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- Year: 2001
- Country: Somalia - Puntland
- Language: English
- Document Type: Domestic Law or Regulation
TRANSITIONAL CONSTITUTION OF PUNTLAND
In the Name of Allah, the Merciful and gracious , w e the Puntland people, have the determination to
initiate a new era, in order to recover from the t ragedy consequent effect and the legacy left behind by the
We are struggling hard for the purpose of initiatio n and the establishment of a new procedure system
based on justice and democracy.
Having considered the principles of idea sharing, a nd the distribution of the benefits, based on justice, we
are willing to have a peaceful co-existence and co- operation with our Somali brothers in mutual respec t
and reciprocally understanding way. We believe that the Somali unity can be born by a peaceful
atmosphere and the expression of consensus of the S omali people.
We are working with the spirit of appealing to our Somali brothers to struggle for the restoration of the
disintegrated Somali Nation.
Taking into account these supreme wisdoms and the h istorical events, based on the Somali believes that
emanated from the Islamic Religion and constructive norms of the Somali customs, we successfully
achieved in 1998 to constitute the Regional Governm ent of Puntland, which is an integral part of Somali
Therefore, the House of Representatives of Puntland , in respect with the previous hard times and
implementing in accordance with the Transitional Ch arter in conformity with Article 28
th, had established
a Constitutional Commission for Puntland State, in the 3 rd session of the House of Representatives. After
a long debate and idea sharing, the Constitutional Commission has proposed the Puntland Constitution.
The House of Representatives, having considered the will of the people of Puntland, had discussed in a
careful manner at two sessions on the proposed cons titution, and finally the House has approved this
Constitution on 05/06/2001.
The new Constitution of Puntland is based on the fo llowing:
· Islamic Sharia
· The system of idea sharing and collective decision making
· The proportionality of Government Powers: Legislati ve, Executive and Judiciary
· Decentralization of the governmental power
· The multi-party system
· Ensuring the existence of private ownership and the free market
· Ensuring the individual fundamental rights and life , security and general stability
The New Constitution Comprises of:
1. 5 parts of which each of them has its Titles and Ar ticles
2. 11 Titles and 100 Articles consistently formulated
The House of Representatives is conveying to the pe ople of Puntland, to study this Constitution
comprehensively in order to approve it by their vot es in the future.
General Provisions Article 1.
Supremacy of the law
The law is above of all.
The name and the system of the Government
1. The official name of the Regional Government is Pun tland State of Somalia.
2. Puntland is an independent Regional Government of S omalia based on the system of idea sharing,
democracy and multi-party system.
3. The system of the government is decentralized, whil e the highest power is entrusted to the people
with the exception of Allah’s will, using the power directly in conformity with the Constitution
and the laws; and no party of the people, nor any i ndividual may claim sovereignty to assume the
right to exercise it.
4. Puntland is an independent integral part of Somalia and has the obligation to restore and maintain
the unity of Somalia on the basis of a Federal Syst em.
Territory, Borders and Its Inviolability and Sacred ness
1. The territorial sovereignty of Puntland shall exten d to: East Region of Bari, Nugal, Sool, South
Togdher (Buhodle District), Mudug except the Distri cts of Hobyo and Haradhere and Sanag
Region except the District of El-Afweyn and Northea st of Erigavo District.
2. The Puntland Regional State borders are those they had previously with the regions and districts of
Somali Republic before the Somali Civil War. The un ity of Puntland is sacred and inviolable; land
territory, territorial sea and the air space.
1. The people of Puntland Regional Government comprise s of all citizens and are indivisible
1. The citizens of Puntland State are attested from th e districts that they live in.
2. The citizen shall not lose citizenship eve n if they achieve other citizenship.
3. Three months after the Constitution enters into force, a special law of citizenship will be passed.
Article 6. Religion
Islam shall be the only religion of Puntland State of Somalia. No any other religion can be propagated in
Puntland State, while the Islamic Religion and the traditions of the people of Puntland are the bases of
The Capital City
The Capital City of Puntland is Garowe and the Head quarters of the Central Government. After the
enforcement of the Constitution, there shall be a s pecial law provided for the Capital City within thr ee
The Somali Language is the official language of the Regional Government of Puntland; other languages
could be used.
Emblem, Flag and the National Anthem
The Emblem, Flag and the National Anthem of the Reg ional Government of Puntland are those of the
Negotiations and Federalism
1. Puntland Regional State shall be part of a Somali F ederal State, and shall negotiate with any party
of the Somali factions who truly believe in the res toration and the membership of a Somali
Government based on the Federal System.
2. Puntland Regional Government shall hand over to the Somali Federal State the institutions
including immigration affairs, defense, foreign rel ation and co-operation, postal official stamp,
currency board and measurement units.
3. Besides the issues mentioned here, other required i ssues shall come through negotiations between
the Federal Government of Somalia and the Regional State of Puntland.
Foreign Relations and Co-operations
1. The Puntland Regional Government shall maintain the International Conventions that the Somali
Republic convened with the Foreign Governments, if such conventions are not contradictory to the
interests of Puntland.
2. The Puntland State of Somalia shall respect the agr eements (contracts) that the previous Somali
Governments concluded with the foreign companies, i f not contradictory to the Punland interests.
3. Puntland Regional Government recognizes and applies the UN Charter and the International Laws
and respects the International Appeals for human ri ghts, not contrasting the Islamic Sharia and
4. Puntland recognizes and applies the Charter of the Organization of African Unity, the Arab
League, and Inter Governmental Agency for Developme nt (IGAD) and the Organization of
5. Puntland recognizes the principles of self determin ation of the peoples of the world.
6. Puntland State supports the solutions of conflicts by means of peaceful manner and by negotiation.
7. Puntland State opposes and fights global terrorism.
Political Organization of Puntland State
1. Multiple party systems shall be applied in Puntland .
2. Only three political parties shall be legalized.
3. Political parties and associations that are secretl y organized in a military character or tribal
denominations shall be prohibited.
4. Any member of a party that wins a seat in a party c andidacy and resigns from the membership of
that party will automatically lose the seat.
5. The Government shall prepare a law decree regulatin g the political system and shall be approved
by the Houses of Representatives.
6. National property could not be used for political a ffairs.
7. Who ever are accused for using public property for political party shall be prosecuted before a
Conditions for Institutionalizing Political Parties
Any political party applying to be established shal l fulfill the following conditions:
a. Have a political program with national ambitions
b. Have a party constitution.
c. Have a capital fund capable of carrying out the im plementation of its programs, for an amount of
100 million So. Shillings to be deposited in the Ce ntral Bank.
1. The party that wins at least by 51% of the seats in the House of the Representatives shall form the
1. A National census of Puntland population shall be taken once for every ten years.
2. A special law shall be promulgated prior to the st arting of the census.
1. The proposed Electoral Commission shall be appointe d by the chairmanship of the House of
Representatives and the House of Representatives sh all approve it.
2. The Electoral Commission shall be nominated 3 month s before the elections, whose validity
period shall be for 3 months after the proclamation of the electoral results.
3. The Electoral Commission shall abide by the Elector al Law only.
4. After the approval of the Electoral Commission Memb ers, they shall neither be dismissed nor
5. The Electoral Commission shall submit the report of the electoral result to the President of the
House of Representatives, Presidency and the Suprem e Court.
6. Nomination of the Chairman of the Electoral Commiss ion shall be proposed by the President of
the House and approved by the House of Representati ves.
7. The Electoral Commission shall be composed of not l ess than 15 commissioners.
8. The powers and responsibilities of the Electoral Co mmission shall be regulated by a legislative
law issued and approved by the House of Representat ives.
General Principles and Social Affairs Article 17
Protection of Family
1. The family is the fundamental element of the soc iety originated from the marriage between a male an d
a female and shall be protected by the Constitution of the State.
1. This Constitution ensures the women’s rights of ind ependence, socio-economic and political rights
that is not forbidden in the Islamic Sharia.
2. The Puntland State shall protect the women’s right s in this Article.
3. If the life of the pregnant woman is endangered, th e abortion shall be carried out, after obtaining
of a specialized prescription.
1. Children are defined as any child under the maturit y age of 15 years.
2. The child has the right to life, name, citizenship, upbringing up, care and education.
3. Labor of any kind that can endanger, hurt the life, behavior, rising up, and care and the education
of children shall be prohibited.
4. The abortion shall be prohibited unless the conditi ons mentioned in Article 18 exist.
Orphans, Handicapped and Mentally Affected
1. The State shall guarantee and promote the protectio n of the orphans, handicapped, mentally
affected and abandoned children and any citizen who is incapable of self-care taking.
2. The Puntland State shall promote social security an d assistance institutions by law.
Article 21 Health
1. Puntland State shall promote the public health care of the mother and child, prevention of the
contagious diseases and encourage public health san itations.
2. The State shall protect the health and promote the health institutions.
3. The State shall promote and encourage private insti tutions for health as regulated by the law.
1. The State shall encourage and improve scientific kn owledge and education, as being fundamental
interest of the community
2. Illiteracy of the mother language is the major enem y of the people, so that the Puntland State has
the responsibility to fight against it.
3. The basic education is considered as the Quranic Sc hools, elementary schools, intermediate and
secondary schools, sports and physical education, a dult education and domestic education for
women. while the Government shall take the obligati on to implement a uniformed public
4. Every citizen has the right to get educational oppo rtunity.
5. The adult citizen has the right of choice to educat ional professions.
6. Organizations and individuals shall have the right to establish private professional schools and
institutions of higher educations within the limits prescribed by the law.
7. Institutions of culture and higher education shall be established by the State.
8. The private education shall be regulated by law.
Fundamental Rights and Duties of Men
1. All citizens of Puntland State are equal before the law
2. No one can be discriminated by color, religion, cit izenship, origin, financial status, opinion,
political attitude, language and ethnics.
3. The constitution safeguards the rights of the minor ity groups.
Freedom of Faith
1. No one can be forced to a faith; different from his /her believes.
2. The Muslim person does not have the right to conver t from the Islamic faith.
Freedom of Opinion
1. Every person shall have the right to display free e xpression of his/her opinion.
2. The person can freely express his/her opinion in or al, press, writing, media, audio-visual, literature
and other methods according to the law without any interference.
Right to Vote
1. Every citizen who possesses the qualifications requ ired by law shall have the right to vote, and
shall be equally illegible for candidacy.
2. The vote shall be personal, equal, free and secret.
Right to Petition
1. Every citizen shall have the right to address a wri tten petition to the President of Puntland State,
House of Representatives and the Government.
2. The Government shall reply to any petition in confo rmity with the law within 90 days.
Right of Association
1. Every illegible citizen for the vote shall have the right to associate in political parties, for the
purpose of taking part or establishing socio-econom ic, social, scientific, and cultural associations.
2. The political parties and associations that are con trary to the national interest and fail to abide by
the law are forbidden.
3. The conventions committed by members in the name of their juridical association shall have a
common responsibility of their acts before the law.
Right of Residence
1. Every citizen shall have the right to reside any pa rt of the territory of the State and shall not be
subjected to deportation.
2. Locations and times that are restricted to access s hall be regulated by law.
Right of Ownership
1. Every citizen shall have the right to have his/her own property, within the framework of the law.
2. Any unlawful act of producing is prohibited.
3. No personal commission or property levy may be impo sed not in compliance with the law.
The Right to Life and Physical Safety
1. Every citizen shall have the right to life and can be deprived off with the exception of Allah’s will,
only when convicted of a punishable crime and sente nced to death by a competent court.
2. Every person shall have the right of securing his b ody and personal dignity.
3. The commitment of crimes against the rights of huma n being such as killing without trial is
Right to Personal Freedom
1. No person shall be deprived off his/her freedom, is not liable to personal search, any form of
restriction not incompliance with the law.
2. Subjection to any form of slavery trading is prohib ited by law.
3. All forms of personal liberty shall be in conformit y with the Islamic Sharia, Law, moral dignity,
national stability or the personal rights of the ot hers.
4. The Constitution ensures the rights and liberty of every person.
Extradition and Political Asylums
1. Any alien immigrated to or resident in the territor y of Puntland State that has requested a political
asylum in conformity with the State Laws shall have the right to be granted a political asylum,
under the conditions prescribed by law subject to a ll cases of the rules and conditions of the
International Conventions thereof.
2. Extradition of a citizen of Puntland State to forei gn States is prohibited
3. Any alien fugitive criminal or convicted shall be d eported by Puntland State to the State where the
offence was committed, according to the bilateral e xtradition treaties.
Right to Residence
1. Every person shall have the right to the inviolabil ity of his/her domicile. Inspection, search,
spying, seizure or intrusion in the domicile or an y other residence places are prohibited with the
exception of a written motivated warrant from a jud ge or other provisions provided by law .
2. The inspecting authority of the case shall give and read a written order from a judge to the owner
of the domicile. It is not allowed to abuse the ord er of the judge
Freedom of Press
1. The media and the information agencies have the rig ht of freedom to their institutional duties,
without any interference and hindrance to their obj ectives.
2. A special law shall be promulgated for regulation o f media and information agencies.
Freedom of Correspondence
1. Every person shall have the right to the secrecy of postal services, personal communications, press
and personal written materials, with the exception of the cases permitted by law of inspections,
tracing and monitoring subject to a motivated order by a judge.
Right to Strike and Gathering
1. The right to strike and reunion is recognized and m ay be exercised within the limits proscribed by
law, in regard with a prior authorization of concer ned authorities.
2. Reunions and manifestation shall be called off when they are against the principle of Islam, the
public health, national security and stability, mor al dignity and the public system.
Duties of Citizens
1. Every citizen obligated to strengthen the unity and safeguarding the sustainability of Puntland
2. Every citizen shall safeguard Islamic Religion, the Puntland Constitution, the State Laws and the
3. Every citizen shall participate in the National Def ense of Puntland State, whenever the
State recalls to the duty of army services.
4. A law shall establish the punishment that arises fr om non compliance with duties mentioned in the
1, 2 and 3 of this Article.
Right to Institute Legal Proceedings
1. Every person shall have the right to institute lega l proceedings, under conditions of full equality
before lawfully constituted courts.
2. No person shall be convicted or arrested for an ac t which was not punishable as an offence under
the law enforce at the time it was committed.
3. No person shall be subjected to a punishment unless ordered by a competent court of law.
4. No crime and penalty shall be imposed upon any pers on unless provided by a legally constituted
Court, penal liability shall be personal.
Rights of Defendants
1. The accused is presumed innocent until the convic tion becomes final
2. A defendant cannot be held in unlawful place and sh all be taken before the judge within 48 hrs.
3. The competent court shall read to the defendant the crime that he/she is accused for.
4. The defendant shall have the right to be visited by his relatives, lawyer, physician and friends and
shall have the right to be released on a bail if th e law provides so.
5. The defendant shall have the right to have a defens e lawyer, the Government shall provide a legal
aid, if the defendant is unable to hire one; the me ntally unfit people will apply the same.
6. The defendant shall not be forced to the confession of the offence of the accusation.
7. The defendant shall have the right to defend his/he r self before the Court.
The Right of the Convicted Person
1. The convicted imprisoned person shall have the righ t of custodial care, security and humanitarian
2. The convicted shall have the right of the visits of : family, lawyer, doctor and friends.
3. The convicted in prison shall have the right of hea lth care, food and education.
4. The convicted in prison shall have the internationa lly recognized rights of the prisoners.
5. The convicted shall have the right of appeal from t he sentence of his/her conviction to the higher
The Structure and the Organization of the State
1. The three powers of Puntland Regional State consist of:
a) House of Representatives
b) Judiciary Council
c) The Executive Council
2. No one shall have the right to be a member more tha n one of the three powers.
1 st Section
1. The legislative power is vested in the House of Rep resentatives.
2. The House of Representatives shall consist of 66 de puties elected by the people.
3. Each legislative shall be elected for a period of 4 years starting from the proclamation of the
4. The new elected House shall meet for the fist time within thirty days after the proclamation of the
Illegibility Criteria for Membership of the House o f Representatives
1. Any accountable citizen of Puntland, mentally sound , attained 30 years of age shall be illegible for
the membership of the House of Reprehensive.
2. Should have not been formerly convicted a high trea son offence.
3. Has the qualification of at least secondary school or equivalent certificate.
4. The Supreme Court has the legal power of disqualify ing the candidates that fail to satisfy the
prescribed conditions for membership.
Disqualification Conditions of the Membership of th e House of Representatives
1. A member of the House shall be disqualified if that person:
b. Submitted his own resignation accepted by the Hous e
c. Has been convicted in an interdict-table offence by a court.
2. If vacancy arises, the relevant candidate in the former election that was illegible for the seat shall
succeed the dismissed member.
Functions of the House of Representatives
1. The House shall elect among its members the House P resident, First and the Second Vices of the
2. The House shall appoint a committee for the impleme ntation of its duties in the interval period of
the two annual sessions.
3. The House shall have a non member permanent secreta ry appointed by the Presidency of House.
4. The House shall have technical consultants under th e office of the Presidency of the House.
5. The House shall have internal regulations.
6. The House of Representatives shall have the power o f convening debates, contributing suggestions
to the general policy of the Government.
7. The House shall discuss on all funds that are not i ncluded in the budget approved before its
8. The House shall discuss on every draft law Article by Article. If the Constitution fails short of
passing restricting regulations, a simple majority shall be applied for the approval and rejection of
9. Any law approved by the House of Representatives sh all be promulgated by the President of
Puntland within 30days and shall be published in th e Official Bulletin of the Government
becoming into force not less than 15 days.
10. All decisions shall be approved by a vote of simple majority of those present members, except
when a special majority is required by the constitu tion or by law.
11. Every draft law concerning State Property shall be validated by the House of Representatives.
12. In case of death, resignation, dismissal of the Pre sident of the State and his Vice, the functions of
the Office of the Presidency shall be temporarily e xercised by the President of the House of
Representatives, and the House shall meet within 15 days to elect a new President and a Vice
The Powers Vested in the House of Representatives
1. Approval or rejection of proposals of the Governmen t concerning of creation of new Districts and
2. A review on approval, amendment and rejection of t he laws proposed by the Government.
3. Approval, rejection and variations of the budget pr oposed by the Government.
4. Provisional application of the budget may be author ized by law for a period not exceeding 30
5. The vote of confidence for ministers shall be fulfi lled in one by one procedure by the majority
vote of 2/3 of the members of the House of Represen tatives.
6. Approval/disapproval of an efficient program propos ed by the Government.
7. Approval/disapproval of the Government proposed pro ject concerning a Somali Federal State
8. Approval/disapproval or amendment of the Internatio nal treaties.
9. Approval/disapproval of Government strategic plans concerning decentralization of administrative
10. Approval/disapproval of emergency laws proposed by the Government within 30 days, due to
natural calamities, war and internal uprising aimed to destabilize Puntland State.
11. If the emergency law is rejected, the emergency law shall seize its effect as a law, however, the
acts consumed in due time, shall be ratified by the House of Representatives.
12. Election of the President and his Vice by secret b allot, with a majority of 2/3 of its members on
the first and the second ballots, or by a simple ma jority of its members in the subsequent ballots.
13. A draft law rejected shall not be represented to th e House until the coming session.
14. Ratification of impeachment or warrant of arrest ag ainst the President of the Supreme Court and
Attorney General of one or both in serious flagrant delicto.
15. The refusal of the President shall be kept aside by the rejection of the House of Representatives
and approves its original forum by a resolution sup ported by votes of 2/3 of all members of the
House in which the President will assent to the law within 30 days from the date of refusal.
16. Assuring and controlling the implementation of laws approved by the House.
17. The House shall deprive off the immunity from every responsible official if the public prosecutor
produce convincing evidence that he/she committed a crime except the cases mentioned in the
Articles 45, 49 of the Constitution.
18. The power of authorization of printing the official currency.
19. No taxes shall be imposed unless the Houses approve s by law.
20. The House shall elect the President and his vice tw o months before the composition of the
Sessions of House
1. The House shall hold two annual sessions commencing , respectively, in the months of June and
2. Extra ordinary session of the House of Representati ves may be convened by its President of the
House, or by the request of the President of Puntl and State or by 1/4 of the members of the
House and all shall be regulated by a in a written request.
3. The members of Council of Ministers and the high ra nking officers of the Government shall have
the right to attend the meetings of the House in or der to put upon questions or interpellations
about their responsibilities.
4. The emergency state shall approved by the House of Representatives within 30 days. And confer
the Government the necessary powers.
5. Every session of the House shall commence with the majority of 2/3 of the members.
Immunity of the House of the Representatives
1. The Representatives of the House shall have immunit y.
2. The legal definition of immunity is that no members of the House subjected to personal research,
of his body and residence, nor arrested, unless he/ she is caught in serious crime.
3. The immunity shall be deprived off in the cases of :
a. When the immune person commits a serious crime.
b. When the member loses the responsibility by which t he member gained the immunity.
4. Suits other than criminal charges could be r aised against the immune person, without the
authorization of the House of Representatives and h e/she can delegate a lawyer before the court.
Dissolution of the House
1. The Hose of Representatives may be dissolved accord ing to the paragraphs 2, 3 and 4.of Article
2. When the majority of its members resign from the me mbership.
3. Whenever the House could not hold two consecutive s essions without any justifiable reasons.
4. When it is proved that the House has intentionally violated the Constitution.
5. When the cases mentioned in the paragraphs 2,3 and 4 of this Article are proved as committed,
the President of Puntland shall transmit a written statement to the Constitutional Court in which he
shall request the investigation of the concerned th e offences mentioned in the paragraphs 2,3 and 4
of this Article;
6. When the Constitutional Court proves that the cases the commitment of the offences mentioned in
the paragraphs 2, 3 and 4 of this Article are commi tted, the Court shall convey its procedural
findings to the President.
7. When the President receives the legal declaration o f the Constitutional Court, He shall promulgate
a decree of law about the dissolution of the House of Representatives, by the same decree
dissolving by the House, the President shall fix th e date of the new elections, which shall take
place within 45 days of the dissolution.
8. The out going House of Representatives shall retain its ordinary powers without resuming any
new plans until the proclamation of new House.
Non Confidence of the Ministers
1. The House of Representatives shall have the right t o withdraw its confidence from the ministers
individually or collectively
2. The motion of no -confidence may be proposed at any time by at least 6 members of the House.
3. The debate of the motion of no confidence shall be proposed by at least 1/3 of the members of the
4. The House shall pass a motion of no-confidence by a majority vote of at least 2/3 of the members
of the House of Representatives.
5. Upon a vote of no-confidence by the House of Repres entatives, the members of the Government
shall resign. The resigning Government shall contin ue in office for the purpose of carrying out the
routine duties until the appointment of a new gover nment.
6. The period of the nomination of new ministers is th at mentioned in Article 54.2.
Executive Council Article 52.
Organization of the Government
1. The system of Puntland Governance is Parliamentary system; the executive power shall
be vested in the Government.
2. The executive power initiates and implements the Co nstitutional system.
3. Safeguards security and stability of Puntland State .
4. Puntland Central Government comprises of:
a) Punland Central Government
b) Regional and District Administrations.
5. Powers and inter-relations of the Central Governmen t and Regional Administrations
shall be regulated by special law.
6. The Government sets up and implements the political , economical strategy and the
national plan of development.
7. Sets up and implements, foreseeing finance and curr ency issues, foreign investments.
8. Prepares the annual budget of the Government.
9. The high officials and commanders of the military f orces shall be appointed on the
proposal of the concerning authority approved by th e Council of Ministers in
accordance with qualifications and their past exper iences.
10. The Director Generals shall have the implementation responsibility of the
managements of the ministries and institutions in c ompliance with the Government
The President and the Vice President
1. The Conditions to undergo for the election of th e President and the Vice President
Are as follows:
2. The candidacy for President and his Vice should have the qualifications of administrative
knowledge, leadership experience, high education, s hould not be married to, nor shall be
married to any woman who is not a Somali citizen du ring the office term.,
3. Should not have committed a high treason offen ce, crimes against the humanitarian rights
and should have a good reputation among the people.
4. The illegibility for the candidacy of the Offic e of President and Vice President may come
from the members of the House of Representatives or from the common people of
Powers and Duties of the President
1. The President shall be the head of the Puntland Sta te and represents the unity of the Nation.
2. Head of the State and Chairman of the Executive Cou ncil. The President and his Vice
President of Puntland State shall form the Governme nt Members within 21 days.
3. The president shall have the powers of nomination a nd dismissal of the members of the
Council of Ministers after having heard the Vice Pr esident.
4. Ratification of international treats.
5. Shall have the power of signing the conventions of the Federal Somali Government.
6. The President is the Commander In Chief of the Arme d Forces.
7. Shall have the power to grant amnesty and burden an d commuting sentences after having
8. Accredit and receive diplomatic agents.
9. Shall have the right to travel abroad for the purpo se of Puntland interest.
10. The President shall be responsible for safeguarding the Constitution, Islamic Religion, Good
Traditions and State laws.
11. Has the power to address messages to the House of R epresentatives and to declare sessions
12. Has the power to declare state of war after, having consulted with his Council of Ministers
and simultaneously informed the House of Representa tives, see 47.10.
13. The President and his Office have the power to conf er State Honors and rewards in the
name and the prestige of Puntland State.
14. Promulgates the draft legislations approved by the House of Representatives.
15. The President shall have the power of rejection of those legislative lows presented by the
House. The President should clarify the reason of h is rejection (see 47.15).
16. The office term of the President and his Vice shall be 4 years from the date of taking oath
and can be elected for two terms only.
17. The presents of national value rewarded to the high State officials and their wives shall be
considered as national property.
18. Decide the fixed date of election.
19. Regulate a law for duty implementation.
20. The President shall not be abroad the country more than 60 days.
The Powers and Responsibilities of the Vice Preside nt
1. The Vice President shall resume all the President r esponsibilities in his absence to abroad or
being temporarily incapacitated to exercise his fun ctions.
2. Advising the President on the appointment and dismi ssal of the Ministers.
3. Implementation of duties delegated by the President .
4. In the cases of death of the President, dismissal f rom the office or the resignation from the
office of the President, the Vice President shall a utomatically assume the office of the
President for the remaining period of the term.
5. In the cases mentioned in the 4
th paragraph of this Article, the House of Representa tives shall
elect a Vice President. .Article 56
Dismissal of the President and His Vice
1. The President and the Vice President can be dismi ssed from the Office when the
House of Representatives approves by 2/3 majority v ote of the members, in the manner
of equality, direct and secret on the accusation of high treason, failure of responsibility,
Constitutional abuse and other serious crimes, whic h the Attorney General brought
before the law.
2. When the House of Representatives approve by 2/3 ma jority vote of the members, the
President and his Vice may be impeached.
Organization of the Government
1. The Government shall be composed of the President a nd Vice of Puntland State and
maximum of 9 Ministers and 9 Vice Ministers.
2. Any citizen possessing the qualifications required as a member of the House and in
addition to the above conditions, the nominee for t he office of the minister shall hold a
University Diploma and 5 years of administrative sk ills.
3. The President, the Vice President, the Ministers, the Vice Ministers and the high
ranking officials of the Government shall not have the right to exercise any private
business during the office term.
4. The personal properties of the President, Vice Pres ident, Ministers, and the high
ranking officials shall be registered by Magistrate of Accounts during their nomination
for the office responsibilities and after their dis missal.
5. The structure of the Government sections shall be regulated by internal regulation of
job descriptions. .
6. As stated in Article 47.20, the Government shall pr epare the hand over of its
responsibility two months before the office Term.
Duties of Ministers and Auxiliary Organs
1. The Government shall be composed of 9 Ministers and the Ministry of Justice is
hereafter called the Ministry of Religion and Welfa re.
2. The President, having consulted with the Vice Presi dent shall establish special agencies
with specified duties.
3. There shall be a special law regulating their dutie s before their establishment.
4. All the Governmental Agencies shall fulfill their d uties in conformity with the
5. The responsibilities of the Council of Ministers ar e both individual and collective.
6. Personal armies are subject to licensing except pub lic officers.
7. The quality rising of the Puntland Security Forces to National Armed Forces.
8. Planning for the resettlement of the refugees and d isplaced persons.
9. Rehabilitations of the war affected people.
10. Preparation of the economical plans through scienti fic studies and researches.
11. Developing the social affairs.
12. Safeguarding and registration of Governmental prope rties.
Duties of Ministers
1. The Minister is the highest responsible of the Mini stry.
2. The Minister shall direct the general policy of the Government.
3. The Minister proposes promotions, rewards, and dism issal within, the Ministry after
consulting with the Vice Minister.
Duties of the Vice Minister
1. Assumes all the functions of the Minister in his ab sence temporarily.
2. Advising the Minister in running the Ministry dutie s.
3. Implementing the affairs delegated by the Minister.
State Autonomous Agencies
1. The State Autonomous Agencies shall be composed of: a) Magisterial accounts b) The
Puntland Central Bank.
2. The nomination of chair persons of the autonomous a gencies shall be appointed by the
House of Representatives on the proposal of the Gov ernment.
3. The law shall regulate the Autonomous Agencies, rep orting their findings to
Government and disseminating c.c. to House of Repre sentatives.
4. The central shall have a board of directors of 7 me mbers consisting of
b. Director General of Ministry of Finance
c. Director General of Ministry of Public Works
d. Director General of Ministry of Commerce
e. Director General of Ministry of Labor & Workers
f. Three members from the Chamber of Commerce and non voting permanent
secretary who shall assume as Office Director Gener al of the Central Bank
5. The Government shall propose the act regulating the duties and responsibilities
subjected to the approval of the House of Represent atives.
Article 62 .
1. The Constitution consents the establishment of th e joint venture companies.
2. The executive board of Directors of the State Agen cies shall be proposed by the
commencing minister and approved by the Council of the Government.
3. The Joint/Venture Institution Executive Board shall be appointed by the concerned
Minister and Stakeholders.
Immunity to Executive Council and the Autonomous Ag encies
1. Immunity shall be to:
a) Executive Board
b) Chair-Persons of the Autonomous Agencies
2. Non criminal accusations may be raised against a me mber of the Council of
Ministers, Autonomous Chair-Persons and Presidents of Central Bank and Magistrate
Independence of the Judiciary
1. The Judiciary shall be independent from both the Ex ecutive and the Legislative Powers.
2. The Judiciary is independent to perform its duties in accordance with the law.
3. The Judiciary shall be composed of:
a) Ordinary Courts
b) The Office of Attorney General
Supreme Judicial Council
1. The Supreme Judicial is the highest of all organs o f the Judicial System.
2. The Supreme judicial Council shall be established a nd regulated by a special law on the
proposal of the Government approved by the House of Representatives.
3. The Supreme judicial Council shall be composed of:
a) The Chairman of the Supreme Court.
b) The Attorney General
c) Three judges selected by Supreme Court (judicial me mber)
d) Two lawyers selected by the community.
4. The Government shall select the three judges and tw o lawyers and House approves.
5. The Supreme Judicial shall have the power of: nomin ation, transfer, promotion and dismissal
of judges and the judicial staff (personnel).
6. The conditions and regulations governing to employ the judges and judiciary staff shall be
regulated by law.
7. The Supreme Judicial Council shall be regulated by a law on the proposal of the Government
subjected to the approval of the House of Represent atives.
8. The members of the Supreme Judicial Council shall n ot resign from Office simultaneously.
The Ordinary Court
The Ordinary Court shall consist of:
a) Supreme Court
b) The Court of Appeal
c) The Court of First Instance
1. The Supreme shall be the highest court in the Puntl and Regional Government.
2. The Supreme Court shall have the powers to determin e the cases:
3. Hearing appeals from the Court of Appeals. The admi nistrative suits against the
Government are exclusive competence of the Supreme.
4. The seat of the Supreme Court is the Capital City o f Puntland State and shall have the right
to hear all proceedings over the territory.
5. The number of the judges of the Supreme shall be fi ve: the President, Vice President and
6. The Government should propose nomination and dismis sal of the President of the Supreme
Court subject to the approval of the House.
7. The appointment of the judges of the Supreme shall appear in the judicial law.
8. The judges of the Supreme shall not resign from the ir duties simultaneously.
First Instance Court
1. The first Instance Court shall have the jurisdictio n over juridical proceedings of: Civil
Criminal proceedings and the Family Proceedings exc ept the Administrative suits that are
reserved exclusively to Supreme Court.
2. The number of the judges and Qadis of First Instanc e Court shall be ruled in and juridical
in a law.
Court of Appeal
1. The seats of the Courts of Appeal shall be in the C apital City of the Regions of Puntland.
2. The power of the Court of Appeal is entitled to car ry on proceedings of appeals from
sentences of the First Instance Court.
3. The Appeal has the jurisdiction over its Regional s eat.
4. The member of the judges of the Appeal shall be at least three.
5. The selection of the judges in Courts of Appeal Cou rts shall be bases on the requirement of
having degrees from a faculty of law or an equivale nt knowledge and experience in the
1. The seat of the Attorney General shall be in the Ca pital City of Puntland State.
2. The duty of the Attorney General shall be to safegu ard the implementation of the laws of
3. The Attorney General shall be appointed by the prop osal of the Government and approved
by the House of Representatives.
4. The Office of the Attorney General shall be compose d of:
a) The Attorney General
b) Deputies of the Attorney General shall be assigned as one for each Region.
The Powers and Responsibilities of the Attorney Gen eral
1. The Attorney General has the power to impeach the h igh ranking officers of the
Government before the Courts.
2. The responsibilities of the Attorney General are:
a) Safeguarding and securing the laws and preventing f rom the immorality of the
b) Investigations and institutions of criminal proceed ings against the criminals before the
c) Supervising the prisons and the rehabilitation cent ers.
d) Safeguarding and advocating to the rights of the or phans, disabled persons and whoever
needs the protection of the law.
1st Section Article 72
1. The judges will not take any incompatible jobs with their juridical duties.
2. The judges shall perform their duties in which they shall exercise without interference.
3. The judiciary proceedings shall be public, with the exception of the cases where moral
sensitivity, health conditions or public orders are concerned.
4. No judicial decision shall be taken unless all the concerned parties have been heard and
given opportunities to defend their case, unless th e law allows it.
5. All sentences and decisions shall be motivated, cla rified and subjected to appeals when the
law allows doing so.
6. The Court should inform the convicted person a conc ise statement of the legal grounds on
which the judgment is based.
Responsibilities of the Judiciary
1. Responsibilities, powers and actions of the Judicia ry shall be regulated by the Constitution
and the other State Laws.
2. There shall be instituted branches of first Instanc e penal, civil, administrative and family
3. A martial Court shall be established only in the wa r time.
4. In the peace time, the military court shall only ca rry out military proceedings.
The Constitutional Court
1. The Constitutional Court shall be instituted simult aneously with the Government of
Puntland, and continuous its jurisdiction 6 months after the Government collapsed.
2. The seat of the Constitutional Court shall be in th e Capital City of Puntland.
3. The members of he Constitutional Court shall consis t of 11 judges selected as follows:
a) The five members of the Supreme Court.
b) Six members selected from the civil society.
4. The Constitutional Court shall be independent from the Executive, Legislative and
5. The Court shall abide only to the law.
6. The sectary of the court shall be only the Presiden t of the Supreme Court.
7. For whatever reason it may be due to, if the there is a vacant post in the Constitutional
Court, it should be assumed within 45 days.
8. A special legislative law issued by the Houses of R epresentatives shall regulate the powers
and the administration of the Constitutional Court. The law shall be passed in the first
session of the House.
9. The Government shall propose the selection 3 of mem bers of the House, while the House
of Representatives shall propose the other 3 member s.
10. The members of the Constitutional Court shall not r esign simultaneously.
11. The President of the Supreme Court shall be the Cha ir-Person of the Constitutional Court.
The Powers and Duties of Constitutional Court
1. The functions of Constitutional Court are to decide only the constitutionality of the laws
and acts thereof.
2. The law conflicts between Islamic Sharia and Secula r Laws concerning the impeachments
against the President, the Vice President, Minister s, Members of House of Representatives
and high ranking Government Officers, shall be dete rmined by the Constitutional Court.
3. The Constitutional Court shall have jurisdiction ov er the misunderstanding aroused from
the Constitution and Constitutional laws specially:
a) The interpretations of the Constitution (explanatio n and clarification of the Constitution
and other laws).
b) Harmonization of Secular Laws and Islamic Sharia La ws.
4. The Constitutional Court shall also hear the other cases from:
a) 1/3 of the House of Representatives shall forward a petition, in which they shall express
that an Article or a decision has been violated by one of the State Councils.
b) When one person or more of Puntland population rais e a case of violation against their
fundamental human rights given by the Constitution, which has been heard by a court
and convinced as a case related to the Constitution .
c) When a part or a branch of Puntland State demands t o take a decision over the power
disputes among the Government Institutions.
5. The Constitutional decisions are:
a) To be confirmed by one vote majority of its members .
b) Not in secret ballot.
c) To be registered
d) To be disseminated to the Office of the President o f Puntland and the House of the
e) To be published in the Official Bulletin of Puntlan d State
f) They shall have the juridical powers based on the l aws and Constitution of Puntland.
Criteria for Selection of Constitutional Court Judg es
1. The Constitutional Court Judge shall have the same qualifications required for the House
2. Should have a recognized law faculty degree or equi valent Islamic Sharia certificate.
3. Should have at least 10 years of experience.
4. The six members of the Constitutional Court selecte d from the civil society shall have the
same status as those of the judges of the Supreme C ourt
Disqualifications of the Membership of the Constitu tional Court
Losing the membership of the Constitutional Court, is specified in Article 45.1
Immunity of the Judiciary Council
1. The Judiciary Council shall have the right of immun ity.
2. Members of the Judiciary Council shall not be subje cted to personal search, search of
either their homes or cars, without authorization f rom their Judiciary Council or without
being caught in an act of serious crime.
3. Non Criminal proceedings may be instituted against a judge without the authorization of
the Judiciary Council.
1. The Court recognizes and assures the existence and the responsibilities of the Traditional
Leaders of the society (Isimo).
2. In case of arguments and misunderstandings arised a mong clans with no any other
alternative or solutions within the Constitution an d Constitutional Laws, the Traditional
Leaders shall be referred to, in order to give thei r suggestions and take decisions on the
3. In order to safeguard the dignity and neutrality of the Traditional Leaders, their
involvement in political and religious organization s is forbidden.
Resolution, Mediation and Recognition of Customary Law
1. The Constitution recognizes the decisions of reconc iliation, mediation and the commonly
used traditional suggestions that they conduct in t he clan community. The decisions on the
basis of the Customary Laws taken by the Council of traditional elders are equivalent to
the judgments of the First Instance Courts.
2. Judgments of reconciliations and mediations shall n ot be contrary to the Constitution and
the Laws of Puntland.
Regional and District Administration Article 81.
Decentralization of Regional and District Administr ation
1. Puntland exercises the principles of decentralizati on (from bottom to top)
2. The Government shall reform and regulate the admini stration of Regions and districts of
3. The Government shall propose a legislative decree o f law for regulation and reform that
will be approved by the House.
4. The Government shall appoint a Regional Governor.
Powers and Functions of the Governor .
1. The powers and functions of the Governor shall be r egulated in a special law before the
appointment of the Governors.
2. The Governor is the highest authority of the Region and chairs the meetings of the
development and security committees.
3. The Governor shall have the supervision over the en tire Government activities in Region.
4. The Governor chairs the meetings of the Districts C ommittees once for every six months.
5. The Governor coordinates the Central Government and the Region
The District Administration System
1. The District Administration of Puntland shall be ba sed on autonomous system with the
participation of the community groups.
2. The community groups shall elect a Law Making Counc il.
3. The District Council shall elect a Chair-person and Deputy selected by the Law Making
4. The duties of the Council shall be regulated by a l aw prior to their selection.
5. The number of the Council Members shall be determin ed in respect to the density and the
wealth of the community.
6. The district shall have a mayor elected from the me mbers of the Council.
7. After having consulted with the elders, the Mayor s hall propose the Administration
Committees of the Villages, which the District Coun cil shall approve.
8. The district mayor shall compose the district admin istrative body and the Council shall
9. The District Councils should be capable of planning their economy, social affairs and the
10. The duration of terms of the different councils sha ll be 4 years.
Conditions for the Election of Law Making Council
The conditions for elections of District Law Making Council for the districts shall be regulated by the
Powers and Functions of District Law Making Council
1. A law for the regulation of the District Council sh all be established on the proposal of the
Government approved by the House of the Representat ives
2. The Council of Districts shall have the responsibil ity of implementing the planes in the
fields of social services, education, intermediate and elementary school, livestock,
agriculture, security, water, electricity, communic ation, health care, water, environmental
safeguard and development according to their resour ces.
3. A law on the proposal of the Government and approve d by the House, shall regulate the
confinement of territorial powers between the Centr al Government and the Districts.
Powers of the District Commissioner
1. The District Commissioner is the highest authority in the District and chairs the District
meetings of the development and security committees .
3. The District Commissioner shall have the power of s urveillance and inspections over the
Government Offices in the District.
4. The District Commissioner chairs the meetings of th e District and the villages.
5. The District Commissioners are the linkage between the Regions and Districts.
6. He/she may be elected either by the Law Making Coun cil of the District Council or by the
Loosing the Membership of the District Law Making C ouncil
Losing the membership of the District Law Making Co uncil shall be in accordance with Article 45. Of the
Dissolution of District Law Making Council
The District Law Making Council shall be dissolved in accordance with the provisions of Article 49. Of
Various Articles Article 89.
1. The act of sale of the State properties is forbidde n unless the Government is part of it.
2. The Government has no right of selling State proper ty more than US $ 100,000 (hundred
thousand USA Dollars), unless the House of Represen tatives authorizes.
Confiscation of Private Property
1. The private ownership achieved in accordance with t he law, shall not be subject to
confiscation except for public interest for which t he Government shall pay an equal
compensation to the owner.
2. A law shall regulate the confiscation of the privat e ownership.
Conduct and Moral Principles
The Government shall protect the good conduct and t he moral principles of the society.
1. The Government shall promote a job creation for the people and recruit the labors with the
2. The act of forced labor is forbidden, unless other special regulations of law are provided
and shall specify by special law…
3. Every worker shall have the right to a remuneration equivalent to his/her work.
4. Every worker shall have the right to get one day of f rest in the week, yearly leave and other
Holidays provided by law without diminishing his/he r rights.
5. The Government should take care of the physical and moral fitness of the workers.
6. The workers shall have the right to manifest for th eir rights in peaceful demonstrations and
strikes, except the Armed Forces in compliance with the law.
7. Every citizen shall have the right to opt the profe ssion he/she prefers.
1. The Constitution guarantees retirement pension to t he workers either in the civil servant or
in the military personnel.
2. Every civil servant affected by accident, sickness and disablement, has the right to a care
according to the law.
The Armed Forces
1. The Puntland Army Forces consist of:
b) Darawish Police Force
c) Custodial Corps
The Socio-economical System of the Free Market
1. Puntland Regional Government shall exercise the soc io-economic free market,
encouraging and guaranteeing both national and fore ign investments.
2. The trade system is based on free competition.
3. Any law not in compliance with the free trade compe tition principles shall be prohibited.
Protection of the Environment .
1. Deforestation, erosion and of (sea, air and land) a nd the environmental pollution of sea, air
and land charcoal exportation, trading of plants an d firewood are prohibited.
2. The exportation of female livestock is forbidden.
3. The hunting of wild animals for game is forbidden.
4. The Constitution shall prohibit the urbanization of unsuitable lands.
Taking an Oath
Upon assuming functions, every high ranking officer shall take the following oath of loyalty to the
Puntland State: “In the name of Allah, I swear th at I will respect the Islamic Religion, discharge all my
duties faithfully in the interest of the people and will abide by the Constitution and the Laws.”
Amendments to the Constitution
1. Amendments or additions to the provisions of the Co nstitutions shall be decided by the
House of Representatives on the proposal of: at lea st 1/5 of the House Representatives or
the Government or 5000 voters.
2. The approval of the amendment requires two successi ve ballots with the majority of 3/4 of
the House of Representatives both in the first and the second ballots.
3. The amendments shall be held at an interval of not less than one month in two successive
1. All the laws of Puntland Regional State shall confo rm with the Articles of the Constitution.
2. If a petition submitted by a person or an office, i n which the Attorney General or a court
decided as a preliminary matter that the applicatio n to admissible shall allow the rehearing
of the case.
3. If the rehearing of the case is allowed by the Cour t, the execution of the previous orders
shall be suspended until the result of the judgment becomes final.
4. If the Supreme Court discovers the petition as obv iously unfounded, the Court shall
declared the petition inadmissible and shall suspen d the decision on the petition and
transmit the case to the Constitutional Court.
The Official Copy of the Constitution
The Somali Language is the official and legally rec ognized language of the original copy of the
Constitution of Puntland and shall come into force on the 1
st of July 2001