The most interesting parts of Somalia's federal constitution

[Jesteye]

Creeting guys,

I just got a copy of the draft future constitution of Somalia ( the federal republic of Somalia).

"Article 56. The principles of federalism of the Republic
(1) The various levels of government in their dealings with each other, and in the exercise of their
law making and other powers must observe the principles of federalism, which are:
(a) every level of government should enjoy the support of the people;
(b) power is given to the level of government where it is likely to be most effectively
exercised;
(c) a relationship of mutual cooperation and support between the various governments and
levels of government in the spirit of national unity,;
(d) every part of the Republic should be able to enjoy similar levels of services and similar
competence of government;
(e) equitable distribution of resources;
(f) raising of revenue at the most efficient level; and
(g) disputes should be solved through dialogue and reconciliation.
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Article 57. Relationships between levels of government
(1) Each government shall strive for a cooperative relationship with other governments at the same
and other levels. Each government must respect the limits of its own powers and the powers of
other governments. It must positively encourage friendly relations between the governments
and people of the various areas. Each government must ensure that other governments are
informed of policies and activities within the boundaries of its own area that may have an
impact elsewhere, and where appropriate should engage in joint projects with other
governments.
(2) In order to achieve cooperative relations, a law shall establish an annual conference of executive
heads of regional state governments with the federal government to discuss and coordinate the
plans of the regional states, and questions of federal support.
(3) Meetings of those responsible at the regional state level for issues that affect more than one
regional state, including water resources, agriculture, health and education, must be held.
(4) Regional states may enter into written agreements with the federal government or with each
other. Such agreements do not have legal force but provide a framework for cooperation.
Article 58. International negotiations
(1) In the spirit of cooperation, the federal government shall consult the regional states on
negotiations in connection with foreign aid, trade, treaties or other major issues of international
agreement.
(2) Where negotiations particularly affect regional state interests, the federal government shall if
feasible try to include a representative of that regional state in its delegation to the
negotiations.
(3) In conducting negotiations the federal government shall regard itself as a guardian of the
interests of the regional states.
Article 59. Local government and administration
(1) The federal government shall pass laws setting a framework and guiding principles for local
government.
(2) Each regional state government shall create a system of local government that complies with
the federal legislative guidelines.
(3) The governments of the regional states shall confer responsibilities for the administration of law
and programs on local government bodies to comply with Principle (b) in the principles of
federalism (Article 56(1)). Functions may be transferred gradually as the capacity of local
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government bodies develops. A federal law may propose a framework that may be adopted by
any regional state government for transfer of responsibilities to local government bodies.
(4) The federal government and the governments of the regional states may confer responsibilities
for the administration of law and programs on institutions of local groups and communities.
(5) Institutions of local groups and communities should be encouraged, supported and assisted in
meeting the requirements of the constitution in relation to democracy and human rights.
Article 60. Allocation of Powers
(1) Within the limits of the constitution, the federal government may make and administer laws for
the good governance of the Republic of Somalia as a whole.
(2) Within the limits of the constitution, each regional state government has the power to make
laws for the good governance of the regional state.
(3) Powers are allocated by Schedule 2, which comprises lists of powers allocated to the federal
government, to regional state governments or to both federal and regional state government.
(4) Powers in the Exclusive Federal List may be exercised only by the federal government, unless
delegated under another Article of this Chapter.
(5) Powers in the Exclusive Regional State List may be exercised only by the regional state
governments, unless delegated under another Article of this Chapter.
(6) Powers in the Federal Concurrent List may be exercised by both the federal government and the
regional state government. In the case of any conflict between a law of the federal government
and a law of any regional state on any of the matters in this List, the federal law prevails.
(7) Powers in the Regional State Concurrent List that may be exercised by both the federal
government and the regional state government. In the case of any conflict between law of the
federal government and law of any regional state on any of the matters in this List, the regional
state law prevails.
(8) The federal government may make law on any topic that is not mentioned in Schedule 2.
Article 61. Exercise of concurrent legislative power by regional state governments
(1) In the spirit of cooperation, a regional state that wishes to enact law on any topic under either
the Federal Concurrent List or the Regional State Concurrent List of powers shall consult with
the federal government.
(2) A federal law shall be passed to establish a procedure by which a regional state may assume
responsibility to make law on any topic under the Regional State Concurrent List. Such a process
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shall involve an assessment of the capacity of the regional state to take responsibility for the
enactment and administration of law on the topic.
Article 62. Delegation of powers
(1) Any government may confer administrative powers and responsibilities on a government, or
governments at another level, following a process of consultation with that government or
those governments.
(2) The federal government may confer on one or more of the regional state governments the
power to make law on a topic within the legislative power of the federal government, either for
a specific purpose or generally.
(3) Where the federal government confers a power to make law or to administer law on any or all
regional state governments under this Article, it shall ensure that those regional state
governments will be granted or will be able to raise the necessary financial resources.
(4) The federal government may withdraw any delegation of powers under this Article, where
necessary giving due notice to the regional state government or governments concerned.
(5) One or more regional state governments may request the federal government to take
responsibility for enacting laws on a particular matter within the competence of the regional
state governments.
Article 63. Financial matters
(1) The powers of the various levels of government to raise revenues are as set out in Schedule 2.
(2) The federal government may spend money for any lawful purpose, whether within its legislative
power or not.
(3) The principles and mechanisms for the allocation of financial resources between the various
levels of government are laid down in Chapter 14.
Article 64. Courts
(1) There is one unified judicial system for the Republic, as provided in Chapter 10.
(2) Despite clause (1) local traditional dispute resolution mechanisms may continue to apply law
that is not inconsistent with the Shari’ah and the constitution.
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Article 65. Civil service
(1) The federal governments and the regional state governments may employ their own staff.
(2) The Federal Public Service Commission may prescribe standards for employment, terms and
conditions of staff and other matters that apply to employment in public service at all levels of
government.
(3) The national and regional state governments may cooperate in the deployment of staff between
levels, especially to ensure that expertise and experience are available where needed, national
unity enhanced.
Article 66. Federal government powers in support of the federal system
(1) If a regional state government cannot perform its functions or appears to be involved in
financial mismanagement, the first responsibility of the federal government is to assist the
regional state government to deal with offenders, and to do whatever is necessary to enable the
regional state to operate effectively.
(2) If a regional state fails persistently or in major respects to comply with obligations imposed by
this Constitution or another federal Law, the federal government must take the necessary
measures to enforce compliance. The measures include the power of the government to give
directions to the regional state government, with which the regional state government must
comply with. No such directions may be given unless the House of the Regional States has by
resolution passed by at least half of the regional state delegations (excluding the delegation of
the state that is in breach of its constitutional obligations) the taking of measures required to re
establish constitutional compliance on the part of the regional state in question."

Enjoy! And discuss.

[Jesteye]

More interesting stuff!

"Article 70. Creation of new states
(1) A minimum of two existing regions are necessary in order to form a new state.
(2) A new state may be created if a significant number of one or more existing states wish to form a
state and the establishment of the state is the only way to promote their common interests.
(3) A new state will be established only if there is majority support for it:
a. in the group of regions seeking the new state; and
b. in the regions affected by the creation of the new state; and
c. it is not against the national interest; and
d. shall not jeopardize the national federal unity of the Somali Republic.
(4) No new state shall be authorized unless it will have the capacity to discharge the functions and
responsibilities of a state within the Federation, including the protection of the rights of all
citizens within the state, economic self-sufficiency and the delivery of basic social services.
Parliament must enact a law to regulate the formation of new states.
(5) When two or more neighbouring states agree to the alteration of their shared boundaries, the
Federal Parliament must endorse the alteration if two thirds of the District Councils of these
states consent to the alteration."

"Article 76. Membership of the House of the Regional States
The House of the Regional States consists of a delegation of 10 members from each regional
state. One member of each delegation is the head of government of the State or a person
representing the head of government. The other 9 members are nominated by the Regional
State legislature from among non-members of the legislature.
Article 77. Qualifications and disqualifications of members
(1) A person may not be a member of either house of Parliament unless the person is registered as
a voter in Somalia, and is over the age of 25."

"Chapter 9 - Federal Executive
Option 1: The Parliamentary System
The President
Article 94. The nature of the Presidency
(1) The President of the Federal Republic of Somalia serves as a symbol of the nation, whose
wisdom and experience may be looked to by the government. The functions of the office include
promoting the founding principles of the constitution by speech and action. Most presidential
powers are formal or are exercised acting on the request of the Prime Minister, the Council of
Ministers or some other official or body.
(2) In order to strengthen the unity of the nation, the two houses of Parliament shall endeavor to
ensure that the office of President is rotated between different groups in society.
Article 95. Qualifications to be President
The President shall be a Somali citizen of more than forty years of age, have the highest integrity
and command the respect of the entire nation.
Article 96. Selection of the President and Deputy-President
(1) Sitting together, the two houses of Parliament shall elect the President. The two houses shall
develop rules of procedure for this purpose, which shall use the procedure set out in Schedule 3
[Election of the President in a Parliamentary System].
(2) The Deputy-President must be elected by a similar process.
Article 97. Suspension or Removal of the President
(1) The House of the People may impeach the President for gross violation of the Constitution or
high treason.
(2) The motion for impeachment may be introduced by at least one-third of the members of the
House of the People, and if the motion for impeachment is with the support of at least two third
of the members, the President will be suspended from office, and the Deputy President will take
over.
(3) The trial of the President will proceed before the Constitutional Court.
Article 98. Term of office of the President
The President may hold office for a single term of six years.
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Article 99. Powers of the President
The powers of the President are to:
(1) serve as Commander in Chief of the Armed Forces, a ceremonial office that carries no
power of command;
(2) assent to legislation passed by Parliament or to refer it back to Parliament or to the
Constitutional Court under Article 87(9);
(3) appoint ambassadors and other diplomatic representatives acting on the request of the
Council of Ministers;
(4) declare war acting on the request of the Council of Ministers which must have the
approval of Parliament and to declare peace;
(5) to declare a state of emergency under Article 169;
(6) confer honors [in accordance with a law];
(7) pardon offenders and commute sentences in accordance with the advice of an
independent committee;
(8) make appointments and carry out other formal functions acting at the request of the
Council of Ministers."

[Jesteye]

The most shocking part and the funniest;

"Chapter 9 - Federal Executive
Option 2: The Presidential System
Article 94. The President of the Republic
The President of the Federal Republic of Somalia is the Head of State, a symbol of national unity,
and the head of government.
Article 95. Qualifications to be President
The President shall be a Somali citizen of more than 40 years of age, with an appropriate level of
education and relevant experience, have the highest integrity and command the respect of the
entire nation."


The constitution is president-centred one and there is two options designed to confuse people.