Serious concern for the future food security in Somalia

[Coeus]

If South Somalia is secured. I have no doubt that these arab "allies" we have in the middle east will try to buy fertile land to feed their own populations. The same shit is happening all over Africa, ethiopia is being plundered.

What makes our leaders different? Do we have this issue in the constitution? Can it not be considered illegal to lease farmland to foreign companies?

[Kukri]

If South Somalia is secured. I have no doubt that these arab "allies" we have in the middle east will try to buy fertile land to feed their own populations. The same shit is happening all over Africa, ethiopia is being plundered.

What makes our leaders different? Do we have this issue in the constitution? Can it not be considered illegal to lease farmland to foreign companies?

It was considered illegal, immoral, and un-islamic to cheerlead a foreign Christian troop into Somali soil but that never stopped you.

Do whats best for the beesha (tigre Ismail)

[Coeus]

The Constitution of the Democratic Republic of Somalia

APPENDIX

THE CONSTITUTION

Constitution of the Democratic Republic of Somalia enacted on 1st July, 1960 amended up to 31 December 1963. It supersedesany English text previously published.

The Constitution was published in the Official Bulletin No. 1 of 1 July 1960.

THE CONSTITUTION

OF THE SOMALI RFPUBLIC

THE PRESIDENT OF THE LEGISLATIVE ASSEMBLY

Acting in his capacity as Provisional President of the Republic:

HAVING SEEN the decision of the Constituent Assembly of 21 June 1960, approving the Constitution of the Somali Republic;

HAVING SEEN the first articles of the Transitional and FinalProvisions of the Constitution;

HAVING SEEN paragraph 1 of the third article of the Transitionaland Final Provisions of the Constitution;

HEREBY PROMULGATESthe Constitution of the Somali Republic in the following text:

PREAMBLE

IN THE NAME OF GODTHE MERCIFUL AND BENEFICIENT

THE SOMALI PEOPLECONSCIOUS of the sacred right of se1f-determination of peoplessolemnly consecrated in the Charter of the United Nations;

FIRMLY decided to consolidate and protect the independence ofthe Somali Nation and the right to liberty of its people, in a democracybased on the sovereignty of the people and on the equality of rights andduties of all citizens;

DETERMINED to cooperate with all peoples for the consolidationof liberty, justice and peace in the world, and in particular with thosepeoples with whom they are linked by history, religion, culture andpolitical outlook for the creation of a better future;

IN CONSTITUTING THEMSELVES into a unitary, sovereign andindependent Republic, lay down as the basis of the juridical and socialorder of the Somali Nation the following:

CONSTITUTION

PART I

GENERAL PROVISIONS

Article 1

The Republic

1. Somalia is an independent and fully sovereign State. It is arepresentative, democratic and unitary Republic. The Somali people is oneand indivisible.

2. Sovereignty belongs to the people who shall exercise it in theforms determined by the Constitution and the laws. No part of the peoplenor any individual may claim sovereignty or assume the right to exerciseit.

3. Islam shall be the religion of the State.

4. The national flag shall be azure in colour, rectangular, and shallhave a white star with five equal points emblazoned in its centre.

5. The emblem of Somalia shall be composed of an azure escutcheonwith a gold border and shall bear a silver five-pointed star. Theescutcheon, surmounted by an emabattlement with five points in Moorishstile, the two lateral points halved, shall be borne by two leopards rampantin natural form facing each other, resting on two lances crossing under thepoint of the escutcheon, with two palm leaves in natural form interlacedwith a white ribbon.

Article 2

The People

1. The people consists of all the citizens.

2. The manner of acquiring and losing citizenship shall be established bylaw.

3. No person may be denied citizenship or deprived thereof forpolitical reasons.

Article 3

Equality of the Citizens

All citizens, without distinction of race, national origin, birth,language, religion, sex, economic or social status, or opinion, shall haveequal rights and duties before the law.

Article 4

Territory of the State

1. The national territory is sacred and inviolable.

2. The territorial sovereignty shall extend to the continental territory,the islands, the territorial sea, the subsoil, the air space above and thecontinental shelf.

3. Any modification of the national territory must be authorized by alaw approved by a four-fifth majority of the members of the NationalAssembly.

4. The law shall determine the parts of the territory and the propertywhich belong to the State and to public bodies, and establish the legalstatus thereof.

Article 5

Supremacy of the Law

1. The organization of the State and the relationships between theState and other persons, public or private, shall be governed by law.

2. Administrative acts contrary to law and legislative acts contrary tothe Constitution may be invalidated on the initiative of the interested partyin accordance with the provisions of the Constitution.

Article 6

The Republic in the International Order

1. The generally accepted rules of international law and internationaltreaties duly concluded by the Republic and published in the mannerprescribed for legislative acts shall have the force of law.

2. The Republic repudiates war as a means of settling internationaldisputes.

3. It accepts, on conditions of parity with other States, limitations on itssovereignty necessary for the establishment of a system to ensure peaceamong nations.

4. The Somali Republic shall promote, by legal and peaceful means, the union of Somali territories and encourage solidarity among the peoples of the world, and in particular among African and Islamic peoples.

Article 7

Human Rights

The laws of the Somali Republic shall comply, in so far as applicable, withthe principles of the Universal Declaration of Human Rights adopted bythe General Assembly of the United Nations on 10 December 1948.

PART II

FUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZEN

Article 8

Right to Vote

1. Every citizen who possesses the qualifications required by lawshall have the right to vote.

2. The vote shall be personal, equal, free and secret.

Article 9

Right of Access to Public Offer

Every citizen who possesses the qualifications required by lawshall be equally eligible for public office.

Article 10

Right of Petition

1. Every citizen shall have the right to address written petitions to thePresident of the Republic, the National Assembly and the Government.

2. Every petition which is not manifestly unfounded shall beexamined.

Article 11

Right of Residence

1. Every citizen shall have the right to reside and travel freely in anypart of the territory of the State and shall not be subjected to deportation.

2. Every citizen shall have the right to leave the territory of the Stateand to return thereto.

Article 12

Right of Political Association

1. Every citizen shall have the right to associate in political parties,without previous authorization, for the purpose of co-operatingdemocratically and peacefully in the shaping of national policy.

2. Political parties and associations which are secret, have anorganization of a military character or have a tribal denomination shall beprohibited.

Article 13

Right to Form Trade Unions

1. Every citizen shall have the right to form trade unions or to jointhem for the protection of his economic interest.

2. Trade unions organized according to democratic principles shall beconsidered juridical persons according to law.

3. Trade unions being juridical persons may negotiate collectivelabour contracts binding on their members.

Article 14

Right to Economic Initiative

1. Every citizen shall have the right to economic initiative within theframework of the laws.

2. The law may control the exploration of the economic resources ofthe territory of the State.

Article 15

Duty of Loyalty to the Homeland

1. Every citizen shall be loyal to the State.

2. The defence of the homeland shall be the duty of every citizen.

3. Military service shall be governed by law.

PART III

FUNDAMENTAL RIGHTS AND DUTIES OF MAN

TITLE I

Right to Liberty

Article 16

Right to Life and to Personal Integrity



1. Every person shall have the right to life and to personal integrity.

2. Arbitrary limits to such rights may not be established.

3. The law may prescribe the death penalty only for the most serious crimesagainst human life or the personality of the State.

Article 17

Personal Liberty

1. Every person shall have the right to personal liberty.

2. Subjection to any form of slavery or servitude shall be punishableas a crime.

3. No person shall be liable to any form of detention or otherrestriction of personal liberty except when apprehended inflagrante delicto or pursuant to an act of the competent judicialauthority, stating the grounds thereof, in the cases and in themanner prescribed by law.



4. In cases of urgent necessity, expressly defined by law, thecompetent administrative authority may adopt provisional measures whichshall be communicated without delay to the competent judicial authorityand confirmed by it within the time and in the manner prescribed by law,failing which such measures shall be deemed to have been revoked andshall be void.

5. In each case of detention or other restriction of personal liberty, thereasons for the measure shall be communicated to the person concernedwithout delay.

6. No person shall be subjected to security measures except in thecases and in the manner prescribed by law and pursuant to an act of thecompetent authority, stating the grounds thereof.

7. No person shall be subjected to inspection or personal searchexcept in the cases and under the provisions laid down in paragraphs 3, 4and 5, and in other cases as prescribed by law for, judicial, sanitary orfiscal reasons, and in the manner prescribed therefor. In every case, these1f-respect and moral dignity of the person concerned must be preserved.

Article 18

Guarantees in Cases of Restriction of Personal Liberty

Any physical or moral violence against a person subject torestriction of personal liberty shall be punishable as a crime.

Article 19

Extradition and Political Asylum

1. Extradition may be granted only in the cases and in the mannerprescribed by law, subject, in all cases, to priori internationalconvention.

2. No person may be subjected to extradition for political offences.

3. Any alien prosecuted in his own country for political offences shall havethe right to asylum in the territory of the State in the cases and under theconditions provided by law.

Article 20

Limits to Personal Service and Property Levy

No personal service or property levy may be imposed save inaccordance with law.

Article 21

Freedom of Domicile

1. Every person shall the right to the inviolability of his domicile.

2. No inspection, search or seizure shall be carried out in the domicileor in any other place reserved for personal use except in the cases andunder the provisions laid down in paragraphs 3, 4 and 5 of Article 17 andin other cases as prescribed by law for judicial purposes, and in the mannerprescribed therefor.

Article 22

Freedom of Correspondence

1. Every person shall have the right to freedom and secrecy of writtencorrespondence and of any other means of communication.

2. Limitations thereon may be imposed only in the cases and underthe provisions laid down in paragraphs 3, 4 and 5 of Article 17 and inother cases as prescribed by law for judicial purposes, and in the mannerprescribed therefor.

Article 23

Social Equality

All persons are equal in social dignity

Article 24

Property

1. The right to own property shall be guaranteed by law, which shall definethe modes of acquisition and the limits of the enjoyment thereof £or thepurpose of ensuring its social function.

2. Property may be expropriated only for reasons of public interestand in the manner prescribed by law, in exchange for equitable and timelycompensation.

Article 25

Freedom of Assembly

1. Every person shall have the right to assemble in a peaceful mannerfor a peaceful purpose.

2. The law may provide that previous notice of public meetings begiven to the authorities. Meetings may be forbidden only for reasons ofpublic health, safety, morality, order or security.

Article 26

Freedom of Association

1. Every person shall have the right freely to form associationswithout authorization.

2. No person may be compelled to join an association of any kind orto continue to belong to it.

3. Secret associations or those having an organization of militarycharacter shall be prohibited.

Article 27

Right to Strike

1. The right to strike is recognized and may be exercised within thelimits prescribed by law. Any act tending to discriminate against, or torestrict, the free exercise of trade union rights shall be prohibited.

Article 28

Freedom of Opinion

1. Every person shall have the right freely to express his own opinionin any manner, subject to any limitations which may be prescribed by lawfor the purpose of safeguarding morals and public security.

2. Expressions of opinion may not be subject, to prior authorizationor censorship.

Article 29

Freedom of Religion

Every person shall have the right to freedom of conscience andfreely to profess his own religion and to worship it subject to anylimitations which may be prescribed by law for the purpose ofsafeguarding morals, public health or order. However, it shall not bepermissible to spread or propagandize any religion other than the religionof Islam(*). [Note (*): As amended by law No. 16 of 29 June 1963]

Article 30

Personal Status

1. Every person shall have the right to a personal status in accordancewith his respective laws or customs.

2. The personal status of Muslims is governed by the generalprinciples of the Islamic Sharia.

TITLE III

Social Rights

Article 31

Protection of the Family

1. The family based on marriage, as being the fundamental element ofsociety, shall be protected by the State.

2 Parents shall provide for the support, education and instruction oftheir children, as required by law.

3. The law shall provide for the fulfillment of the obligations set outin the preceding paragraph in case of death of the parents and whenever,by reason of incapacity or otherwise, the parents do not perform them.

4. Children who are full age shall be obliged to support their parentswhen the latter are unable to provide for themselves.

5. The State shall protect motherhood and childhood and encouragethe institutions necessary for this purpose.

6. The State shall recognize the protection of children of unknownparents as its duty.

Article 32

Welfare Institutions

The State shall promote and encourage the creation of welfareinstitutions for physically handicapped persons and abandoned children.

Article 33

Protection of Public Health

The State shall protect public health and promote free medicalassistance for indigent persons.

Article 34

Safeguarding of Public Morality

The State shall safeguard public morality in the manner prescribedby law.

Article 35

Education

1. The State shall encourage education, as being a fundamentalinterest of the community, and provide for the creation of State schoolsopen to all.

2. Primary education in public schools shall be free.

3. Freedom of teaching shall be guaranteed by law.

4. Organizations and individuals shall have the right to establish, inaccordance with law and without financial support from the State, schoolsand educational institutions.

5. Private schools and educational institutions may have a parity ofstatus with State schools and institutions under the conditions laid downby law.

6. Teaching of Islam shall be compulsory for pupils of Islamic faith inprimary and secondary State schools and in schools having a parity ofstatus. Teaching of Holy Koran shall be a fundamental element in primaryand secondary State schools for Muslims.

7. Institutes of higher education shall have, their own ~utono- mousorganization within the limits prescribed by law.

Article 36

Protection of Labour

1. The State shall protect labour and encourage it in all its forms andapplications.

2. Forced and compulsory labour of any kind shall be prohibited. Thecases in which labour may be ordered for military or civil necessity orpursuant to a penal conviction shall be pre-scribed by law.3. Every worker shall have the right to receive, without anydiscrimination, equal pay for work of equal value, so as to ensure anexistence consistent with human dignity.

4. Every worker shall have the right to a weekly rest and annual leavewith pay; he shall not be compelled to renounce it.

5. The law shall establish the maximum working hours and theminimum age for the various types of work and shall ensure that minorsand women work only under suitable conditions.

6. The State shall protect the physical and moral integrity of theworkers.

Article 37

Social Security and Assistance

1. The State shall promote social security and assistance by law.

2. The State shall guarantee to its civil and military employees theright to pension; it also shall guarantee in accordance with law, assistancein case of accident, illness or incapacity for work.

TITLE III

Judicial Guarantees

Article 38

Right to Institute Legal Proceedings

Every person shall have the right to institute legal proceedings,under conditions of full equality, before a lawfully constituted court.

Article 39

Protection against Acts of the Public Administration

Judicial protection against acts of the public administration shall beallowed in all cases, in the manner and with the effects prescribed by law.

Article 40

Civil Liability of the State for the Acts ofits Officials and Employees

1. Whoever suffers damages from acts or omissions in violation ofhis rights by officials or employees of the State or of public bodies in theperformance of their duties, shall have the right to obtain compensationfrom the State or the public bodies concerned.

2. The penal, civil and administrative liability of officials andemployees for the acts or omissions referred to in the preceding paragraphshall be governed by law.

Article 41

Right of Defence

1. The right of defence shall be allowed at every stage of legalproceedings.

2. The State shall guarantee, under the conditions and in the mannerprescribed by law, free legal aid to the poor.

Article 42

Non-retroactive Nature of Penal Law

No person may be convicted for an act which was not punishableas an offence under the law in force at the time when it was committed;nor may a heavier punishment be imposed than the one applicable at thattime.

Article 43

Penal Liability

1. Penal liabilities shall be personal. Any ind of collectivepunishment shall be forbidden.

2. The accused shall be presumed innocent until the conviction hasbecome final.

Article 44

Social Purpose of Punishment

Punishments restrictive of personal liberty shall not consist oftreatment contrary to feelings of humanity or be such as to obstruct themoral rehabilitation of the convicted person.

Article 45

Enforcement of Punishments

Supervision over the enforcement of punishment and securitymeasures shall be exercised by the competent court in accordance withlaw.

Article 46

Redress of Judicial Errors

The conditions and the procedure for the redress of -judicial errorsshall be prescribed by law.

TITLE IV

Duties Towards the State

Article 47

Duty to Observe the Constitution and the Laws

Every person shall loyally observe the Constitution and the laws ofthe State.

Article 48

Duty to Pay Taxes

1. Every person shall contribute to public expenditure according tohis capacity to pay.

2. A system of taxation based on principles of social justice shall beestablished by law.