iversity and the ecosystem.

(2) All people in the Federal Republic of Somalia h ave a duty to safeguard and enhance the
environment and pa rticipate in the de velopment, e xecution, mana gement, conse rvation and
protection of the natural resour ces and e nvironment.

(3) The Federal G overnment and the governments of the Federal Member States affected by
environmental dama ge shall:

(a) Take ur gent measures to clean up hazardous waste dumped on the land or in the waters of
the Federal Republic of Somalia;

(b) Enact legislation and adopt ur gent necessa ry measures to pre vent the future dumping of
waste in brea ch of inte rnational l aw and the s overeignty of the Federal Republic of Somalia;

(c) Take necessa ry measures to obtain compensation from those responsible for any dumping of
wast e, whether they are in the Federal Republic of Somalia or elsewhere;

(d) Take necessa ry measures to re verse dese rtification, deforestation and e nvironmental
de gradation, and to conse rve the e nvironment and pre vent act ivities that dama ge the natural
resources and the e nvironment of the nation.

(4) In consultation with the Federal Member State s, the Federal G overnment shall adopt general
environmental policies for the Federal Republic of Somalia.
CHAPTER 4: REPRESEN TATION OF THE PEOPLE
Title One: General Principles of R ep resentation of the People

Article 46. The Power of the People

(1) The p ow er of self -governance begins and ends with the peopl e, who have the p ow er, where
necessary, to hold public institutions and pu blic servants accountable .

(2) The public r epresentation system shall be open and shall g ive e veryone the oppo rtunity to
pa rticipat e. Its procedures and rules shall be simple and understandabl e.

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THE FEDERAL REPUBLIC OF SOMALIA

(3) The people ’s r epresentation system shall be able to satisfactorily and reasonably pre vent any crises
that m ay arise as a result of political contests and election result s.

Title T w o: Elections

Article 47. Electoral System and Political Parties

The regulations conce rning political pa rtie s, their registration, elections at the Federal G overnment le vel
and the National Ind ependent Electoral Commission shall be defined in special l aws enacted by the
House of the People of the Federal Parliament of Somalia

CHAPTER 5: DE V OLUTION OF THE P O WERS OF S TATE IN THE
FEDERAL REPUBLIC OF SOMALIA

Title One: St ructu re and Principles of Coll aboration of the Le vels of
G overnment

Article 48. The St ructu re of the State

(1) In the Federal Republic of Somalia , the state is compos ed of two le vels of government:

(a) The Federal G overnment Le vel;

(b) The Federal Member States Le vel, whi ch is comprised of the Federal Member State
government, and the local government s.

(2) No single region can stand alon e. Until su ch time as a regio n mer ges with another region(s) to fo rm
a new Federal Member Stat e, a region shall be directly administered by the Federal G overnment for
a maxi mum period of two year s.

Article 49. The Number and Boundaries of the Federal Member States and Districts

(1) The number and boundaries of the Federal Member States shall be dete rmined by the House of the
People of the Federal Parliament.

(2) The House of the People of the Federal Parliament, before dete rmining the number and
boundaries of the Federal Member S tate s, shall nominate a national commission whi ch shall study
the issu e, and submit a r epo rt of its findings with recommendations to the House of the People of
the Federal Parliament.

(3) The nomination of the commission refe rred to in Clause 2 shall be p receded by the enactment of a
law by the House of the People of the Federal Parliament, whi ch shall define:

(a) The responsibilities and p ow ers of the commission;

13

PROVISIONAL CONSTITUTION

(b) The parameters and conditions it shall use for the e stablishment of the Federal Member
States;

(c) The number of the commissioner s, requirements of membershi p, nomination method s,
office tenure, and their re muneration.

(4) The number and the boundaries of the districts in a Federal Member State shall be d ete rmined by a
law enacted by the parliament of the Federal Member Stat e, whi ch must be appr oved by the House
of the People of the Federal Parliament.

(5) Federal Member State boundaries shall be based on the boundaries of the administrat ive regions as
they existed before 1991.

(6) Based on a volunta ry decision, t wo or more regions m ay mer ge to fo rm a Federal Member Stat e.
Article 50. Principles of Federalism in the Federal Republic of Somalia

The various le vels of government, in all interactions bet ween themsel ves and in the e xercise of their
legislat ive functions and other p ow ers, shall obse rve the principles of federalism, whi ch are:

(a) Every le vel of government shall enj oy the confidence and suppo rt of the people;

(b) Pow er is g iven to the le vel of government where it is li kely to be most effect ively e xercised;

(c) The existence and sustainability of a relationship of mutual cooperation and suppo rt bet ween
the governments of the Federal Member State s, and bet ween the governments of the Federal
Member States and the Federal G overnment, in the spirit of national unity;

(d) Every pa rt of the Federal Republic of Somalia shall enj oy similar le vels of services and a
similar le vel of suppo rt from the Federal G overnment;

(e) Fair distribution of resour ces;

(f) The responsibility for the raising of revenue shall be g iven to the le vel of government where
it is li kely to be most effect ively e xercised; and

(g) The resolution of disputes through dialogue and reconciliation.

Article 51. Coll aborat ive Relationships Bet ween the Various Le vels of Government in the
Federal Republic of Somalia

(1) Every government shall str ive for a cooperat ive relationship with other government s, whether at the
same le vel or at another le vel of government.

(2) Every government shall respect and protect the limits of its p ow ers and the p ow ers of other
government s, and shall:

(a) Have effect ive brotherly relationships with other le vels of government in order to promote
the unity of the citizen ry;

(b) Info rm governments of other le vels of policies and act ivities it implements within its
boundaries whi ch m ay h ave an impact on the areas of other le vels; and

(c) Have policies that facilitate the planning and implementation of joint de velopment project s.

14

THE FEDERAL RE PUBLIC OF SOMALIA

(3) In order to ensure the existence and de velopment of cooperat ive federal relation s, an an nual
conference of E xecut ive heads of the Federal G overnment and the Federal Member State
governments shall regularly be co nvened, so as to discu ss and a gree on:

(a) Strengthening national unity;

(b) Security and peace of the count ry;

(c) National socio -economic de velopment, and common mar ket policies of the count ry;
(d) Promotion of the wealth of the people; and
(e) Info rmation sharin g.

(4) All le vels of government must comply with the national Constitution, without any government
assuming more p ow ers than the Constitution allocate s.

(5) A l aw passed by the Federal Parliament shall regulate:

(a) The establishment of institutions and guidelin es that shall facilitate interaction bet ween the
various le vels of government; and

(b) The establishment of guidelines that will facilitate the resolution of disputes bet ween the
various le vels of government without reso rting to cou rt.
Article 52. Coop erat ive Relationships Bet ween the Various Federal Member State
Governments

(1) The Federal G overnment and Federal Member State governments shall ensure that meetings
bet ween the Presidents of the Federal Member States and high ranking officials be held re gularly to
discuss issues that affect their te rritorie s, including:

(a) Water sources;
(b) Agriculture;
(c) Animal husband ry;
(d) Pasture and forest ry;
(e) The pre vention of erosion and the protection of the e nvironment;
(f) Health;
(g) Education;

(h) Relations and dialogue amongst traditional leader s, and the protection and de velopment of
traditional l aw;

(i) Relations amongst religious s cholars; and

(j) Youth.

(2) Federal Member States m ay enter cooperat ive a greements amongst themsel ves or with the Federal
Government, whi ch shall not contradict the national Constitution and the constitutions of the
Federal Member State s concerned, and may not be le gally binding.

15

PROVISIONAL CONSTITUTION

Article 53. Inte rnational Negotiations

(1) In the s pirit of inte r-governmental cooperation the Federal G overnment shall consult the Federal
Member States on ne gotiations relating to foreign aid, trad e, treatie s, or other major issues related to
inte rnational a greement s.

(2) W here ne gotiations pa rticularly affect Federal Member State interest s, the ne gotiating dele gation of
the Federal G overnment shall be supplemented by r epresentat ives of the Federal Member States
government s.

(3) In conducting ne gotiation s, the Federal G overnment shall re gard itself as t he guardian of the
interests of the Federal Member State s, and must act accordingl y.

Article 54. Allocation of powers

The allocation of pow ers and resources shall be ne gotiated and a greed upon by the Federal
Government and the Federal Member States (pe nding the fo rmation of Federal Member States), e xcept
in matters conce rning: (A) Foreign Affairs; (B) National Defense; (C) Citizenship and Immi gration; (D)
Moneta ry Polic y, whi ch shall be within the p ow ers and responsibilities of the federal government.
CHAPTER 6: THE FEDERAL PARLIAMENT
Title One: General P rovisions

Article 55. The Houses of the Federal Parliament

(1) The Federal Parliament of the Federal Republic of Somalia consists of:
(a) The House of the People; and
(b) The Upper Hous e.

(2) The H ouse of the People of the Federal Parliament and the Upper House of the Federal
Parliament shall ca rry out their legislat ive duties in accordance with Title Four of this Chapter of
the Constitution on the National Legislat ive Procedure s.
Article 56. Per formance of the Federal Parliament

The Houses of the Federal Parliament:

(a) Shall jointly perfo rm their shared duties; and

(b) Shall ea ch ind ividually perfo rm the duties specific to them.

Article 57. Joint Sittings

Responsibilit ies of the joint sit tings of the t wo Houses of the Federal Parliament include:

(a) W hen the need arise s, the House of the People of the Federal Parliament and the Upper
16

THE FEDERAL REPUBLIC OF SOMALIA

House of the Federal Parliament shall hold joint session s, whi ch s hall be chaired by the
Spea ker of the Upper House of the Federal Parliament, or any member of the Federal
Parliament, in accordance with the rules and regulations of the Houses of the Federal
Parliament.

(b) The Spea ker of the Upper House will chair the j oint session, or the Spea ker of the House
of the Peopl e, or an a greed membe r. W hile chairing the joint session s, the Chair of the Joint
Session shall not h ave a vote, unless there is a tie in the vote s.

(c) Without interfering with the p owers of the Feder al Parliament to or ganise its act ivitie s, the
President of the Federal Republic m ay, if deemed necessa ry, request the Spea ker of the
House of the People of the Federal Parliament and the Spea ker of the Upper House of the
Federal Parliament to hold a joint session of the Federal Parliament:

(i) To fo rmulate procedures that guide the act ivities of the joint committees of the
two Houses of the Federal Parliament;
(ii) To e xecute procedures for implementing decisions rea ched by the joint
committees of the Fed eral Parliament;
(iii) To amend and review the Constitution in accordance with Chapter 15.

Article 58. Membe rship Criteria for the Federal Parliament

(1) In order to be eligible for membership of the Federal Parliament of the Federal Republic of
Somali a, a person must:

(a) Be a citizen of the Federal Republic of Somalia, of sound mind, not youn ger than 25, and a
registered voter;

(b) Not h ave had their citizenship suspended by a cou rt order in the last fi ve (5) years;

(c) Have a mini mum of seconda ry education or equ ivalent experienc e.

(2) Before the candidature of a person is acc epted, the National Ind ependent Electoral Commission
shall verify whether the candidate meets the criteria set out in this a rticl e.
Article 59. Disqualification of Membe rship of the Federal Parliament

(1) Membership of the Federal Parliament can be lost as a result of:
(a) Death of the member;
(b) The member consistently failing to perfo rm his or her duties;

(c) The acc eptance of a resignation submitted by the member to the House he or she is a
member of;

(d) The member failing to attend t wo consecut ive ordina ry sessions of his or her House without
a reasonable e xcuse;

(e) The member acc epting to hold a government position other than a ministerial post;
(f) The member ’s citizenship rights h aving been suspended in accordance with the l aw.
(2) If a member of the Federal Parliament loses their membershi p, the runne r-up in the last election
shall ta ke up the position.
17

PROVISIONAL CONSTITUTION

(3) The electoral l aw shall regulate the procedure for dete rmining the runne r-up, who should be s worn
in within 30 d ays of the d ay of the loss of membership of the Federal Parliament of the member he
or she is r eplacin g.
Article 60. Term of Office

(1) The te rm of office of the Federal Parliament is 4 years from the d ay of the announcement of the
election result s.

(2) A member of t h e Federal Parliament m ay be re -elected.
Article 61. Responsibilities of Membe rs of the Federal Parliament

(1) W hen fulfilling his or her duti es, e very member of the Federal Parliament shall be guided by the
best interests of the nation as a whol e.

(2) W hile fulfilling his or her duties in accordance with Clause 1 of this A rticl e, e very member of
the House of the People of the Federal Parliamen t has a special responsibility to r epresent the
constituency he or she has been elected from, re gardless of their political or pa rty affiliation s.

(3) Every member of the Upper House of the Federal Parliament has a special responsibility to
represent the interests of the Federal Member State that the member r epresent s, and to safeguard
the federal system, whilst acting in the spirit of inte r-governmental cooperation.

Article 62. Joint Committees of the Federal Parliament

(1) The t wo Houses of the Feder al Parliament m ay fo rm joint committees to facilitate their work.

(2) Joint rules of procedure passed by the t wo Houses shall dete rmine the number of joint committees
to be fo rmed, and the procedure of their work.

Title T w o: T he House Of T he People O f T he Federal Parliament

Article 63. The Legislat ive Powers of the House of the People

The House of the People of the Federal Parliament r epresents all the people of Somalia, and the
legislat ive duties tas ked solely to the House of the People of the Federal Parliament are as foll ows:

(a) To pa rticipate in amending the Constitution in accordance with Chapter 15;

(b) To pas s, amend or reject legislation tabled before it in accordance with this Chapter and
Chapter 15 of the Constitution;

(c) To study l aws passed by the Upper House of the Federal Parliament;

(d) To dele gate to the Upper House of the Federal Parliament legislat ive dutie s, with the
exception of its duty to pa rticipate in the procedures for amending the Constitution.

18

THE FEDERAL REPUBLIC OF SOMALIA

Article 64. The Number of the Membe rs of the House of the People

(1) The citizens of the Federal Republic of Somalia shall elect members of the House of the People of
the Federal Parliament in a direct, secret and free ballot.

(2) The House of the People of the Federal Parliament shall have two hundred and se venty -five (275)
ordinary member s.

(3) The members of the House of the People of the Federal Parliament must r epresent all
com munities of the Federal Republic of Somalia in a ba lanced manne r.

(4) Any person who becomes the President of the Federal Republic of Somalia shall become a life
member of the House of the People after le aving the office of President of the Federal Republic
of Somalia, unless he or she has been rem oved fr om this office before the end of the presidential
term in accordance with A rticle 92 of the Constitution, and he or she shall be an additional member
of the House of the People of the Federal Parliament.

Article 65. The Spea ker and Deputy Spea kers of the House of the People of the Federal
Parliament

(1) At its first session, presided over by the eldest membe r, the House of the People of the Federal
Parliament shall elect a Spea ker and t wo (2) D eputy Spea kers from amongst its member s.

(2) If on any occ asion neither the Spea ker nor the D eputy Spea kers are present, the House shall elect
one of its members to preside temporaril y.

(3) Before assuming offic e, the Spea ker shall relinquish any official position in a political pa rty, and shall
be strictly neut ral in the perfo rmance of his or her function s.

(4) The Spea ker and his or her d eputies shall be elected through a secret ballot by a majority vote of
the members of the House of the People of the Federal Parliament, and m ay be rem oved by a t wo-
thirds ma jority vote of the members of the House of the People of the Federal Parliament.

Article 66. Sessions of the House of the People of the Federal Parliament

(1) A newly elected House of the People of the Federal Parliament must hold its first sitting wit hin
thi rty (30) d ays after the declaration of the result of the general election, on a date fi xed by the
National Ind ependent Electoral Commission.

(2) The House of the People of the Federal Parliament must hold t wo regular sessions ea ch yea r, and
each s ession sh all last for a mini mum of four (4) month s.

(3) The rules of procedure of the House of the People of the Federal Parliament shall dete rmine the
timing s, dates and the resting period of the regular sessions of the House of the People of the
Federal Parliament.

(4) The House of the People of the Federal Parliament shall be co nvened for a special session
whene ver:

(a) Called by the President of the Federal Republic acting on the request of the Council of
Ministers;

(b) Called by its Spea ker; or

(c) Requested in writing by at least 20% of the members of the House of the People of the
Federal Parliament.
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PROVISIONAL CONSTITUTION

Article 67. Dissolution of the House of the People of the Federal Parliament

The House of the People of the Feder al Parliament cannot be dissol ved before the end of its fou r-year
term unless the House has been unable to appr ove the Council of Ministers and the pro gram of the
government under A rticle 100, Para graph (c).
Article 68. Rules of Procedu re of the House o f the People of the Federal Parliament

(1) The House of the People of the Federal Parliament shall adopt its own rules of procedur e, whi ch
shall pr ovide for full pa rticipation of its member s.

(2) The House of the People of the Federal Parliament shall d ivide itself into committees that will
carry out the duties of the House of the People of the Federal Parliament.

(3) W hen draft legislation is brought before the House of the People of the Federal Parliament, it shall
task it to the rele vant House committ ee so that it m ay be studied, and a r epo rt of its findings and
recommendations presented to the plena ry of the Hous e.

(4) Draft legislation rejected by the House of the People of the Federal Parliament cannot be retu rned
before the House of the People of the Federal Parliament for thi rty (30) d ays from the d ay of the
rejection of the legislation.

(5) The House of the People of the Federal Parliament and its committees shall sit in publi c, in
accordance with the general principle of transparency in governm ent. The rules of procedure shall
define when it is necessa ry for the House of the People to h ave a closed door session.

Article 69. The Powers of the House of the People of the Federal Parliament

(1) The House of the People of the Federal Parliament has legislat ive dutie s, including the duty:
(a) To pas s, amend or reject any l aw tabled before it;
(b) To pr epare l aws, e xcept l aws related to the an nual bud get, whi ch shall be fo rmulated by the
Council of Minister s.

(2) The House of the People of the Federal Parliament has the foll owing additional p ow ers:
(a) To appr ove the Ind ependent Commissions brought before it by the Prime Minister;
(b) To hold accountable and monitor the national institution s, and to ensure the implementation
of national l aws;

(c) To summon the Prime Ministe r, members of the Council of Ministers and the Chai rmen of
the Ind ependent Commissions and Office s. The House of the People of the Federal
Parliament has the authority to review the duties of any official who does not respond wh en
summoned by the House of the People of the Federal Parliament;

(d) To g ive a vote of confidence in the Prime Minister and the Council of Minister s, and in
government project s, to be conducted by a simple majority vote of the total members
(50%+1) by me ans of a sh ow of hands to the Prime Minister and members of the Council
of Ministers;

(e) To ca rry out a vote of no confidence in the Prime Minister and his d eputy or d eputies by a
simple majority vote of the total members (50% +1) to be conducted by mean s of a sh ow of
hands;

20

THE FEDERAL REPUBLIC OF SOMALIA

(f) To elect and dismiss the President of the Federal Republic as pr ovided for by the
Constitution;

(g) To ca rry out other duties as pr ovided for by the Constitution to ensure the proper
impl ementation and review of the Constitution.
Article 70. The Immunity of the Membe rs of the House of the People of the Federal
Parliament

(1) No member of the House of the People shall be penalised for g iving their views to the House of
the People of the Federal Parliament and its committee s.

(2) Without the appr oval of the House of the People of the Federal Parliament, no member of the
House of the People of the Federal Parliament m ay be prosecuted for a criminal offens e, be
detained, or be p hysically s ear ched, and nor m ay the member ’s house or other d wellings be sear ched
unless the member has been caught in the act of committing a crime that calls for compulso ry
detention order s. Fu rthe rmor e, without the appr oval of the House of the People of the Federa l
Parliament, no member m ay be detained or imprisoned, e ven in the fulfillment of a final cou rt
orde r.

(3) A member can be held liable for non -criminal offenses without the appr oval of the House of the
People of the Federal Parliament.

(4) A special l aw shall define the im munity of the members of the House of the People of the Federal
Parliament.

(5) The all ow ances and other benefits of the members of the House of the People of the Federal
Parliament shall be paid from the central treasu ry of the Federal Government.

Title T hree: T he Legislat iv e Pow ers Of T he Upper House Of T he Federal
Parliament

Article 71. The Upper House of the Federal Parliament

The Upper House of the Federal Parliament r epresents the Federal Member State s, and its legislat ive
duties include:
(a) Participation in the process of the amending the Constitution, in accordance with Chapter 15;
(b) Passing, amending, or rejecting the l aws that are tabled before it in accordance with A rticles
80 -83;

(c) Study of laws dele gated to i t in accordance with A rticle 80 -83;

(d) Participation in the election of the President of the Federal Republic in accordance with
Article 89;

(e) Dismissal of the President in accordance with A rticle 92;

(f) Participation in the process of declaring war in accordance with the Constitution;

21

PROVISIONAL CONSTITUTION
(g) Ca rrying out other duties required by the Constitution to ensure proper implementation and
review of the Constitution;

(h) Participation in the process of declaring a state of em ergency in accordance with the
Constitution; and

(i) Participation in the process of appointing the foll owing members of government institution s,
as pr ovided for by the Constitution:

(i) Members of the Judicial Se rvice Commission;
(ii) Chai rman and Jud ges of the Constitutional Cou rt;
(iii) Members of the National Ind ependent Electoral Commission;
(iv) Members of the Boundaries and Federation Commission;
(v) Members of t h e Arbitration Committe e.

Article 72. The Number of Membe rs of the Upper House of the Federal Parliament

The members of the Upper House of the Federal Parliament shall be elected through a direct, secret
and free ballot by the people of the Federal Member State s, and their number shall be no more than
fifty -four (54) members based on th e eighteen (18) regions that existed in Somalia before 1991, and on
the foll owing:

(a) The number of Federal Member States of the Federal Republic of Somalia;

(b) That all Federal Member States shall have an equal number of representat ives in the
Upper Ho use of the Federal Parliament; and

(c) That the members of the Upper House of the Federal Parliament shall be r epresentat ive of
all com munities of the Federal Republic of Somalia.

Article 73. The Spea ker and Deputy Spea ker of the Upper House of the Fed eral Parliament

The Spea ker and the D eputy Spea ker of the Upper House of the Federal Parliament shall be elected
and dismissed through the same procedures that apply to those of the elections for the Spea ker and
Deputy Spea kers of the House of the People of the Federal Parliament.
Article 74. Sessions of the Upper House of the Federal Parliament

(1) A newly elected Upper House of the Federal Parliament must hold its first sitting within 30 d ays
after the declaration of the result of the general electio n. The National Ind ependent Electoral
Commission shall determine the date of the first session.

(2) The Upper House of the Federal Parliament must hold t wo regular sessions ea ch yea r, and ea ch
session shall last for a mini mum of four (4) month s.

(3) The Rules of Procedure of the Upper House of the Federal Parliament shall dete rmine the
timing s, the dates and the resting period of the regular sessions of the Upper House of the Federal
Parliament.

(4) The Upper House of the Federal Parliament shall be co nvened for a special session whene ver:
(a) Called by the Prime Minister;
(b) Called by its Spea ker; or

22

THE FEDERAL REPUBLIC OF SOMALIA
(c) Requested in writing by at least t wo (2) Federal Member State s.

Article 75. Rules of Procedu re of the Upper House of the Federal Parliament

(1) The Upper House of the Federal Parliament shall adopt its own rules of procedur e, whi ch shall
pr ovide for full pa rticipation of its member s.

(2) The Upper House of the Federal Parliament shall d ivide itself into commit tees that shall facilitate
the fulfillment of duties allocated to them by the Upper House of the Federal Parliament.

(3) W hen draft legislation is tabled before the Upper House of the Federal Parliament, it shall task the
rele vant House committee to study it, and present a r epo rt of its findings and recommendations to
the plena ry of the Hous e.

(4) Draft legislation rejected by the Upper House of the Federal Parliament cannot be retu rned before
the Upper House of the Federal Parliament for thi rty (30) d ays from the d ay of the rejection of the
legislation.

(5) The Upper House of the Federal Parliament and its committees shall sit in publi c, in accordance
with the general principle of transparency in government.
Article 76. Decision -making in the Upper Ho use of the Federal Parliament

(1) Unless stated otherwise by the Constitution, ea ch member of the Upper House of the Federal
Parliament shall h ave one vote.

(2) Decisions of the Upper House of the Federal Parliament can pass only with a majority vote of the
total membership of the Upper House of the Federal Parliament.
Article 77. Presence of Ministe rs in the Sessions of the Upper House of the Federal
Parliament

(1) Ministers m ay attend the sessions of the Upper House of the Federal Parliament, and m ay speak,
but shall not h ave the right to vote. The rules of procedures of the Upper House of the Federal
Parliament m ay pr ovide for regular sessions in whi ch ministers respond to written or oral questions
from members of the Hous e.

(2) The Upper House of the Federal Parliament or its committees m ay summon the Prime Minister
and members of the Council of Ministers to ask them questions related to their dutie s.

(3) The Upper House of the Federal Parliament or its Spea ker, shall info rm the ab ove officials in
writing of the subject matter of the meeting at least one week before the a greed date of the
meetin g.
Article 78. The Immunity of the Membe rs of the Upper House of the Federal Parliament

(1) The members of the Upper House of the Federal Parliament sha ll h ave the same im munity as that
of members of the House of the People of the Federal Parliament stated in this Constitution.

(2) The Upper House of the Federal Parliament cannot be dissol ved.

23

PROVISIONAL CONSTITUTION

Title Fou r: Legislat iv e Procedu res In Parliament

Article 79. Draft Legislation

(1) In accordance with this Constitution, draft legislation consists of the proposal of a draft l aw,
including:

(a) Reviewing, r eplacing, and proposing amendments to the Constitution;

(b) W rit ing and pr eparing a new draft l aw that is not related to the an nual bud get;

(c) Proposing a new draft l aw that is not related to the an nual bud get;

(d) Reviewing an existing l aw.

(2) The debate on draft legislation for reviewing this Constitution shall be initiated at the House of the
People of the Federal Parliament.

(3) The debate on any draft l aw m ay be initiated at either House of the Federal Parliament.

Article 80. Initiating New L aws

(1) Draft legislation at the National Le vel m ay be initiate d by;
(a) The Council of Ministers; or
(b) At least ten (10) members of the House of the People of the Federal Parliament, e xcept draft
legislation that conce rns the an nual bud get whi ch shall be initiated only by the Council of
Minister s.

(2) Draft legis lation m ay be proposed to the Upper House of the Federal Parliament by;
(a) At least one r epresentat ive of a Federal Member State; or
(b) Any committee of the Upper House of the Federal Parliament.
Article 81. Political Resolutions

(1) Both Houses of the Federal Parliament can initiate draft legislation.

(2) Only the House of the People of the Federal Parliament has the authori ty to reject draft legislation.

(3) If there are differences with re gard to draft legislation bet ween the t wo Houses of the Fed eral
Parliament, either House m ay call for a joint committee of both Houses to attempt to resol ve the
differences and to su ggest a ha rmonised draft legislation to both Houses in the spirit of
inter governmental cooperation as stipulated in A rticle 51 and 52 of this Constitution.

(4) Only the House of the People of the Federal Parliament m ay send draft legislation to the President
of the Federal Republic for his signature and its publication in the Official Gazett e.
Article 82. Draft L aws Initiated in the House of the People of the Federal Parliament

(1) W hen the House of the People of the Federal Parliament rece ives a draft l aw, it m ay ta ke any of the
foll owing courses of action:

(a) To pass it in un chan ged fo rm, or pass it with amendment(s) and then refer it to the Upper
House of the Federal Parliament for appr oval; or

24

THE FEDERAL REPUBLIC OF SOMALIA

(b) To reject it and info rm the Upper House of the Federal Parliament of the reasons for the
rejection.

(2) W hen the Upper House of the Federal Parliamen t rece ives a draft l aw passed by the House of the
People of the Federal Parliament, it m ay ta ke any of the foll owing courses of action:

(a) To pass it the wa y it has been received , and send it ba ck to the House of the People of the
Federal Parliament;

(b) To amend the draft l aw, and refer it ba ck to the House of the People of the Federal
Parliament, with reasons for the amendment(s); or

(c) To reject the draft l aw, and refer it ba ck to the House of the People of the Federal Parliament,
with reasons for i ts rejection.

(3) W hen the House of the People of the Federal Parliament rece ives a draft l aw passed by the Upper
House of the Federal Parliament, it shall send it to the President of the Federal Republic of
Somalia, for his signatur e, and its publication in the Official Gazett e.

(4) W hen the House of the People of the Federal Parliament rece ives a draft l aw that has been
amended by the Upper House of the Federal Parliament it can do either of the foll owing:

(a) To acc ept the amendment on the draft l aw, and then submit it to the President of the Federal
Republic of Somalia for his signatur e, and its publication in the Official Gazette; or

(b) To reject the amendment and over-rule the decision of Upper House of the Federal
Parliament through a t wo-thirds (2/3) majority vote of the total membership of the House
of the People of the Federal Parliament, and then submit it to the President of the Federal
Republic of Somalia, for his signatur e, and its publication in the Official Gazett e.

(5) W hen the House of the People of the Federal Parliament rece ives a draft l aw that has been rejected
by the Upper House of the Federal Parliament, it can do either of the foll owing:

(a) To acc ept the rejection and abandon the draft l aw; or

(b) To over-rule the rejection of the Upper House of the Federal Parliament with a t wo-thirds
(2/3) majority vote of the total membership of the House of the People of the Federal
Parliament and then submit it to the President of the Republic for his signature and its
publication in the O fficial Gazett e.
Article 83. Draft L aws Initiated in the Upper House of the Federal Parliament

(1) W hen the Upper House of the Federal Parliament rece ives a draft l aw, it can do either of the
foll owing:

(a) To pass it in unchanged form , or pass it wit h amendment(s), and then refer it to the House of
the People of the Federal Parliament for appr oval; or

(b) To reject it, and info rm the House of the People of the Federal Parliament of the reasons for
the rejection.

(2) W hen the House of the People of the Federal Parliament rece ives a draft l aw that has been passed
by the Upper House of the Federal Parliament, it m ay act in any of the foll owing wa ys:

(a) To acc ept it the wa y it was submitted by the Upper House of the Federal Parliament and
then submit i t to the President of the Federal Republic of Somalia, for his signatur e, and its
publication in the Official Gazette;

25

PROVISIONAL CONSTITUTION

(b) To amend it and refer it ba ck to the Upper House of the Federal Parliament, with reasons for
the a mendment(s); or

(c) To reject it and refer it ba ck to the Upper House of the Federal Parliament, with reasons for
the rejection.

(3) W hen the Upper House of the Federal Parliament rece ives a draft l aw that has been amended by
the House of the People of the Federal Parliament, it m ay act in any of the foll owing wa ys:

(a) To acc ept the amendment to the draft l aw without voting and then refer it ba ck to the House
of the People to submit it to the President of the Republic so as to sign it and then publish i t
in the Official Gazette; or

(b) To reject the amendment and over-rule the decision of the House of the People of the
Federal Parliament by a t wo-thirds (2/3) majority vote of the total membership of the Hous e,
and then refer it ba ck to the House of the People of the Federal Parliament.

(4) W hen the Upper House of the Federal Parliament rece ives a draft l aw that has been rejected by the
House of the People of the Federal Parliament, it m ay do either of the foll owing:

(a) To acc ept the rejection, and aba ndon the draft l aw; or

(b) To over-rule the rejection of the House of the People through by a t wo-thirds (2/3) majority
vote of the total membershi p of the Upper House , and then refer it ba ck to the House of the
People of the Federal Parliament.

(5) W hen the House of the People of the Federal Parliament rece ives a draft l aw that it has amended,
and the amendment has been acc epted by the Upper House of the Federal Parliament, it shall
submit the draft l aw to the President of the Federal Republic of Somalia for his signatur e, and its
subsequent publication in the Official Gazette

(6) W hen the House of the People of the Federal Parliament rece ives a draft l aw that it has amended or
rejected, and its decision has been over-ruled by the Upper House of the Fede ral Parliament, it m ay
do either of the foll owing:

(a) To over-rule the decision of the Upper House of the Federal Parliament by a t wo- third (2/3)
majority vote of the total membership of the House of the People of the Federal Parliament,
and drop the dr aft l aw; or

(b) To acc ept the decision of the Upper House of the Federal Parliament, and submit the draft
law to the President of the Federal Republic for his signature and its publication in the
Official Gazett e.

(7) If the t wo Houses of the Federal Parliament differ on a draft law, when the draft law rea ches the
level mentioned in section 4 or 6, either of the Houses can request for the fo rmation of a joint
committee of the t wo Houses in order to settle the difference and come up with a draft law that
both Houses a gree on based on the general principles of inter governmental cooperation as
stipulated in A rticle 51 and 52 of this Constitution.

Article 84. Publishing and Keeping Records of Laws

The secretaries of the Houses of the Federal Parliament and the Atto rney General of the Federal
Republic of Somalia shall be responsible for keeping records of laws passed by the Federal Parliament,
and for their publication in the Official Gazett e.

26

THE FEDERAL REPUBLIC OF SOMALIA

Article 85. Assent t o Legislation

Draft legislation becomes l aw once it has been passed in accordance with the legislat ive procedure as
stipulated in this Chapte r, signed by the President of the Federal Republi c, and published in the Official
Gazett e.
Article 86. Challeng ing Legislation

(1) Legislation that has been passed in accordance with the legislat ive procedur e, as stipulated in this
Chapte r, m ay be challen ged only if it is alleged to contradict the Constitution.

(2) Legislation that has been passed in accordance w ith the legislat ive procedur e, as stipulated in this
Chapte r, m ay be challen ged by:

(a) All members of the Upper House of the Federal Parliament or one r epresentat ive of a
Federal Member State;

(b) A third of the members of the House of the People of the Federal Parliament;
(c) The Council of Ministers of the Federal Republic of Somalia; or
(d) Ten thousand (10,000) or more registered voter s.

(3) Legislation that has been challen ged, in accordance with Clause 1 and 2 of this A rticl e, must be
presented t o, and decided upon, only by the Constitutional Cou rt.

(4) If the Constitutional Cou rt dismisses a challen ge to the legislation, the expenses shall be met by the
pa rty that has brought the matter to the Constitutional Cou rt.

(5) The procedure for challeng ing legislation, and deciding upon it, shall be stated in the l aws regulating
the judicia ry.

CHAPTER 7: THE PRESIDENT OF THE FEDERAL REPUBLIC

Article 87. The P resident of the Federal Republic of Somalia

(1) The President of the Federal Republic o f Somalia is:

(a) The Head of the State of the Federal Republic of Somalia;
(b) The symbol of the national unity;
(c) The guardian and promoter of the founding principles of the Constitution.

(2) The President of the Federal Republic of Somalia shall ca rry out his duties in accordance with the
Constitution and the other l aws of the Federal Republic of Somalia.

27

PROVISIONAL CONSTITUTION

Article 88. Eligibility Criteria for the position of President of the Federal Republic of
Somalia

Any citizen is eligible for the position of President of the Federal Republic of Somalia, as long as he or
she meets the eligibility requirements of:

(a) Being a Somali citizen and a Muslim;
(b) Being not less than fo rty years of age;
(c) Having rele vant kn owle dge or experience for the role;
(d) Having a sound mind; and
(e) Not h aving been co nvicted by a cou rt of a major crim e.
Article 89. Election of the P resident of the Federal Republic of Somalia

(1) The Houses of the Federal Parliament shall elect the Pr esident of the Federal Republic of
Somalia in a joint session, presided over by the Spea ker of the House of the People of the Federal
Parliament.

(2) A mini mum of two-thirds (2/3) of the members of each House of the Federal Parliament must be
present when electing the President of the Federal Republic of Somalia.

(3) Candidatures must be proposed to the joint session of the Houses of the Federal Parliament by
a mini mum of twenty (20) members of the House of the People of the Federal Parliament, or a
mini mum of one (1) Federal Member Stat e.

(4) W hen the members of the Upper House of the Federal Parliament are voting for the President of
the Federal Republic of Somalia, ea ch one of them has one vote.

(5) Every presidential candidate has to declare his cand idacy to the Houses of the Federal Parliament
and shall present his election pro gramme to the Federal Parliament, whi ch shall then elect the
President by the foll owing process:

(a) The election of the President of the Federal Republic of Somalia shall be conducted by
secret ballot;

(b) Any candidate who gains a t wo-thirds (2/3) majority vote of the total membership of the
two Houses of the Federal Parliament shall be elected President of the Federal Republic of
Somalia;

(c) If no candidate gains the nece ssa ry t wo-thirds (2/3) majority in the first round, a second
round of voting shall be conducted for the four candidates with the greatest number of votes
from the first round, and any candidate who gains a t wo-thirds (2/3) majority vote of the
total member ship of the t wo Houses of the Federal Parliament in the second round shall be
elected President of the Federal Republic of Somalia;

(d) If no candidate gains the necessa ry t wo-thirds (2/3) majority in the second round, a third
round of voting shall be con ducted bet ween the t wo candidates with the greatest number of
votes from the second round, and the candidate who gains the greatest number of votes in
the third round shall be elected President of the Federal Republic of Somalia.

28

THE FEDERAL R EPUBLIC OF SOMALIA

Article 90. The Responsibilities and Powers of the P resident of the Federal Republic of
Somalia

The p ow ers and responsibilities of the President of the Federal Republic of Somalia are to:
(a) Declare a state of emer gency and war in acc ordance with the l aw;
(b) Se rve as Commander in Chief of the A rmed Forces;

(c) Appoint and dismiss the Commanders of the Forces at the Federal G overnment Le vel on the
recommendation by the Council of Ministers;

(d) Appoint the Prime Ministe r, and to diss olve the Federal G overnment if it does not get the
required vote of confidence from the House of the People of the Federal Parliament by a
simple majority (50% +1);

(e) Dismiss minister s, state ministers and d eputy ministers on the recommendation of the Prime
Minister;

(f) Sign draft l aws passed by the Federal Parliament in order to bring them into l aw;
(g) Open the House of the People of the Federal Parliament;
(h) Hold an an nual session with the House of the People of the Federal Parliament;
(i) Addres s the House of the People of the Federal Parliament at any other time;
(j) Appoint the chai rman of the Constitutional Cou rt, the High Cou rt, and other jud ges at the
Federal G overnment Le vel in accordance with the recommendation of the Judicial Se rvice
Comm ission;

(k) Appoint senior Federal G overnment officials and the heads of the Federal G overnment
Institutions on the recommendation of the Council of Ministers;

(l) Appoint ambassadors and high commissions on the recommendation of the Council of
Ministers ;

(m) Rece ive foreign diplomats and consuls;

(n) Confer State Honors on the recommendation of the Council of Ministers;

(o) Dissol ve the House of the People of the Federal Parliament when its te rm expire s, there by
prompting new elections;

(p) Pardon of fenders and com mute sentences on the recommendation of the Judicial Se rvice
Commission; and

(q) Sign inte rnational treaties proposed by the Council of Ministers and appr oved by the House
of the People of the Federal Parliament.
Article 91. Term of Offi ce of the P resident of the Federal Republic of Somalia

The President of the Federal Republic of Somalia shall hold office for a te rm of four (4) year s, sta rting
from the d ay he ta kes the oath of the President of the Federal Republic of Somalia, in accorda nce with
Article 96 of the Constitution.

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PROVISIONAL CONSTITUTION

Article 92. Impeachment and Discharging of Duties of the P resident of the Federal
Republic of Somalia

(1) The House of the People of the Federal Parliament can propose the dism issal of the President of
the Federal Republic of Somalia if he is accused of treason, or gross violation of the Constitution
or the l aws of the Federal Republic of Somalia.

(2) The motion for dismissing the President of the Federal Republic of Somalia m ay be introduced by
no less than one -third (1/3) of the total membership of the House of the People of the Federal
Parliament, and m ay be presented to the Constitutional Cou rt, whi ch shall preside over the case to
see whether it has le gal ground s.

(3) If the Constitutional Cou rt dete rmines that the case has le gal ground s, the President of the Federal
Republic of Somalia m ay be dismissed by a t wo-thirds (2/3) majority vote of the total membership
of the t wo Houses of the Federal Parliament.

(4) If the Pres ident of the Federal Republic of Somalia is dismissed in accordance with Clauses 1 -3 of
this A rticle , the Spea ker of the House of the People of the Federal Parliament shall assume the
duties of the President of the Federal Republic of Somalia.
Article 93. Resignation of the P resident of the Federal Republic of Somalia

The President of the Federal Republic of Somalia m ay resign to the Federal Parliament through the
Spea ker of the House of the People of the Federal Parliament.
Article 94. Acting P resi dent of the Federal Republic of Somalia

(1) If the President of the Federal Republic of Somalia is absent from the count ry, or unable to fulfill
his duties due to illness or any other reason, the Spea ker of the House of the People of the Federal
Parliamen t shall assume these duties until su ch time as the President of the Federal Republic of
Somalia resumes offic e.

(2) If the Spea ker of the House of the People of the Federal Parliament assum es the duties of the
President of the Federal Republi c, the D eputy Spea ker of the House of the People of the
Federal Parliament shall act as the Spea ker of the House of the People of the Federal Parliament.

Article 95. Vacancy in the Office of the P resident of the Federal Republic of Somalia

(1) If the Office of the President of the Federal Republic of Somalia falls vacant, the Spea ker of the
House of the People of the Federal Parliament shall act as President of the Federal Republic until
su ch time as a new President of the Federal Republic is elected, within a maxi mum of thi rty (30)
days.

(2) If the President of the Federal Republic suffers a te rminal illness that is expected to lead to his or
her death within a period of three (3) months and this is attested to by medical expe rts, the office
of the President of the Federal Republic shall le gally be deemed vacant.

(3) The election of a President of the Federal Republic of Somalia to fill an office left vacant in
accordance with Clause 2 of this A rticle shall be conducted in accordance with the presidential
election procedure stated in A rticle 89 of the Constitution.

(4) A President of the Federal Republic of Somalia elected in accordance with Clause 3 of this A rticle
shall complete the remaining period of the te rm of the previous President.

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THE FEDERAL REPUBL IC OF SOMALIA

Article 96. Oath of the P resident of the Federal Republic of Somalia

Before assuming offic e, the President of the Federal Republic of Somalia shall ta ke an oath before the
Federal Parliament, administered by the Chai rman of the High Cou rt, whi ch shall be as foll ows:

“I swear in the name of Allah that I will perfo rm my duties honestly and in the best interest of
the Nation, People and Religion, and that I will abide by the Constitution and the other L aws of
the Count ry”

CHAPTER 8: THE E XECUTIVE BRANCH

Article 97. The Council of Ministe rs

(1) The e xecut ive p ow er of the Federal G overnment shall be vested in the Council of Minister s, in
accordance with the Constitution.

(2) The Council of Ministers is the highest e xecut ive authority o f the Federal G overnment and consists
of the Prime Ministe r, the d eputy prime minister (s), minister s, state ministers and d eputy -minister s.

(3) The Prime Minister shall appoint d eputy prime minister s, minister s, state minister s, and d eputy
minister s. Tho se eligible for membership of the Council of Ministers m ay b e, but shall not be
limited t o, members of the House of the People of the Federal Parliament.

(4) Vacancy in the office of the Prime Minister caused by the resignation, dismissal, failure to fulf ill
responsibilit y, or death of the Prime Minister shall lead to the dissolution of the Council of
Minister s.
Article 98. Criteria for Membe rship of the Council of Ministe rs

(1) The person holding the office of the Prime Minister or D eputy Prime Minist er must :

(a) Not be bel ow the a ge of forty (40) years; and
(b) Have a un iversity -level education.
(2) The person being appointed as Ministe r, State Minister or D eputy -Minister must:
(a) Not be bel ow the a ge of thi rty (30) years; and
(b) Have un iversity -level education.

(3) During their te rm of offic e, members of the Council of Ministers are prohibited from:

(a) Holding any responsibility other than that of membership of the House of the People of the
Federal Parliament;

(b) Having a pr ivate profession, or carrying out pr ivate commercial, economi c, or industrial
act ivities;

(c) Pur chasing or hiring government assets; or

(d) Selling or renting their assets to the government.

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PROVISIONAL CONSTITUTION

Article 99. Responsibilities of the Council of M iniste rs

The Council of Ministers has the p ow ers to:

(a) Formulate the overall government policy and implement it;

(b) Appr ove and implement administrat ive regulation s, in accordance with the l aw;

(c) Pr epare draft l aws, and table them before the House of the People of the Federal Parliament;
(d) Pr epare the an nual bud get and finalise the accounts;
(e) Set the national de velopment plan;

(f) Implement l aws, ensure national securit y, and protect state interests;
(g) Appoint and dismiss senior public offi cials;
(h) Propose the appointment or dismissal of ambassador s, consuls and diplomats; and

(i) Exercise any other p ow er confe rred upon it by the Constitution or by other l aws.

Article 100. Responsibilities and Powers of the Prime Minister

The responsi bilities of the Prime Minister are to:

(a) Be the Head of the Federal G overnment;

(b) Appoint and dismiss members of the Council of Ministers;

(c) Present the Council of Ministers and government pro gram before the House of the People
of the Federal Parl iament to seek their endorsement;

(d) Ca rry out any other function confe rred upon him or her by the Constitution or by any other
law that complies with the Constitution and its underlying value s.

Article 101. Deputy Prime Minister

The D eputy Prime Min ister acts for the Prime Minister when the Prime Minister is out of the count ry,
and ca rries out other responsibilities as m ay be dele gated by the Prime Ministe r.
Article 102. Functions of the Ministe r, Deputy -Ministe r, and State Minister

(1) Every Min ister is personally responsible for the functions of his Minist ry.

(2) Every D eputy -Minister shall ca rry out functions dele gated to him by his Ministe r.

(3) State ministers shall ca rry out specific functions assigned to them by the Prime Ministe r.
Article 103. Ca reta ker G ov ernment

Bet ween the date of a general election and the s wearing in of the new Prime Ministe r, the existing
Prime Minister and Council of Ministers shall conti nue to se rve in a careta ker capacity to ca rry out
routine dutie s.

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THE FEDERAL REPUBLIC OF SOMALIA

Article 104. Oath

After obtaining a vote of confidenc e, the Prime Minister and the Council of Ministers shall, before
assuming their dutie s, ta ke the Oath in a special session of the House of the People of the Federal
Parl iament, administered by the Chai rman of the High Cou rt, and whi ch shall read as foll ows:

“I swear in the name of Allah that I will perfo rm my duties honestly and in the best interest of
the Nation, People and Religion, and that I will abide by the Constit ution and the other L aws of
the Count ry”

CHAPTER 9: THE JUDICIAL A UTHORITY

Article 105. The Judicial Authority of the Federal Republic of Somalia

(1) Judicial authority is vested in the cou rts.

(2) The judicial st ructure shall be regulated in a law enacted by the Federal Parliament.

Article 106. Judicial Independence

(1) The judicia ry is ind ependent of the legislat ive and e xecut ive bran ches of government whilst fulfill ing
its judicial function s. Members of the judicia ry shall be subject only to the l aw.

(2) No c ivil or criminal proceedings shall be instituted a gainst a jud ge in respect of the e xercising of
any judicial function.

(3) The home or person of a jud ge cannot be sear ched without the authorization of the Judicial Se rvice
Commission .

Article 107. Judicial P rocedu re

(1) Judicial proceedings shall be open to the publi c, but the cou rts m ay decid e, in the interests of ethic s,
national securit y, the protection of witnesse s, in cases i nvolving ju venile s, or conce rning rap e, that
the pr oceedings be held in pr ivate.

(2) No judicial decision shall be made unless all pa rties h ave had the oppo rtunity to present their cas e.
(3) Reasons shall be g iven for all judicial decision s.

Article 108. National Cou rt St ructu re

The national cou rt st ructure shall be of three le vels, whi ch are:
(a) The Constitutional Cou rt;
(b) The Federal G overnment le vel cou rts;

(c) The Federal Member State le vel cou rts. The highest cou rt at the Federal G overnment le vel
33

PROVISIONAL CONSTITUTION

shall be the Federal High Cou rt, whilst the highest cou rt at the Federal Member State le vel
shall be the Federal Member State High Cou rt.
Article 109. The P roceedings of the National Cou rts

(1) If a case is presented before a cou rt, and the case conce rns the Federal Government, the cou rt shall
refer the case to the Federal G overnment le vel cou rt.

(2) If a case is presented before a cou rt and the case conce rns a constitutional matte r, the cou rt m ay
refer the case to the Constitutional Cou rt.

(a) Any cou rt with judic ial p ow ers can decide on whether a matter brought before it is
a constitutional matter or not, if this will not contradict the e xclus ive p ow ers of the
Constitutional Cou rt, as stipulated in A rticle 109C of the Constitution;

(b) The Constitutional Cou rt is the final authority in constitutional matters;

(c) The Constitutional Cou rt shall h ave sole jurisdiction on matters of inte rpretation of the
Constitution whi ch h ave not arisen out of cou rt liti gation;

(d) Any ind ividual or group, or the government m ay s ubmit a reference application directly to the
Constitutional Cou rt on matters conce rning the public interest.

(3) Notwithstanding Clauses 1 and 2 of this A rticl e, the Federal Parliament shall enact a l aw pr oviding
detailed l aws for the interaction bet ween the Federal G overnment le vel cou rts and the Federal
Member States cou rts.

Article 109A. The Judicial Se rvice Commission

(1) This Constitution establishes a Judicial Se rvice Commission.

(2) The Judicial Se rvice Commission shall be comprised of nine ( 9) member s, whi ch shall be as foll ows:
(a) The Chief Jud ge of the Constitutional Cou rt;
(b) The Chief Jud ge of the High Cou rt;
(c) The Atto rney General;
(d) Two (2) people who are members of the Somali Ba r, appointed by the Somali L aw Society for
a four (4 ) year te rm;

(e) The Chair of the Human Rights Commission;

(f) Three (3) people of high r eputation within Somali societ y, proposed by the Council of
Minister s, and then appointed by the President for a te rm of four (4) year s, and rene wable
only onc e.

(3) The Judicial Se rvice Commission shall elect a chair from amongst its member s.

(4) The te rm of office for the members of the Judicial Se rvice Commission is fi ve (5) year s, rene wable
only onc e.

(5) A disciplina ry regulation passed by the Judicial Se rvice Commission shall apply to all the members
of the Judicial Se rvice Commission.

(6) In accordance with l aw and regulation, the Judicial Se rvice Commission shall do the foll owing:
34

THE FEDERAL REPUBLIC OF SOMALIA

(a) Appoint, discipline and transfer any member of the judicia ry at the Federal le vel;
(b) To decide on re muneration and pensions of members of the judicia ry;
(c) To decide on other work matters of the judicia ry.
Article 109B. The Formation of the Constitutional Cou rt

(1) This Constituti on establishes the Constitutional Cou rt, whi ch is composed of five (5) Jud ges
including the Chief Jud ge and the D eputy Chief Jud ge.

(2) The Judicial Se rvice Commission shall nominate as jud ge of the Constitutional Cou rt only persons
of high inte grit y, wit h appropriate qualifications in l aw and Shari’a, and who are each highly
competent in Constitutional matter s.

(3) The Judicial Se rvice Commission shall propose to the House of the People the person they want to
be appointed as a Constitutional jud ge.

(4) If the House of the People of the Federal Parliament appr oves the name proposed in accordance
with Clause 3 of this A rticl e, the President of the Federal Republic shall appoint that Person as a
jud ge of the Constitutional Cou rt.

(5) From amongst their me mber s, the Constitutional Cou rt jud ges shall appoint the Chief Jud ge and
Deputy Chief Jud ge.
Article 109 C. The Powers of the Constitutional Cou rt

(1) The Constitutional Cou rt shall h ave the foll owing e xclus ive p ow ers:

(a) Upon request from a member of the Council of Minister s, a committee from either one
of the House s, or ten members of either House of the Federal Parliament, to review draft
legislation, and dete rmine its compatibility with the Constitution;

(b) To hear and decide cases as stipulated in A rticle 86 conce rning challen ges to the
constitutionality of a l aw passed by the Federal Parliament;

(c) To hear and decide on cases that h ave been submitted to the Constitutional cou rt resulting
from matters stated in A rticle 109 (2) (c), conce rning m atters of inte rpretation of the
Constitution not arising out of Cou rt liti gation;

(d) To resol ve any disputes bet ween the Federal G overnment and the Federal Member State
government s, or among the Federal Member State governments;

(e) To hear and decide c ases arising out of disputes bet ween or gans of the Federal G overnment,
conce rning their respect ive constitutional p ow ers and duties;

(f) To hear and decide cases arising in te rms of Article 92 conce rning the impea chment trials of
the President.

(2) The C onstitutional Cou rt shall dete rmine the date from whi ch the decision to void legislation shall
come into effect.

(3) In the case of legislation held to be unconstitutional, e xcept in te rms of Para graph (b) of this
Claus e, taking into account the effect of the decision on the date of invalidation on the sta keholders
and other social interest s, the constitutional cou rt m ay declare the legislation i nvalid from the time
of enactment, or from the time of the judgment, o r, to enable appropriate action pending i nvalidit y,
from a date specified in the futur e.

35

PROVISIONAL CONSTITUTION

(4) In the case of criminal legislation, if the effect of declaring the l aw i nvalid from the enactment date
would be of benefit to a person who has been co nvicted through this unconstitutional legislation,
the i nvalidity must be from the time of enactment.

CHAPTER 10: THE INDEPENDENT COMMISSIONS

Article 110. General Principles

(1) An Ind ependent Commission is a body that is ind ependent of government or political contro l, and
able to ma ke use of expe rtise rele vant to the pa rticular areas of its work.

(2) In its mandate and operation s, an Ind ependent Commission shall embody and reflect the spirit of
human right s, democracy and transparenc y.

(3) An Ind ependent Commission must not be subject to the direction or control of any person or
institution.

(4) The funding for ea ch Ind ependent Commission shall be allocated by a s eparate vote in the national
bud get.
Article 111. The Formation of Independent Commissions

(1) The count ry shall h ave Ind ependent Commissions both at the Federal G overnment le vel as well as
at the le vel of the Federal Member State s, and their obli gation s, duties and numbers shall be defined
in a l aw passed by both Houses of the Federal Parliament.

(2) W hile putting into consideration the specific tasking that those commissions are ent rusted with, the
Federal Member States of Somalia must be consulted when appointing the commissioner s.
Article 111A. The Judicial Se rvice Commission

(1) There shall be a Judicial Se rvice Commission, whi ch shall advise the Federal G overnment on the
administration of justice including rec ruitment, dismissal, and any le gal action ta ken a gainst jud ges.

(2) The Judicial Se rvice Commission has to be ind ependent, neutral, non -pa rtisan and shall ensure the
ind ependence of the judicia ry.

(3) The Judicial Se rvice Commission shall h ave p ow ers, and responsibilities as stipulated in the
Constitution and the national l aws.
Article 111B. The Human Rights Commission

(1) There sha ll be a Human Rights Commission that shall be mandated to:

(a) Promote respect of human right s, and the culture of human rights;

(b) Promote the protection, de velopment, and attainment of human rights; and

(c) Monitor and assess the obse rvance of the co nduct of human rights in the Federal Republic
of Somalia.

36

THE FEDERAL REPUBLIC OF SOMALIA

(2) In accordance with the Constitution, the Human Rights Commission shall h ave p ow ers to perfo rm
the foll owing functions:

(a) To i nvesti gate and r epo rt on th e obse rvance of human rights;

(b) To ta ke st eps to secure appropriate redress where human rights h ave been violated;
(c) To ca rry out resear ch; and
(d) To educate the public and state officials on inte rnational standards relating to human right s.

(3) The pow ers and the act ivities of the Human Rights Commission shall be stipulated in the Human
Rights Commission Act.

(4) The Human Rights Commission shall be ind ependent, impa rtial, and inclus ive and shall have not
more than nine member s.
Article 111 C. The Anti -Co rruption Commission

(1) There shall be an Anti -Co rruption Commission and its mandate is to i nvesti gate alle gations of
co rruption that implicate the public secto r.

(2) The Anti -Co rruption Commission m ay conduct enquiries at its own discretion and is not required
to act only upon a complaint.

(3) The mandate of the Anti -Co rruption Commission includes:

(a) To promote and strengthen measures to pre vent and combat co rruption more efficiently and
effect ively;

(b) The ad vancement, facilitation and su ppo rt of inte rnational co -operation related to anti –
co rruption policies; and

(c) To promote inte grit y, accountabilit y, and proper mana gement of public matters and prope rty.
(4) The p ow ers of the Anti -Co rruption Commission include:
(a) To pre vent, i nvest igate and publish co rruption alle gations;

(b) To freez e, seiz e, confiscate or retu rn any gains from criminal act ivity; and

(c) To suppo rt the adoption of su ch l aws and other measures necessa ry to effect ively pre vent
and prosecute criminal offences relati ng to co rruption.

(5) The scope of the Anti -Co rruption Commission includes issues relating to:

(a) Co rruption of national or foreign public officials and officials of public inte rnational
or ganizations;

(b) Embezzlement, misappropriation or other d ivers ion by a public official of any public or
pr ivate prope rty;

(c) Trading in influence; and

(d) Abuse of functions and illicit enri chment.

(6) The Antico rruption Commission shall be ind ependent, impa rtial, r epresentat ive and inclus ive and
shall h ave not more than nine member s.

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PROVISIONAL CONSTITUTION

Article 111 D. Parliamenta ry Se rvice Commission

(1) At the beginning of the te rm of the House of the Peopl e, both Houses of the Federal Parliament
shall establish a Parliamenta ry Se rvice Commission serving for the te rm of the House of the
Peopl e.

(2) The Parliamenta ry Se rvice Commission shall consist of:

(a) The Spea ker of the House of the People as chai rperson;
(b) The Spea ker of the Upper House as vice -chai rperson;
(c) Four (4) members elected by the House of the People from among its member s, of whom at
least t wo (2) shall be women;

(d) Two (2) members elected by the Upper House from among its member s, of whom at least
one shall be a woman; and

(e) One member appointed by the House of the Peopl e from among persons who are
experienced in public affair s, but are not members of the Federal Parliament.

(3) A member of the Parliamenta ry Se rvice Commission shall vacate office:

(a) At the end of the te rm of the House of the People;

(b) If the member is a member of the Federal Parliament and ceases to be a member of the
Federal Parliament; or

(c) If the member is an appointed membe r, on re vocation of the perso n’s appointment by the
House of the Peopl e.

(4) The Parliamenta ry Se rvice Commission shall be responsible fo r:

(a) Pr oviding se rvices and facilities to ensure the efficient and effect ive functioning of the
Federal Parliament;

(b) Constituting offices to suppo rt the parliamenta ry se rvic e, and appointing and supe rvising
office holders;

(c) Pr eparing an nual estimates of expenditure of the Federal Parliament and submitting them
to the House of the People for appr oval, and e xercising bud geta ry control over financial
act ivities; and

(d) Perfo rming any other function necessa ry for the well -being of the members and staff of the
Federal Parliament as prescribed by federal l aw.

(5) With the appr oval of the rele vant Hous e, the Parliamenta ry Se rvice Commission shall appoint a
Clerk for ea ch House of the Federal Parliament. The offices of the Clerks and offices of members
of the staff of the Clerks shall be offices in the Parliamenta ry Se rvic e.
Article 111E. Boundaries and Federation Commission

(1) There shall be a Boundaries and Federation Commission to suppo rt the te rritorial chan ges in
Somalia in o rder that it m ay become a fully -fled ged federation of state s.

(2) The Boundaries and Federation Commission m ay dr aw on national and inte rnational expe rtis e,
conduct studie s, ma ke and print maps and conduct inquires to suppo rt the creation of viable federa l
state s.

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THE FEDERAL REPUBLIC OF SOMALIA

(3) The Boundaries and Federation Commission shall ta ke into account demo graphic and ca rtographic
info rmation as well as political, economic and social criteria and recommend to the Federal
Parliament the demarcation of boundaries of Federal Member State s.

(4) The commission shall be ind ependent, impa rtial, inclus ive and r epresentat ive of all geo graphical
pa rts of Somalia.

(5) The final dete rmination of the boundaries of Federal Member States shall be ma de by the
Federal Parliament and shall be based on the recommendations of the Boundaries and Federation
Commission.
Article 111 F. Inte r-state Commission

(1) There shall be established by federal l aw an Inte r-state Commission.
(2) The Inte r-State Commi ssion shall h ave su ch p ow ers as the Federal Parliament deems necessa ry to:
(a) Facilitate inter governmental coordination and cooperation among the Federal G overnment
and the governments of the Federal Member States; and

(b) Resol ve any administrat ive, pol itical or jurisdictional disputes bet ween the Federal
Government and one or more governments of the Federal Member States or bet ween the
governments of Federal Member State s.

(3) The Interstate Commission shall be composed of members appointed by the Prim e Minister and at
least an equal number of members appointed by ea ch government of the Federal Member State s.
Article 111 G. National Independent Electoral Commission

(1) There shall be established a National Ind ependent Electoral Commission, establishe d under
the Constitution. The National Ind ependent Electoral Commission shall be ind ependent of the
execut ive and shall mana ge its own bud get. The National Ind ependent Electoral Commission
shall be inclus ive and r epresentat ive and be impa rtial and neutral and shall not h ave more than nine
member s.

(2) The mandate of the National Ind ependent Electoral Commission includes:
(a) The conduct of presidential elections;
(b) The conduct of Federal Parliament elections;

(c) The conti nuous registration of voters and revision of the voter ’s roll;
(d) The registration of candidates for elections;
(e) The delimitation of constituencies and wards;
(f) The regulation of the political pa rty system;
(g) The settlement of electoral disputes;
(h) The facilitation of the ob servation, monitoring and e valuation of elections;

(i) The regulation of money spent by an elected candidate or pa rty in respect of any election;
(j) The de velopment of an electoral code of conduct for its candidates and pa rties;
(k) The monitoring of com pliance with legislation on nomination of candidates by pa rties; and

39

PROVISIONAL CONSTITUTION

(l) Voter education.

(3) The Federal Parliament shall establish the National Ind ependent Electoral Commission and the
rele vant legislation required to su ppo rt it as a matter of priorit y.
Article 111H. National Security Commission

(1) A National Security Commission shall be established by federal l aw. The National Security
Commission shall be ind ependent and shall comprise security expe rts from all sec tor s.

(2) The mandate of the National Security Commission shall be to:

(a) Study and de velop an inte grated security frame work to address the present and future needs
of Somalia for review and adoption by the Federal Parliament;

(b) Present proposals to ensure that human security is prioritized and inco rporated into the
national security frame work;

(c) De velop a frame work through whi ch the public m ay pr ovide oversight and monitor security
related expenditure; and

(d) Seek redress from abuses by security personnel.

(3) The priority issues to be addressed by the National Security Commission shall include:
(a) Piracy;
(b) Demobilization of militias and reinte gration into society whi ch includes skills training and the
pr ovision of material suppo rt and psy chological counseling;

(c) Policing; and

(d) Ensuring c ivilian control of the a rmed force s.

(4) The National Security Commission shall establish a C ivilian O versight Sub -Committee comprising
security expe rts, members of the Federal Parliament, academics and c ivil society r epresentat ives
from all sectors of Somali societ y. The mandate of the C ivilian O versight Sub -Committee shall be
to:

(a) Present proposals to ensure that human security is prioritized and inco rporated into the
national security frame work ;

(b) De velop a frame work through whi ch the public m ay pr ovide oversight;
(c) Monitor security related expenditure; and
(d) Seek redress from abuses by security personnel.
Article 111I. Truth and Reconciliation Commission

(1) There shall be establish ed a Truth and Reconciliation Commission to foster national healing,
reconciliation and unity and to ensure that matters relating to impunit y, re ven ge and other tri ggers
of violence are addressed through a le gal and state directed proces s.

(2) The Truth a nd Reconciliation Commission shall be ind ependent, impa rtial and r epresentat ive and
shall include: traditional elders and leader s, members of the Federal Parliament, respected members
of civil societ y, jud ges and security personnel.

40

THE FEDERAL REP UBLIC OF SOMALIA

(3) The mandate of the Truth and Reconciliation Commission shall include:

(a) Bearing witness t o, record, and in some case s, grant amnesty to the pe rpetrators of crimes
relating to human rights violation s, and rehabilitation of the crimi nals; and

(b) Promoting forg ivenes s, reconciliation and national unit y.
Article 111 J. The Office of the Ombudsman

(1) There shall be established the Office of the Ombudsman.

(2) The Ombudsman must act in accordance with the Constitution and the L aws.

(a) A member of the Council of Minister s, the Federal Parliament or any other person shall not
interfere with the work of the office of the Ombudsman.

(b) Ea ch d epa rtment of the G overnment shall co -operate with the office of the Ombudsman
regarding the need to maintain its ind ependenc e, inte grity and effect ive se rvice del ivery.

(3) W hile acting in accordance with the recommendations of the Judicial Se rvice Commission, the
President of the Federal Republic of Somalia shall nominate an Ombudsman.

(a) The Judicial Se rvice Commission can recommend the nomination of a person as an
Ombudsman, only if su ch a person is qualified to be nominated as a jud ge of the
Constitutional Cou rt.

(b) The Ombudsma n’s te rm of office is se ven (7) year s.

(4) In Clause 5, the word “officer” means any person who is elected or nominated or who works for
a Federal G overnment, Federal Member State government or a local government institution or an
officer who is pa rt of a business owned, mana ged or is in the hands of the government , or an office
member of the defense or police force s, but does not include a jud ge of the Constitutional Cou rt, a
High Cou rt or any other officers involved until an alle gation becomes evident of a judicial task.

(5) The Ombudsman shall:

(a) Investi gate complaints re garding alle gations or outright violations a gainst basic rights and
freedom s, abuse of p ow er, unfair beh avio r, mercilessnes s, la ck of clemenc y, indiscipline or
disrespect t owards a person that l ives in Somalia by an officer who works at the various le vels
of government, an apparently unfair beh avio r, or act in a co rrupt manne r, or a beh avior by an
officer deemed as ille gal by a democratic society or re garded as mis chief or injustic e.

(b) Investi gate complaints in relation to the act ivities of the Public Se rvice Commission of the
government, administrat ive institutions of the government, and the defense and police forces
whoe ver su ch complaints relate t o, failure to equally align those se rvices or fair rec ruitment
among all people in those se rvices or to administer those se rvices fairl y.

(c) Take appropriate st eps that the public calls fo r, to rectify or chan ge items mentioned in
earlier clauses through a fai r, and appropriate proces s, whi ch includ e, but are not limited to:

(i) Consultations an d sacrifices among the people conce rned;
(ii) Repo rting on the complaints and matters presented to the Ombudsman, and
submit to the head of the offender;
(iii) To for ward the matter to the Atto rney General;
(iv) To bring the matter before a cou rt that f orbids improper conducts by an officer;
or

41

PROVISIONAL CONSTITUTION

(v) For ward to the Atto rney General a matter suspected to i nvolve co rruption.
(6) The Atto rney General shall submit a yearly r epo rt to the House of the People and the Upper
House of the Federal Parliament and to the public in general.

Article 112. Appointment of Independent Commissions at the Federal Le vel

Unless the Constitution pr ovides otherwis e, the rele vant Minister shall propose the names of
commissioners to the Council of Minister s. If the Council of Ministers appr oves, the names shall be
submitted to the conce rned House of the Federal Parliament. If the conce rned House of the Federal
Parliament appr oves the name s, they shall be sent to the President of the Federal Repub lic for fo rmal
appointment.
Article 113. Regulations of Independent Commissions

The regulations of the Ind ependent Commissions shall be stated in a l aw passed made by the House of
the People of the Federal Parliament.
Article 114. The Independent Of fices

There shall be ind ependent institutions whi ch the Federal G overnment and the Federal Member States
shall h ave; su ch as the Atto rney General, the Auditor General and the Federal Central Bank.

CHAPTER 11: CIVIL SE R VICE

Article 115. Civil Se rvice Values

The c ivil se rvice at all le vels of government is a pled ge to se rve the people and shall be based on the
values of the Constitution, compassion, transparenc y, com munity se rvic e, respect for administrat ive
hierar chy, obedienc e, confidentialit y, work ethic s, efficienc y, effect ivenes s, professionalism protect
principles of fai rnes s, equality and best practice s.
Article 116. Protection of the rights of civil se rvants

Civil se rvants m ay not be:

(a) Victimized for doing work related to their respo nsibility;

(b) Dismissed from their jo b, transfe rred from office or be demoted, unless there is le gal and
reasonable ground.

Article 117. Appointment of High Ranking Officials

High ranking public empl oyees and officials of the government as defined by the l aw, shall be
appointed by the President of the Federal Republic of Somalia, after considering the proposal by the
Council of Minister s.

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THE FEDERAL REPUBLIC OF SOMALIA

Article 118. Civil Se rvants and Public Emplo yees

(1) Civil se rvants and p ublic empl oyees shall e xercise their functions in accordance with the l aw and
solely in the public interest.

(2) Civil se rvants and public empl oyees shall not be leaders of any political pa rty.

(3) The l aw shall dete rmine the cate gories of state empl oyee s who m ay not be members of political
pa rtie s, and the act ivities that are incompatible with their dutie s.

(4) The le gal status of the state empl oyees shall be regulated by l aw.

(5) Permanent jobs with the government m ay be ea rned only by an open competi tion, e xcept in the
circumstances described by l aw.

Article 119. Civil Se rvice

(1) The Federal G overnment and the Federal Member States m ay rec ruit their empl oyee s.
(2) There shall be a c ivil se rvice both at the Federal le vel and at the le vel of the Federal Member States;
(3) The Federal G overnment and the Federal Member States m ay cooperate in the d eployment of staf f,
in order to ensure that expe rtise and experience are available where needed and in order to promote
national unit y.

(4) The C ivil Se rvice of the Federal G overnment and Federal Member States shall be fo rmed on the
basis of propo rtional r epresentation of the resident population.

CHAPTER 12: FEDERAL MEMBER S TATES

Article 120. Institutions of the Federal Member States

The establi shment of the legislat ive and e xecut ive bodies of government of the Federal Member States is a
matter for the Constitutions of the Federal Member State s.
Article 121. Principles for Constitutions

Principall y, the Constitution of the Federal Republi c of Somalia and those of the Federal Member
States shall be ha rmonized.

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PROVISIONAL CONSTITUTION

CHAPTER 13: PUBLIC FI N ANCE

Article 122. Principles of Public Finance

The Principles of public finance will be discussed bet ween th e Federal G overnment and Federal
Member State in accordance with the Constitution.
Article 123. The Federal Central Bank

(1) A l aw passed by the Federal Parliament shall establish the Federal Central Bank of the Federal
Republic of Somalia.

(2) The Federal Central Bank of the Federal Republic of Somalia shall be responsible for fo rmulating
and implementing financial policies and moneta ry policies and all the banks shall abide by the
regulations set by the Federal Central Bank.

(3) The main functions of the Federal Central Bank of the Federal Republic of Somalia are to:
(a) Produce cu rrency;
(b) Control inflation;

(c) Stabilize e xchan ge rates; and

(d) Establish a sound banking system.

(4) The financial policy shall be based on the mar ket forces and lending shall not be based on
administrat ive decision s.

(5) The Federal Central Bank of the Federal Republic of Somalia has full authority to e xecute the
moneta ry polic y.

(6) The Federal Central Bank is the National Rese rve Bank

Article 124. Federal L egislation on Financial Matte rs

A law enacted by the Federal Parliament shall pr ovide the frame work for financial mana gement with the
foll owing characteristics among others:

(a) The pr eparation, timetable and procedure for presenting the bud gets of Feder al Member
States and districts in a transparent, accountable and efficient manner;

(b) Guarantees by the Federal G overnment for loans raised by Federal Member States;
(c) Procedures that the G overnment will foll ow for public procurements;
(d) Auditing of accounts of non -governmental bodies that rece ive government funding; and

(e) General measures necessa ry for the implementation of this Chapte r.

44

THE FEDERAL REPUBLIC OF SOMALIA

Article 125. The National Rese rve

(1) A l aw enacted by the Federal Parliament shall establish a National Rese rve . That l aw shall also
dete rmine legitimate re venue collection and expenditure disbursement relating to institutions at all
levels within the Federal Republic of Somalia. That l aw shall be based on an accounta bility system
that has been tested worldwide and is kn own to h ave standards related to financial rese rve and
expenditure that can equally be implemented in e very pa rt of the Federal Republic of Somalia.

(2) The National Rese rve shall ensure the implementa tion of the principle stated in Clause 1 and it
shall stop disbursement of funds to any government d epa rtment that commits major violations or
constantly violates the l aw of National Rese rve .

CHAPTER 14: PEACE AND SECURITY

Article 126. Ensuring S ecurity of the Federal Republic of Somalia

(1) The Federal G overnment shall guarantee the peac e, sovereignty and national security of the Federal
Republic of Somalia and the safety of its people through its security se rvice s, including:

(a) The a rmed for ces;

(b) The intelli gence se rvices;
(c) The police force; and
(d) The prison force s.

(2) The d eployment of the security forces shall be dete rmined by l aw.

(3) The a rmed forces of the Federal Republic of Somalia h ave the mandate to guarantee the
sovereig nty and ind ependence of the count ry and to defend its te rritorial inte grit y.

(4) The federal police force has the mandate to protect the l ives and prope rty, the peace and security of
the citizens and other residents of the Federal Republic of Somalia.

(5) The police forces established by the l aws of the Federal Member States h ave the mandate to protect
lives and prope rty and prese rve peace and security locall y, alone or in cooperation with the federal
police forc e.

(6) The a rmed national security a gencie s shall be controlled by c ivilian a gencie s.
Article 127. Principles for the Security Forces

(1) The security forces must respect the foll owing principles:
(a) Professionalism, discipline and patriotism;
(b) Respect for the rule of law, democratic inst itutions and fundamental rights;

(c) A commitment to uphold the Constitution of the Federal Republic of Somalia;

45

PROVISIONAL CONSTITUTION

(d) Transparency and accountability;
(e) Political neutrality; and
(f) Members of the forces shall be tra ined on the implementation of this Constitution, the l aws
of the land and the inte rnational treaties to whi ch the Federal Republic of Somalia is a pa rty.

(2) Every Somali citizen is entitled to be considered for positions in the national a rmed forces at a ll
levels, without discrimination , and the rights of women shall be protected in this respect.
Article 128. Abuse of Powers

Human rights abuses alle ged to h ave been committed by members of the a rmed forces a gainst c ivilians
shall be brought before a c ivilian cou rt.

Article 129. The Office of the Ombudsman

(1) This Constitution establishes the Office of the Ombudsman whi ch is an entity where the public
can lod ge their complaints a gainst abuses committed by the members of the security forces and the
government administration.

(2) The office of the Ombudsman can initiate an i nvesti gation if it suspects the existence of violation
committed by the security forces a gainst an ind ividual or on a section of the com munit y. If the
investi gations re veal co nvinc ing results it can ta ke up the matter before a rele vant cou rt of law.

(3) A special l aw shall dete rmine the p ow ers and duties of the Ombudsman
Article 130. Security Agencies L aws

The t wo Houses of the Parliament shall enact a l aw governing the st ructu re, functions and le vels of the
security a gencies of the Federal Republic of Somalia.
Article 131. State of Emergency

(1) A State of Emer gency m ay be declared only if it is necessa ry to deal with a serious situation arising
from war, invasion, insu rrec tion, disorde r, a natural disaster or some other grave public emer genc y.

(2) A State of Emer gency m ay be declared affecting the whole or pa rt of the count ry, but shall not be
more extens ive than necessa ry to deal with the situation.

(3) The President act ing on the request of the Council of Ministers m ay declare a necessa ry State of
Emer genc y, whi ch shall then be debated, and m ay be appr oved, by both Houses of the Federal
Parliament within 21 d ays after that declaration. The debates in the Federal Parliame nt shall ta ke
place in public unless it is no feasible to do so in the circumstance s.

(4) The Federal Parliament m ay appr ove or extend a state of emer gency for no more than three
months at a tim e. If the Federal Parliament does not appr ove or extend a Sta te of Emer genc y, the
State of Emer gency ceases to be in effect.

(5) The declaration of a State of Emer gency m ay g ive the e xecut ive special p ow ers that are necessa ry
to deal with the situation onl y.

(6) The p ow ers granted under a State of Emer gency shall not include p ow ers to violate the rights under
this Constitution, unless that violation is absolutely necessa ry for the pu rposes of dealing with the
emer gency situation. 46

THE FEDERAL REPUBLIC OF SOMALIA

(7) The validity of a declaration of a State of Emer genc y, and the procedures i nvolved in making the
declaration, m ay be challen ged in cou rt.
CHAPTER 15: FI N AL AND TRANSITIO N AL P R O VISIONS
Title One: Amending T he Constitution

Article 132. Provisions Applic able to an Amendment to the Constitution P rop osed After the
Expi ry of the Fi rst Term of the Federal Parliament

(1) Notwithstanding Clause 2, whether before or after the expi ry of the first term of the Federal
Parliament, neither House of Parliament m ay consider an amendment to the Founding Principle s
mentioned in Chapter 1 of this Constitution.

(2) Subject to Clause 1, and other than an amendment of the boundaries of Federal Member States
in te rms of Article 49, a House of the Federal Parliament m ay consider an amendment to the
Constitution only in terms of the procedures set fo rth in Clauses 3 through 9.

(3) The Federal G overnment or a Federal Members State government, a member of the Federal
Parliament or a petition signed by at least 40,000 citizens m ay initiate the amendment proces s.

(4) A spon sor of a constitutional amendment in te rms of Clause 3 m ay introduce that proposed
amendment into either House of the Federal Parliament.

(5) If a majority of the members of the House in whi ch its sponsors introduce a proposed
constitutional amendment acc ept that amendment on first or a subsequent reading, the Spea ker of
the House of the People and the Spea ker of the Upper House of the Federal Parliament of Somalia
shall ea ch appoint ten members of that Spea ker’s House to a joint committee of the t wo House s.

(6) The joint committee appointed in te rms of Clause 5 shall:
(a) Review a proposal for the amendment;
(b) Info rm the public of the proposal;

(c) Ensure that adequate oppo rtunity exists for public debate;
(d) Consult with members of the public;
(e) Ensure that members of the public h ave adequate oppo rtunity to present their comments
and su ggestions to the joint committee; and

(f) En gage Federal Member State legislatures and inco rporate the Federal Member States’
ha rmonized submissions into the propos ed amendment, whereas the matter conce rns Federal
Member State interest s.

(7) Within t wo (2) months after its appointment, the joint committee shall submit its r epo rt to
each House of the Federal Parliament.

(8) The Federal Parliament adopts a proposed a mendment only after appr oving it on a final vote in the
House of the People by at least t wo-thirds (2/3) of the existing member s, and on a final vote in the
Upper House of the Federal Parliament by at least t wo-thirds (2/3) of the existing member s.

47

PROVISIONAL CONSTITUTION

(9) A House of Parliament m ay ta ke a final vote only three (3) months or more after the r epo rt of the
joint committee in te rms of Clause 7.

(10) If the Parliament appr oves one or more proposed amendments in te rms of this A rticl e and A rticle
136 conce rning the review of the final Constitution, it shall conduct a referendum on the revised
Constitution as amended.

Article 133. Provisions Applic able to an Amendment to the P rovisional Constitution Schedule
One (C), or a L aw Mentio ned in Schedule One (D) of this Constitution, P roposed Be fore
the Expi ry of the Fi rst Term of the Federal Parliament: The O versight Committee

(1) In this A rticle and in A rticle 134:

(a) ‘O versight Committee’ means the Pr ovisional Constitution Review and Implementation
Oversight Committe e.

(b) ‘Review and Implementation Commissio n’ means the Ind ependent Pr ovisional Constitution
Review and Implementation Commission
(2) This Constitution establishes the O versight Committee as a Committee of the Federal Parliament.
(a) Ea ch House of the Federal Parliament of the Federal Republic of Somalia shall elect fi ve (5)
of its Members as members of the O versight Committe e. In addition, ea ch existing Federal
Member State of the Federal Republic of Somali that qualifies as a Federated State under
the Federal Constitution of Somalia shall nominate one Federal Member State Dele gate as a
member of the O versight Committee;

(b) The O versight Committee shall overse e, direct and appr ove the work of the Review and
Implementatio n Commission, and, generall y, the implementation of the Constitution.

(3) The members of the O versight Committee shall select its Chai rperson from among the members
of the O versight Committe e.

(4) Not later than one month after the O versight Committee se lects its Chai rperson, the O versight
Committee shall by majority vote adopt rules for its functionin g.

(5) The O versight Committee shall from time to tim e, assign to the Review and Implementation
Commission a drafting project based upon the requirements o f Schedules 1 (C) and 1 (D) and
su ch other requirements as shall be deemed necessa ry pursuant to the outcomes of the National
Constituent Assembly pr ovisional adoption as set fo rth in the Protocol Establishing the National
Constituent Assembl y.

(6) In ass igning a drafting project mentioned in Clause 5, the O versight Committee shall prioritize the
project as foll ows:

(a) Analyze the project in te rms of the social problem that the proposed Constitutional
amendment or bill will address;

(b) Accord high prio rity to a project that aims at changing the beh aviors that constitute a social
problem conce rning:

(i) National securit y, public safet y, the protection of basic human right s, or the
environment;
(ii) Inequality in quality of life of different segments of the Somali population,
including income inequalit y, inequality in health care del ivery, and inequality in
education;
48

THE FEDERAL REPUBLIC OF SOMALIA

(iii) Economic de velopment, including the availability of job s, ensuring that a fair
propo rtion of su rplus value ea rned by foreign i nvestors is rei nvested in the
Federal Republic of Somalia , and ensuring that Somali citizens rece ive education
in, and obtain jobs related to the use of new te chnologies; and
(iv) Safeguarding public funds a gainst co rruption and misus e.
(c) Accord lesser priority to a drafting project conce rning a social problem related to the
responsibility of an existing Minist ry other than those conce rned with high priority social
problems;

(d) So far as possible on the basis of accurate social cost -benefit calculation s, assign relat ive
priorities bet ween proposed drafting projects seemingly of equal priority;

(e) Invite Members of both Houses of the Federal Parliament of the Federal Republic of
Somalia to discuss prioritization of proposed constitutional amendments and proposed draft
bills;

(f) An nually submit to the Federal Parliament of the Federal Republic of Somalia for appr oval,
amendment s, appr oval, or rejection, of a cu rrent legislat ive drafting pro gram of priority
proposed Constitutional amendments and proposed draft bill s, in the order in whi ch the
Oversight Committee will assign projects for drafting to the Review and Implementation
Commission, and from time to time add or subtract from that pro gram as the cu rrent
situati on warrant s.

(7) As the Review and Implementation Commission, in te rms of Clause 6, completes a project assigned
to it for drafting, as mentioned in A rticle 134, it shall submit for the O versight Committee ’s review
the draft Constitutional amendment or dr aft bill, accompanied by the r epo rt mentioned in A rticle
134 (7) (b).

(8) The O versight Committee shall:

(a) Inte rnally review a draft Constitutional amendment or draft bill and the accompanying r epo rt,
rece ived in te rms of Clause 7;

(b) Info rm the publi c of the proposal and the r epo rt;

(c) So far as possibl e, ensure that adequate oppo rtunity exists for public debate;

(d) Consult with members of the public and other members of the Federal Parliament of the
Federal Republic of Somalia; and

(e) En gage Federal Member State legislatures and inco rporate ha rmonized submissions into the
proposed amendment, where the matter conce rns Federal Member State interest s.

(9) If after the consultations mentioned in Clause 8 the O versight Committee decides to inco rpora te
various su ggestions into the proposed Constitutional amendment or bill, it shall retu rn the proposed
Constitutional amendment or bill and r epo rt to the Review and Implementation Commission for
redrafting, with inst ruction s.

(10) If after the consultati ons mentioned in Clause 8 the O versight Committee decides to submit
the proposed Constitutional amendment or bill for enactment, it shall for ward the proposed
Constitutional amendment or bill to the Spea ker of the House of the Peopl e, to gether with its
acc ompanying r epo rt, for fu rther proceedings in te rms of this Constitution.

(11) The O versight Committee shall r epo rt not less that once ea ch qua rter year to both Houses of the
Federal Parliament the pro gress in completing the projects mentioned in S chedules One (C) and
One (D) and as required pursuant to the outcomes of the National Constituent Assembly as
stipulated in the Protocol Establishing the National Constituent Assembl y.

49

PROVISIONAL CONSTITUTION

(12) The O versight Committee ceases to exist upon the appr oval of its dissolution by a simple majority
(50% plus 1) of each House of the Federal Parliament of the Federal Republic of Somalia.

Article 134. Provisions Applic able to an Amendment to the Constitution P roposed Be fore
the Expi ry of the F irst Term of the Federal Parliament: The Review and Implementation
Commission

(1) This Constitution establishes the Review and Implementation Commission as a Commission subject
to the overall direction of the O versight Committee in accordance with A rticle 133.

(2) At the beginning of the first term of the Federal Parliament of the Federal Republic of Somalia,
the rele vant Minister shall nominate to the Prime Minister fi ve members of the Review and
Implementation Commission whom the rele vant Minister selec ts from sho rt lists pr epared by the
Council of Minister s. In addition, existing Federal Member States shall nominate one additional
dele gate to the Review and Implementation Commission, based on the same selection criteria.

(3) The rele vant Minister shall select as a nominee a person, not a member of the Federal Parliament,
who meets the foll owing criteria for appointment to the Review and Implementation Commission:

(a) Has a good moral character and r eputation;

(b) Possesses a de gree from a recognized u niversity;

(c) Has demonstrated competence at high le vels of public administration or l aw in Somalia;

(d) Has kn owled ge and experience of at least ten years in matters relating to one or more of the
foll owing fields:

(i) Law;
(ii) Public administration ;
(iii) Economics;
(iv) Gender;
(v) Human right s.
(e) Has had a distinguished career in the nominee ’s respect ive field; and

(f) Has extens ive legislat ive drafting experienc e.

(4) The Prime Minister shall place the names of the nominees before ea ch Hous e of the Federal
Parliament of the Federal Republic of Somalia within 15 d ays after the Cabinet is fo rmed, whi ch
shall, within fou rteen (14) d ays, appr ove all or reject one or more of the nominee s.

(5) If either House rejects a nomine e, the rele vant Minis ter shall in te rms of Clause 3 nominate a
replacement, and thereafter foll ow the procedure prescribed in Clauses 4 through 6.

(6) After the Federal Parliament of the Federal Republic of Somalia has selected fi ve 5 nominees in
terms of Clauses 4 and 5, the Prime Minister shall designate one of the nominees as Chai rperson,
and for ward the nominees’ names to the President, who shall fo rthwith appoint the Prime
Minister ’s designee as Chai rperson, and the other t wo nominees as members of the Review and
Implemen tation Commission.

(7) The Review and Implementation Commission shall:

(a) As the O versight Committee m ay direct, draft a proposed constitutional amendment in te rms
of Schedule One (C), or a proposed bill as mentioned in S chedule One (D), or as otherwise
required pursuant to the outcomes of the National Constituent Assembly;
50

THE FEDERAL REPUBLIC OF SOMALIA

(b) Pr epare a resear ch r epo rt to accompany that proposed amendment or bill, whi ch r epo rt, in
terms of evidenc e, both justifies the proposed am endment or bill and predicts the probability
that the proposed amendment or bill will induce its prescribed beh avior s, and that those
beh aviors will ameliorate the social problem at whi ch the proposed amendment or bill aims;

(c) Accomplish the necessa ry l egal and factual resear ch required to fulfill the tasks mentioned in
Para graphs (a) and (b);

(d) In te rms of Article 137 (7), submit the completed proposed amendment or draft bill
accompanied by the r epo rt mentioned in Para graph (b) to the O versight Commi ttee;

(e) Repo rt e very three (3) months to the O versight Committe e, or upon request by the O versight
Committe e, on pro gress in the review and implementation of this Constitution and any
impediments to the review and implementation process;

(f) Work with the Chief Justice of the Constitutional Cou rt to ensure the constitutionality of the
proposals; and

(g) Subject to bud geta ry limitation s, empl oy staff sufficient to accomplish its duties under this
Constitution.
Article 135. Mandates and P rescribed Tim elines for Priority Institutions and Independent
Commissions the Federal Parliament Shall Est ablish

(1) Unless otherwise stated in this Constitution, the Federal Parliament of the Federal Republic of
Somalia shall appoint no more than nine (9) members to serve on Ind ependent Commission s.

(2) The Federal Parliament shall establish the foll owing Institutions and Ind ependent Commissions
within the foll owing timeframes applicable after the Council of Ministers is fo rmed:

(a) The Judicial Se rvice Commission -30 days ;
(b) Constitutional Cou rt – 60 d ays;
(c) The Human Rights Commission, Ombudsman, the National Security Commission and the
Civilian O versight Sub -Committee – 45 d ays;

(d) The Parliamenta ry Se rvice Commission – 15 d ays;

(e) The National Ind ependen t Electoral Commission and the Boundaries and Federation
Commission – 60 d ays;

(f) The Interstate Commission – 1 year;

(g) The Truth and Reconciliation Commission – 30 d ays.

(3) In order to facilitate the work of the Federal Parliament in accomplishing these task s, the Technical
Facilitation Committee shall pr epare the draft legislation required to establish su ch commissions
under this Constitution for the O versight Committee and the Review and Implementation
Commission to finalize and submit to the Fede ral Parliament to consider as soon as practicable in
order to meet the deadlines established in Clause 2 ab ove .
Article 136. Adoption of a Constitutional Amendment During the Fi rst Term of the House of
the People; Adoption of the Final Constitution.

(1) During the first term of the Somali Federal Parliament, it shall adopt a proposed amendment to the
Pr ovisional Constitution only after appr oving it in a final vote in the House of the People by at least
51

PROVISIONAL CONSTITUTION

two-thirds (2/3) o f the existing Member s, and in a final vote in the Upper House of the Federal
Parliament by at least t wo-thirds (2/3) of the existing member s.

(2) In a referendum held conce rning the Pr ovisional Constitution as amended, held before the end of
the first term of the House of the Peopl e, the electorate of the Federal Republic of Somalia m ay
adopt the new Constitution by a majority vote in f avor of the final version of this Constitution.
Article 137. Review of the Constitution of the Federal Republic of Som alia After Ratification
by Refe rendum

(1) At the expi ry of the first term of the Federal Parliament of Somalia, the Federal Parliament
shall establish a Commission to review the implementation and operation of the Constitution
of the Federal Republic of Somalia, as ratified in te rms of Article 136 on adoption of the final
Constitution, and to consult the Federal Member States and members of the public on possible
chan ges.

(2) Within six months after its appointment, the Commission shall submit a r epo rt to the Federal
Parliament, the Federal Member States and the publi c.

(3) After collection and consideration of the views of the Federal Member State s, the publi c, and
monitoring and e valuating the implementation and application of the final Constitution and not
less than six (6) months before the expi ry of the second te rm of the Somali Federal Parliament,
the Commission, in consultation with the Chief Justice of the Constitutional Cou rt to ensure that
the letter and spirit of the Constitution is respected, shall revise its r epo rt and submit to the Federal
Parliament its proposal s, if an y, for amending the Constitution in te rms of Article 132.

(4) If the Federal Parliament appr oves one or more proposed amendments in te rms of Article 132,
the Federal Parliame nt shall foll ow the procedures set fo rth in A rticle 132 on the proposed revised
Constitution of the Federal Republic of Somalia as amended.

(5) If a majority of those voting in the referendum mentioned in Clause 4 vote to appr ove the final
Constitution as amended, that Constitution becomes the Constitution of the Federal Republic of
Somalia.

Title T w o: Miscellaneous P rovisions

Article 138. Coming Into E ffect of this Constitution

(1) This Constitution comes into effect on the first day after appr oval by a National Constituent
Assembly co nvened in te rms of the Roadmap A greement, the Gar owe 1 and Gar ow e II Principle s,
the Galk ayo and the Addis Ababa A greement s, the Presidential Decree and the rele vant Protocol s.

(2) The effect of pr ovisions and A rticl es related to the Upper House of the Federal Parliament
where ver cited in this Constitution, shall be postponed until su ch time when all Federal Member
States are fo rmed and their r epresentat ives s worn into office as members of the Upper House of
the Feder al Parliament. Pending the establishment of the Upper House of the Federal Parliament,
the House of the People shall perfo rm all duties and functions pr ovided for the Upper House in
this Constitution and function as a unicameral federal legislatur e, faithf ully taking into account
the founding principle of pow er sharing in a federal system as stipulated in A rticle 3 (3) of this
Constitution and the interests of Somalia ’s regions when taking its decision s.

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THE FEDERAL REPUBLIC OF SOMALIA

Article 1 39. Conti nuation of the L aws

All laws in force immediately before the effect ive date shall conti nue to be in force and shall be
const rued and applied with su ch alteration s, adaptation s, qualifications and e xceptions as m ay be
necessa ry to bring them into confo rmity with this Constitution until su ch time as su ch l aws are
amended or r epealed.
Article 140. Inte rnational Obligations

Until the treaty imposing a treaty obli gation in effect on the date that this Constitution comes into force
expires or is ame nded, that treaty obli gation remains in effect.
Article 141. Refe rendums

(1) W hether required by this Constitution, by l aw, or for another reason, in conducting a referendum,
including the referendum to validate this Pr ovisional Constitution, in conduc ting a referendum
the authority conducting that referendum shall ensure that all eligible voters h ave oppo rtunity to
express their views in a fre e, direct and secret manner and in accordance with a l aw that the Federal
Parliament shall enact establishing t he procedures for referendum s.

(2) The authority conducting a referendum shall ensure that:

(a) The referendum asks a question clearl y, in a manner designed to elicit the genuine view of the
voter and does not obscure the nature of the choice that the voter faces; and

(b) That neither a question, the design of the ballot paper nor the procedure su ggests a pa rticular
ans wer to the question.

Article 142. Existing Federal Member States in Somalia

(1) Until su ch time that all the Federal Member States of Somalia are established and the adopted
Federal Member State Constitutions are ha rmonized with the Somali Federal Constitution, the
Federal Member States existing prior to the pr ovisional adoption of this Pr ovisional Constitution
by a National Constituent Assembly shall retain and e xercise p ow ers end ow ed by their own State
Constitution.

(2) Existing Federal Member States must be consulted in the decision -making process re garding the
federal system, and security a rran gement s.
Article 143. Repeal of the Transitional Federal Cha rter

The Transitional Federal Cha rter ceases to exist upon the dissolution of the National Constituent
Assembl y.

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PROVISIONAL CONSTITUTION

SCHEDULES

SCHEDULE ONE (A) – THE SOMALI FLAG

SCHEDULE ONE (B) – THE SOMALI EMBLEM

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THE FEDERAL REPUBLIC OF SOMALIA

SCHEDULE ONE (C) – TRANSITION: P R OPOSED AMENDMENTS
T O THE CONSTITUTION IN THE FIRST TERM OF THE FEDERAL
PARLIAMENT

In terms of Article 133 and 134, th e Somali Federal Parliament shall propose and enact amendments to this
Pr ovisional Constitution, in confo rmity with a greements ne gotiated bet ween the Federal G overnment and the
Existing Federal Member States and new Federal Member State s, including but not limited to the foll owing:

(1) To A rticle 22, prescribing detailed methods of exercising the right of political pa rticipation;
(2) To A rticle 32, conce rning the right of access of info rmation;
(3) To A rticle 39, prescribing procedures for redress for viol ations of human rights;
(4) To A rticle 41, establishing a Human Rights Commission;
(5) To A rticle 43, conce rning dispositions of federal land;

(6) To A rticle 47, conce rning political pa rties and the electoral system;

(7) To A rticles 110 and 113, prescrib ing the obli gation s, dutie s, number of member s, and procedures
of Ind ependent Commissions;

(8) To A rticle 111 J, conce rning the Ombudsman;
(9) To A rticle 130, prohibiting pr ivate militias;
(10) To A rticle 130, regulating pr ivate security companies;
(11) To A rticles 131, conce rning states of emer genc y.

SCHEDULE ONE (D) – PRIORITY L A WS T O BE E N ACTED IN THE
FIRST TERM OF THE FEDERAL PARLIAMENT
The Drafting Commission shall prioritize drafting projects conce rning new l aws, in confo rmity with a greements
ne gotiated bet ween the Federal G overnment and the existing Federal Member States and new Federated State s,
including but not limited to the foll owing:

(1) A l aw in te rms of Article 8, prescribing h ow to obtain or lose citizenship in the Federal Republic o f
Somalia;

(2) A l aw in te rms of Article 9, prescribing the status of the capital city;

(3) A l aw in te rms of Article 30, conce rning the establishment of pr ivate s chool s, institutes and
un iversities;

(4) A l aw in te rms of Article 34, conce rning the righ t to free le gal aid to defendants in criminal cases;
(5) A l aw in te rms of Article 36, conce rning the extradition of accused persons and criminals;
(6) A l aw in te rms of Article 37, conce rning refu gees and asylum;

(7) A l aw in te rms of Article 39, prescr ibing procedures for redress for violations of human rights;

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PROVISIONAL CONSTITUTION

(8) A l aw in te rms of Article 45, conce rning the dumping of waste;

(9) A l aw in te rms of Article 49 conce rning the number and boundaries of Federal Member State s, and
the resolution of bounda ry disputes;

(10) A l aw in te rms of Article 51, prescribing rules conce rning collaborat ive relationships bet ween the
several le vels of government;

(11) A l aw in te rms of Article 68, prescribing rules of procedure for the H ouse of the People;

(12) A l aw in te rms of Article 70, defining the im munity of Members of the Somali Federal Parliament;

(13) A l aw in te rms of Article 75, prescribing rules of procedure for the Upper House of the Federal
Parliament;

(14) A l aw in te rms of Article 123, establishing the Central Bank of the Federal Republic of Somalia;
(15) A l aw in te rms of Article 130, conce rning the security forces;
(16) Laws in te rms of Article 130, establishing specialized bodies as necessa ry to deal with anti –
terro rism, anti -pirac y, human traffi cking and other or ganized crime;

(17) A l aw in te rms of Article 130, regulating the st ructure and functions of the federal police;

(18) A l aw in te rms of Article 130, regulating the relationships bet ween the federal police service and the
police se rvices of the Federal Member States;

(19) A l aw in te rms of Article 130, to clarify the issue of obedience to ille gal orders;

(20) A l aw in te rms of Article 130, conce rning the establishment and operation of the special
parliame nta ry committee for the a rmed forces;

(21) A l aw in te rms of Article 130, conce rning the i nvolvement of civilians in the oversight of the
federal police se rvice;

(22) A l aw in te rms of Article 141, conce rning the conduct of a referendum.

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