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The Transitional Federal Charter of the Somali Republic

PREAMBLE.
In the Name of Allah, the most Merciful, the Beneficent. WE, THE DELEGATES REPRESENTING THE PEOPLE OF THE SOMALI REPUBLIC have solemnly resolved to enact a Transitional Federal

Charter for the Somali Republic;

DETERMINED to live in peace and unity as one indivisible, free and sovereign nation;
RECOGNIZING the gross violations of human rights inflicted upon the Somali people and the need to re-establish peace, democracy, the rule of

law, social justice, the dignity and integrity of all Somalis;

COMMITTED to establishing and nurturing a Transitional Federal Government for the Somali Republic;

DETERMINED to foster reconciliation, national unity, and good governance;

DO HEREBY ADOPT, ENACT AND GIVE TO THE SOMALI PEOPLE THIS CHARTER.



CHAPTER ONE

SOVEREIGNTY AND TERRITORY

ARTICLE 1.

ESTABLISHMENT OF TRANSITIONAL FEDERAL GOVERNMENT

1. There shall be a Transitional Federal Government of the Somali Republic based on the sovereign will of the Somali people.

2. The name of the National Government shall be “The Transitional Federal Government of the Somali Republic”

3. In this charter “ Somali Republic” has the same meaning as “Somalia” “The Somali Republic”, “The Somali Democratic Republic”.

ARTICLE 1:1

THE SOVEREIGNTY OF THE SOMALI PEOPLE.

1. All the sovereign authority belongs to the people of Somalia and may be exercised directly or indirectly through their representatives, in accordance with this Charter and the laws of the country.

2. The right to exercise sovereignty shall not be delegated to any individual, group or class, and no person shall arrogate to him or herself, or exercise any State authority, which does not emanate from this Charter or any laws of the Land not inconsistent with this charter.

3. The Government shall encourage the unity of the Somali people by promoting their cultures, customs and traditions.



ARTICLE 2

THE TERRITORY OF SOMALIA.

1. The Territorial Integrity and Sovereignty of the Somali Republic shall be inviolable and indivisible.

2. The territorial sovereignty of the Somali Republic shall extend to the land, the islands, territorial sea, the subsoil, the air space and the continental shelf.

3. The Somali Republic shall have the following boundaries.

(a) North; Gulf of Aden.

(b) North West; Djibouti.

(c) West; Ethiopia.

(d) South south-west; Kenya.

(e) East; Indian Ocean.

ARTICLE 3

SUPREMACY OF LAW

1. The Transitional Federal Government of the Somali Republic shall be founded on the supremacy of the law and shall be governed in accordance with this Charter.

2. This Charter for the Transitional Federal Government shall be the supreme law binding all authorities and persons and shall have the force of law throughout the Somali Republic. If any law is inconsistent with this Charter the Charter shall prevail.

3. The validity, legality or procedure of enactment or promulgation of this Charter shall not be subject to challenge by or before any court or other State organ.
ARTICLE 4

INTERPRETATION OF THE CHARTER.

1. The Charter shall be interpreted in a manner: -

(a) That promotes national reconciliation, unity and

democratic values;

(b) That promotes the values of good governance;

(c) That advances human dignity, integrity, rights and

fundamental freedoms and the Rule of Law.

2. A person may bring an action in the Supreme Court for a declaration that any Law or action of the state is inconsistent with, or is in contravention of this Charter.

3. The Supreme Court shall determine all such applications on a priority basis.

CHAPTER TWO

THE SOMALI REPUBLIC

ARTICLE 5

THE CAPITAL CITY

1. The Capital of the Somali Republic shall be Mogadishu (Xamar).

2. Parliament shall pass legislation governing the Administration of the Capital City.

ARTICLE 6

THE FLAG AND EMBLEM.

1. The National flag for the Transitional Federal Government shall be of rectangular shape, azure in colour with a white star and five equal points emblazoned in the centre.

2. The emblem of Transitional Federal Government shall be composed of an azure escutcheon with a gold border, which shall bear a silver five-pointed star.

3. The escutcheon shall be surmounted by embattlement with five equal points in Moorish style, two lateral points halved, borne by two leopards rampant in natural form facing each other, resting on two lances crossing under the point of the escutcheon with two palm leaves in natural form interlaced with a white ribbon.

ARTICLE 7

LANGUAGES.
1. The official languages of the Somali Republic shall be Somali (Maay and Maxaatiri) and Arabic.

2. The second languages of the Transitional Federal Government shall be English and Italian.

ARTICLE 8

RELIGION.

1. Islam shall be the religion of the Somali Republic.

2. The Islamic Sharia shall be the basic source for national legislation.

ARTICLE 9

THE NATIONAL SYMBOLS.

1. The national symbols of the Somali Republic shall consist of: -

(a) The National Flag;

(b) The National Anthem

(c) The National Emblem and

(d) The Public Seal.
CHAPTER THREE

CITIZENSHIP

ARTICLE 10

CITIZENSHIP

1. Every person who at the time of the coming into force of this Charter was a citizen of the Somali Republic shall be deemed to be a citizen of the Somali Republic.

2. Every person of Somali origin shall be entitled to citizenship of the Somali Republic provided that: -

(a) He/she was born in the Somali Republic; or

(b) His/her father is a citizen of the Somali Republic;

3. A person who is a citizen of Somalia under this Article cannot be deprived of that citizenship.

4. Every Citizen of the Somali Republic shall be entitled to retain their citizenship notwithstanding the acquisition of the citizenship of any other country.

5. Parliament shall within twelve months pass legislation regulating matters relating to citizenship.

CHAPTER FOUR

THE TRANSITIONAL FEDERAL GOVERNMENT

ARTICLE 11

1. The Transitional Federal Government of the Somali Republic shall have a decentralised system of administration based on federalism.

2. The Somali Republic shall comprise of: -

(a) The Transitional Federal Government.

(b) State Governments (two or more regions federate, based on their free will)

(c) Regional Administrations
(d) District administrations

3. (a) While the new Constitution is being drafted, a National Census shall be undertaken simultaneously.

(b) An internationally supervised National Referendum shall be undertaken to approve the new Constitution.

(c) The Transitional Federal Government will request the International Community to provide both technical and financial support.

4. (a) The Transitional Federal Government shall promote and develop the State Governments, Regional and District Administrations subject to legislation and guidelines of the Federal Constitution Commission on the formation of Transitional Federal Government.

(b) The State Governments, Regional and District Administrations shall comprise all regions of Somalia.

5. The Council of Ministers of the Transitional Federal Government shall within 90 days of assuming office propose to the President names of persons to be appointed to an independent Federal Constitution Commission to ensure that a Federation is achieved within the time set out under this charter;

6. Parliament shall make laws relating to the mandate of the Commission and the qualifications and terms of service of its members;

7. Notwithstanding any other provisions in this Charter relating to the formation of government ministries, there shall be established a Ministry of Federal and Constitutional affairs that shall be charged with the task of implementing Constitutional and Federal affairs;

8. The Transitional Federal Government shall ensure that the process of federating Somalia shall take place within a period of two and a half years from the date that the commission is established;

9. In the event that the Transitional Federal Government is unable to complete the process of federalism all over Somalia within the prescribed period of two and half years, the Government shall request Parliament for a vote of confidence, failing which the Transitional Federal Parliament shall withdraw its support and a new Transitional Federal Government shall be formed in the manner set out in this charter;

10. The new Transitional Federal Government formed under Clause (8) herein shall undertake to complete the process of federalism all over Somalia within a period of one (1) year failing which the provisions of article 11(8) above shall apply.

ARTICLE 12

AUXILARY ORGANS.

1. There shall be the following support institutions of the Transitional Federal Government:-

(a) Auditor General;

(b) Attorney General;

(c) Accountant General;

(d) Governor of Central Bank.

2. Parliament shall make laws defining the functions of the auxiliary organs set out under (1).

3. The above organs shall execute their functions and responsibilities in the whole country in conformity to their respective mandates established by law.

ARTICLE 13

DISTRIBUTION OF RESOURCES AND POSITIONS

1. The Transitional Federal Government, shall on the coming into force of this charter pass legislation ensuring equitable appropriation and allocation of resources in the country.

2. The Transitional Federal Government shall ensure that all appointments in the service of the Government shall be based on qualifications and fair distribution among the Citizens.

CHAPTER FIVE

PROTECTION OF THE FUNDAMENTAL

RIGHTS & FREEDOMS OF THE PEOPLE.

ARTICLE 14

HUMAN RIGHTS & DIGNITY.

1. The Somali Republic shall recognize and enforce all international human rights conventions and treaties to which the Republic is a party.
2. Every citizen shall have the right to:

(a) Reside, work and travel freely in any part of the country.

(b) Organize, form or take part in political, labour, professional or social entities in conformity to the law, without prior government authorization.

(c) Vote upon attainment of 18 years of age.

(d) Subject to this charter, contest for any vacant seat.

3. There shall be no interference of personal communication.

ARTICLE 15

EQUALITY OF THE CITIZENS BEFORE THE LAW.

1. All citizens of the Somali Republic are equal before the law and provisions of this Transitional Federal Charter and have the right to equal protection and equal benefit of the law without distinction of race, birth, language, religion, sex or political affiliation.

2. Equality shall include the full and equal enjoyment of all rights and freedoms.

ARTICLE 16

RIGHT TO LIFE, PERSONAL LIBERTY AND SECURITY

1. Everyone shall have the right to life and no person shall be deprived of his/her life.

2. No person shall be deprived of his/her personal liberty, personal freedom and personal security.

3. No person shall be subjected to inspection, personal search of his/her house or his/her property without the permission of competent judicial authority related to health and tax. In every case, the self-respect and moral dignity of the person concerned must be preserved.

4. Any physical or moral violence or action against a person subject to restriction of personal liberty shall be punishable as a crime and hence is prohibited.
5. No person shall be liable to any form of detention in prison or other restrictions of personal liberty except when apprehended flagrante delicto or pursuant to any act of the competent judicial authority.

6. As is explicitly defined by any law, any person arrested for suspicion or restricted from his/her personal liberty, shall have access within 48 hours to competent judicial authority and confirmed by it within the time prescribed by law.

ARTICLE 17

RIGHTS RELATING TO LEGAL PROCEEDINGS

1. Every person shall have right to institute legal proceedings in a competent court.

2. Every person who is charged with a criminal offence:-

(a) Shall be presumed to be innocent until he/she is proven guilty in a competent court of law;

(b) Shall be informed as soon as reasonably practicable, in a language that he/she understands and in detail, of the nature of the offence with which he/she is charged;

(c) Shall be given adequate time and facilities for the preparation of his/her defence at any stage of the legal proceedings.

3. Every person detained, imprisoned or restricted shall be permitted the right to defend himself/herself in a court in person or communicate with his/her relatives, lawyer of his/her own choice whenever he/she requires.

4. The Government shall guarantee free legal services for individual citizens who cannot afford them.

5. The penal, civil and administrative liabilities of officials and employees of the Government, shall be governed by law.
ARTICLE 18

LABOUR.

1. No worker shall be discriminated, as each shall have a right to a salary and equal pay commensurate to the work performed and other fringe benefits as shall be stipulated in the employment and labour laws of the country.

2. Workers shall have the right to weekly rest and annual leave with pay and shall not be compelled to forfeit.

3. The law shall establish working hours for workers.

4. The Government shall establish by law the minimum age employable and minimum salary for workers.

5. The government shall guarantee its employees, Civil and military, the right to pension. It shall also guarantee employees in accordance with the law, assistance in case of accident, illness or incapacity to work. A special law shall guarantee pension for private sector employees.

ARTICLE 19

RIGHT TO ASSEMBLE AND FREEDOM TO STRIKE.

1. Every person shall have the right to : -

(a) Assemble freely with other persons and in particular to form or belong to trade unions or other associations for the protection of his/her interests;

(b) Mobilize and participate in any meeting or demonstration;

(c) Freely express his/her opinion orally, in written form, or in any other manner, without censorship.

2. The workers of the Transitional Federal Government of Somalia shall have the right to form Trade Unions for the protection of their interests as specified by law.

ARTICLE 20

FREEDOM OF INFORMATION AND MEDIA.

1. The Transitional Federal Government shall guarantee the freedom of press and independent media in accordance with Law.

2. Every person shall have the rights to freely express his/her own opinion in any manner, subject to any limitation which, may be prescribed by law for the purpose of safeguarding morals and public security.

ARTICLE 21

THE RIGHT TO ESTABLISH POLITICAL PARTIES.

1. The Transitional Federal Government shall encourage the formation of political parties in the Republic save that it shall be in accordance with the law.

2. In accordance with the laws, all Citizens, shall have the right to associate with political parties, political programmes interpreting clearly their national political agenda.

3. The political parties shall be open for all Citizens and be guided by General Principles of Democracy.

4. Any political party of a military character or tribal nature shall be prohibited.

5. Political parties shall have the right to form alliances before, during and after the election periods.

6. All Citizens possessing the qualifications required by law have the right to vote and be elected to Public Office.

ARTICLE 22

THE RIGHT TO ESTABLISH SOCIAL ORGANIZATIONS.

1. Every person has the right to assemble freely and associate with other persons and in particular to establish any Social organization in accordance with the law.

2. No person may be compelled to join and/or continue to belong to an association of any kind.

3. Any Non- Governmental organization with an objective of either human rights, environmental protection shall be registered and allowed to operate in the Somali Republic in accordance with international treaties and laws of the country.

4. Nothing contained herein shall permit the establishment of any secret associations or any organization bearing any military, defense or para-military nature and/or character.

ARTICLE 23

POLITICAL ASYLUM.

1. Extradition may be granted against a person accused of a crime committed in his or another country only if an extradition treaty exists between Somalia and the country requesting thereof.

2. The state may grant political asylum to a person and his close relatives who flee his or another country on grounds of political, religious, and cultural persecution unless such asylum seeker(s) have committed crime(s) against humanity.

ARTICLE 24

EDUCATION.

1. Education shall be recognized as a basic right for all Somali citizens

2. All citizens shall have a right to free primary and secondary education.

3. The Government shall give priority to the promotion, expansion and propagation of public education.

4. Education shall be for the interest of the people and shall be extended throughout the whole country.

5. Private schools, institutes and universities may be established according to law and in line with the educational program and academic curriculum of the country.

6. The Government shall encourage the promotion of scientific research, the arts and their advancement as well as the folklore and sports and shall promote positive customs and traditions of the Somali people.

7. The Government shall adopt standardized curriculum for schools of the country and shall oversee its implementation.

8. The Government shall promote higher education and the

establishment of Technical Institutes as well as technology and

research Institutions.

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9. The Government shall develop Educational programmes and a united

syllabus for all schools.

10. Teaching of Islam shall be compulsory for pupils in both Public

and Private Schools. This does not apply to non-Muslim students.

ARTICLE 25

PROTECTION OF FAMILY.

1. The family shall be recognized as the basic unit of the society

whereas religion, morals and love of the country shall be the

central pillars of the family.

2. The Government shall protect and encourage marriage.

3. Parents shall support their children, education and welfare, as

required by law.

4. Children, who are of full age, are obliged to support their parents

when the latter are unable to support themselves.

5. It shall be an obligation on parents/guardian to register children

upon birth.

ARTICLE 26

SOCIAL WELFARE.

The Government shall guarantee public social welfare as follows:

a) It shall be the responsibility of the Government to protect and

provide public health, safe motherhood, childcare and control

communicable diseases;

b) Welfare of persons with disabilities, orphans, widows, heroes who

contributed and fought in defence of the country and aged

persons;

c) The Government shall encourage the establishment of the Civil

Society and social development institutions for the public, that is

to say, NGOs, women, youth, students, human rights and

professional organizations;

d) Forced labour or military service for children under 18 years shall

not be permitted.

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e) In accordance with the law, no child under 18 years of age shall be

imprisoned in the same prison and/or custody as those for adults;

f) The law shall regulate the establishment of private health centres

and clinics;

g) The Government shall safeguard public morality of the society;

h) The Government shall endeavour to promote the social welfare and

development of the rural population;

i) The Government shall create a positive environment for women to

participate effectively in economic, social and political life of the

society;

j) The law shall establish the relationship between the Transitional

Federal Government and former Government employees.

ARTICLE 27

ECONOMY.

1. The system of economy for the country shall be based on free

enterprise.

2. The Government shall encourage, support and provide full

guarantee to foreign investment in the country as specified by law.

3. The right to own private property shall be guaranteed by law,

which shall define its contents and the limits of its exercise.

4. Copyrights pertaining to the arts, science and technology shall be

protected and the law shall regulate its contents and the limits of

its exercise.

5. Personal property may be expropriated for public interest in

exchange for equitable and timely compensation. However, the

property shall be returned to the owner or his/her heirs in

accordance with the law.

CHAPTER SIX

THE STRUCUTURE AND ORGANISATION OF THE STATE

PART I

PARLIAMENT

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ARTICLE 28

PARLIAMENT

1. The legislative powers of the Transitional Federal Government of

Somalia shall be vested in Parliament.

2. The Transitional Federal Parliament of the Somali Republic

shall have a single Chamber.

3. The members of the Parliament shall represent the unity of the

nation.

ARTICLE 29

THE COMPOSITION OF PARLIAMENT.

The Transitional Federal Parliament of the Somali Republic shall consist

of Two Hundred and Seventy Five (275) Members of which at least Twelve

Percent (12%) shall be women.

ARTICLE 30

APPOINTMENT OF MEMBERS OF PARLIAMENT

1. The Parliament envisaged under article 28 above shall be

selected by the sub sub sub-clan Somali political Leaders

invited to the consultation meetings in Nairobi as from 9th

January 2004, comprising: Transitional National Government

(TNG); National Salvation Council (NSC); Regional

Administrations; Somali Restoration and Reconciliation Council

(SRRC); Group-8 (G8) Political Alliance and Civil Society and

must be endorsed by genuine traditional leaders.

2. Any Vacancy that arises after the coming into force of this

Charter shall be filled through the same procedure as stated in

Article 30 (I) above.

ARTICLE 31

ELIGIBILITY CRITERIA FOR MEMBERSHIP OF PARLIAMENT.

1. A person shall be eligible to be a Member of Parliament if that

person: -

(a) Is a citizen of the Somali Republic;

(b) Has attained at least twenty five years (25) years of

age;

(c) Is of good character.

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(d) Is of sound mind

2. A person shall be disqualified from being a Member of

Parliament if that person: -

(a) Holds any other public appointment other than as

member of the Cabinet;

(b) Has been pronounced as being of unsound mind;

(c) Has been convicted of an interdictable offence;

(d) Has been removed from any public office on grounds of

gross misconduct or corruption.

ARTICLE 32

THE TERM OF THE TRANSITIONAL FEDERAL PARLIAMENT

1. The term of the Transitional Federal Parliament shall be Five (5)

years.

2. The tenure of parliament shall commence from the date of

taking the oath of office and shall continue until the date of

commencement of the next parliament.

3. Parliament shall meet in its first session within 30 days from

the date two-thirds of the members of the Parliament shall have

taken the oath of office.

4. The term of the Transitional Federal Parliament shall not be

extended.

5. The first meeting of the Parliament shall be chaired by the most

senior member in age until a Speaker is elected.

ARTICLE 33

FUNCTIONS OF PARLIAMENT.

Parliament shall discharge the following functions: -

(a) Election of the President of the Transitional Federal

Government ;

(b) Election of Speaker and Deputy Speaker

(c) Making legislation ;

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(d) Approval and adoption of the annual budget.

(e) Consideration of motions of confidence in the

(f) Government;

(g) Making of internal parliamentary regulations;

(h) Investigate any matter of public interest

(i) Hold public hearings

(j) Ratification of international agreements and treaties;

ARTICLE 34

PROCEDURES IN PARLIAMENT

1. The Parliament shall hold two (2) ordinary sessions annually.

2. The Parliament may be convened in extraordinary sessions by

the Speaker at the request of the President or upon requisition

by one third of its members.

3. Meetings of Parliament or its committees shall be valid with the

presence of half plus one of its members.

ARTICLE 35

PRIVILEGES AND IMMUNITIES OF PARLIAMENT

1. No Member of Parliament may be prosecuted for any opinion or

views expressed in Parliament.

2. No criminal proceedings shall be instituted against a Member of
Parliament unless in a case of flagranto delicto .

3. No Member of Parliament shall be interrogated in connection

with criminal investigation, nor shall his person or domicile be

subjected to search while executing duties of a Parliamentarian.

4. Parliament shall make law on the emoluments of its members,
which shall be limited to sittings per diem of the parliamentary

session and its committees.

ARTICLE 36

LEGISLATION

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1. When a Law has been passed by Parliament, it shall be

presented to the President for Assent.

2. The President shall, within twenty-one (21) days after the Law

has been presented to him/her for assent under sub-section (1),

notify the Speaker that he/she assents to the Law or refuses to

assent to it.

3. Where the President refuses to assent to a Law he/she shall,

within fourteen (14) days of the refusal, submit a memorandum

to the Speaker indicating the specific provisions of the Law

which in his/her opinion should be reconsidered for

amendments.

4. The Parliament shall reconsider a Law referred to it by the

President taking into account the comments of the President

and shall either:-

a) Approve the recommendations proposed by the President

with or without amendment and resubmit the Law to the

President for assent; or

b) Refuse to accept the recommendations and approve the

Law in its original form by a resolution supported by

votes of not less than sixty – five (65) percent of all the

Members of the Parliament in which case the President

shall assent to the Law within fourteen (14) days of the

passing of the resolution.

5. A law made by Parliament and assented to by the President

shall not come into operation until it has been published in the

official bulletin.

ARTICLE 37

OFFICERS OF PARLIAMENT

Parliament shall have the following officers:

a) The Speaker

b) Two Deputy Speakers

c) Other officers appointed by parliament

Parliament shall elect the Speaker and the two Deputy Speakers from

among its members in its first sitting.

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ARTICLE 38

PROCEEDINGS OF PARLIAMENT.

Every Parliamentary sitting shall be presided over by: -

(a) The Speaker or

(b) In the absence of the Speaker any of the Deputy Speakers;

(c) In the absence of the Speaker or any of the Deputy Speakers, such

other Member of Parliament as the members shall elect.

CHAPTER SEVEN

PART II

THE PRESIDENT

ARTICLE 39

1. There shall be a President of the Somali Republic, who shall be

(a) The Head of State

(b) Commander - in – Chief of the Armed Forces

(c) Symbol of National Unity

2. The powers of the President shall be exercised in accordance

with the Charter and the laws of the land;

3. The President shall not hold any other office for gain.

ARTICLE 40

QUALIFICATIONS.

1. Any person shall be qualified and eligible to be elected the

President of the Somali Republic , if the person :-

(a) Is a citizen of the Somali Republic;

(b) Has attained at least 40 years of age.

(c) Is a practising Muslim whose parents are Somali

citizens

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(d) Is not married to a foreigner nor marry a foreigner

during his term of office.

(e) Is of sound mind and no criminal conviction for any

serious offence.

(f) Is of good character.

(g) Possess the capacity, competence and experience to

discharge the duties of the Presidency.

ARTICLE 41

ELECTION OF THE PRESIDENT.

1. The President shall be elected by Parliament through a secret

ballot, with a two-thirds (2/3) majority of its members in the

first round whereas in the subsequent ballots shall be by simple

majority.

2. In the second round of the elections, only the first six

candidates shall be eligible whereas in the third round only the

first two candidates shall be eligible for the final Presidential

election.

ARTICLE 42

OATH OF THE PRESIDENT.

Before assuming the office and duties of the President, the President

elect shall take and subscribe to the oath of allegiance. Such an oath

shall be for the due execution of his/her office in a manner prescribed

herein: -

“In the name of Allah I swear that I will discharge faithfully

all my duties as President in the interest of the people and

that I will abide by the Charter and laws of the Somali

Republic”.

ARTICLE 43

TENURE OF OFFICE.
(a) The President shall hold office for a term of four (4) years

beginning from the date on which he/she is sworn in as President

in accordance with the Oath of Office provided for in this Charter.

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The President shall, unless his/her office becomes vacant by

reason of his/her death, resignation or ceasing to hold office by

virtue of the provisions of this Charter, continue to hold office until

the person elected as President at a subsequent election assumes

office.

(b) The President shall be impeached for the violation of the Charter

only if a charge against him or her has been preferred to

Parliament.

(c) Where a motion for impeachment of the President is laid before

Parliament -

(i). The charge shall be preferred in a resolution moved after
at least fourteen (14) days notice in writing and signed

by not less than one-third of the total number of

members of Parliament of their intention to move such a

resolution;

(ii). An investigation shall be conducted of the charge

preferred or the cause of the charge and the President

shall have the right to appear and to be represented at

such investigation;

(iii). As a result of the outcome of the investigation, such

resolution shall be passed and voted by at least twothird

majority of the members of Parliament;

(iv) Such resolution shall have the effect of removing the

President from his/her office as from the date on which

the resolution is so passed.

ARTICLE 44

RESPONSIBILITIES OF THE PRESIDENT.

1. The President shall undertake the following State duties: -

(a) Address the opening of the Parliament;

(b) Address a special sitting of Parliament once a year;

(c) May address Parliament any other time;

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(d) The President shall appoint the President of the Supreme

Court and other Judicial Officers on the proposal of the

Judicial Service Council;

(e) The President shall appoint persons to offices in the

public service and Heads of government organs on the

proposal of the Council of Ministers;

(f) The President shall appoint persons to be Ambassadors,

Diplomatic or Consular representatives to foreign

countries on the proposal of the Council of Ministers;

(g) The President shall receive foreign Diplomatic or Consular

representatives in the country;

(h) The President shall confer state honours on the proposal

of the Council of Ministers.

2. The President shall appoint and dismiss the Prime Minister

and/or dismiss the government if it fails to obtain the required

vote of confidence from Parliament.

3. The President shall dismiss Ministers and Assistant Ministers

on the proposal of the Prime minister.

4. The President shall have authority to: -

(a) Sign international treaties on the proposal of the

Council of Ministers and upon ratification by

Parliament;

(b) Assent and Sign into law, legislation passed by the

parliament and regulations and decrees approved by

the Council of Ministers;

ARTICLE 45

VACANCY IN THE OFFICE OF THE PRESIDENT

If the office of the President becomes vacant by reason of the resignation,

death or permanent disability of the President of the Republic, the

Speaker of Parliament shall with immediate effect exercise the functions

of the President and Parliament shall meet to elect a new President

within thirty- (30) days.

Comment:

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CHAPTER EIGHT

PART III

THE EXECUTIVE

ARTICLE 46

THE PRIME MINISTER

1. The Executive power shall vest in the Council of Ministers.

2. The President shall appoint the Prime Minister who shall be the

leader and chair of the Council of Ministers.

DEPUTY PRIME MINISTERS AND MINISTERS.

3. The Prime Minister shall propose to the President names of

persons to be appointed Deputy Prime Ministers;

4. The Prime Minister shall propose to the President names of

persons to be appointed Ministers and Assistant Ministers;

5. Each Deputy Prime Ministers shall have a ministerial portfolio

and shall supervise a group of related ministries in the political,

social and economic sectors. Their specific duties shall be

specified by legislation.

ARTICLE 47

QUALIFICATION OF THE PRIME MINISTER AND DEPUTY PRIME

MINISTERS.

1. The Prime Minister, the Deputy Prime Ministers, Ministers and

Assistant Ministers shall have the following qualifications:
Comment: To consult on who

appoints between the Prime

Minister and the president

Comment:

Comment:

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(a) Be a citizen of the Somali Republic;

(b) Be a member of Parliament;

(c) Have attained the age of forty (40) years in the case of

the Prime Minister and the thirty-five (35) years in the

case of the Deputy Prime Ministers, Ministers and

Assistant Ministers;

(d) Have proven leadership qualities and political

experience.

ARTICLE 48

RESPONSIBILITIES OF THE PRIME MINISTER.

1. The Prime Minster shall have the following responsibilities -

(a) Preside over the meetings of the Council of Ministers.

(b) Be responsible for the promotion, co-ordination and

supervision of government policy and general

administration.

ARTICLE 49

TENURE OF OFFICE OF THE PRIME MINISTER.

1. A person whose appointment as Prime Minister has been

confirmed by the Parliament shall assume office upon taking

the oath hereunder.

“In the name of Allah I swear that I will discharge

faithfully all my duties as Prime Minister in the

interest of the people and that I will abide by the

Charter and laws of the Somali Republic”.

2. The term of office of the Prime Minister shall continue until:

(a) He/She dies, resigns or is dismissed from office; or

(b) Until another person is appointed to that office.

ARTICLE 50

RESIGNATION OF THE PRIME/DEPUTY MINISTER

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1. The Prime Minister and/or the Deputy Prime Ministers may

resign from office by delivering a written statement of

resignation to the President.

2. The resignation stated under Clause (1) shall take effect on the

date and the time specified in the resignation and upon

acceptance by the President.

ARTICLE 51

DISMISSAL OF THE PRIME/DEPUTY PRIME MINISTER (s).

1. If Parliament, by a vote supported by more than fifty per cent of

its members, passes a motion of no confidence in the Prime

Minister, the President shall dismiss the Prime Minister, and

other Members of the Council of Ministers.

ARTICLE 52

COUNCIL OF MINISTERS.

1. There shall be a Council of Ministers, which shall consist of:

(a) The Prime Minister

(b) The Deputy Prime Ministers

(c) The Ministers

2. The Council of Ministers shall: -

(a) Develop government policy and implement national

budgets;

(b) Prepare and initiate Government legislation for

introduction to Parliament;

(c) Implement and administer Acts of Parliament;

(d) Co–ordinate the functions of government Ministries

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(e) Perform any other functions provided for by the

Charter or an Act of Parliament, except those

reserved for the President.

3. Each person appointed as Deputy Prime Minister, Minister or

Assistant Minister:

(a) Assumes office by swearing in the name of Allah

and allegiance to the Somali Republic and

obedience to the Charter.

(b) May resign by delivering a written statement of

resignation to the Prime Minister and the President;

(c) Shall continue in office until he/she dies, resigns or

is dismissed or until another person is appointed to

that office.

ARTICLE 53

ROLE OF THE COUNCIL OF MINISTERS.

1. Unless otherwise stated, the decision of the Council of Ministers

shall be in writing.

2. The Deputy Prime Ministers and Ministers shall assist and

advise the Prime Minister.

3. The Council of Minister shall be accountable collectively based

on the principles of collective responsibility, to Parliament for all

things done including:

(a) The exercise of their powers and the performance of

their functions;

(b) The administration and implementation of legislation

assigned to them.

4. The Three (3) Deputy Prime Ministers and Ministers shall be

individually accountable to the Prime Minister for the exercise

of the powers and the performance of the functions assigned to

each of them.

5. A Minister shall attend before Parliament, or a Committee of

Parliament, when required to do so, and answer any question

concerning a matter assigned to that Minister and his/her

Ministry.

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6. The Council of Ministers shall set the General policy of the

Government in accordance with the Charter and laws of the

land.

CHAPTER NINE

PART IV

THE JUDICIARY.

ARTICLE 54

JUDICIAL AUTHORITY

1. The judicial power of the Somali Republic shall vest in the

courts.

2. The judicial power shall encompass jurisdiction over Civil,

Criminal, Administrative and Commercial matters and any

matter specified by this Charter or any other laws of the land.

ARTICLE 55

INDEPEDENCE OF THE JUDICIARY

1. The Judiciary shall be independent of the legislative and

executive branches of Government and in the exercise of their

judicial functions; the members of the judiciary shall be subject

only to the law.

2. A Judge shall be removed from office only for inability to

perform the functions of his/her office (whether arising from

infirmity of body or mind or from any other cause) or for

misbehaviour, and shall not be removed except in accordance to

this Clause.

3. A Judge shall be removed from office by the President if the

question of his/her removal has been referred to a Tribunal

appointed by the Parliament and the Tribunal has

recommended to the Parliament that the Judge ought to be

removed from office for inability as aforesaid or misbehaviour.

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4. Members of the judiciary shall not hold offices, perform

services, or engage in activities incompatible with their

functions.

5. Administrative and disciplinary measures relating to members

of the judiciary shall be adopted, as provided by law, by decree

of the President of the Republic on the proposal of the minister

of Justice and Religious Affairs and in conformity to the

decision of the Judicial Service Council.

6. The Judiciary shall not be subject to the direction of any other

organ or body.

7. The judiciary shall interpret and implement the law in

accordance with the Charter and laws.

8. Parliament shall make law setting the terms of the

appointment, dismissal, discipline and terms of service of

Judges.

ARTICLE 56

THE JUDICIAL PROCESS.

1. Judicial proceedings shall be open to the public, but the court

may decide, for reasons of morals, hygiene or public order, that

the proceedings be held in camera.

2. No judicial decision shall be taken unless all the parties have

had the opportunity of presenting their case.

3. All judicial decisions and measures concerning personal liberty

shall state the grounds thereof.

ARTICLE 57

JUDICIAL PRINCIPLES

1. No extraordinary or special courts shall be established, except

for military tribunals, which shall have jurisdiction only over

military offences committed by members of the armed forces

both during war and peacetime.

2. The public, both civilian and military shall directly participate

in Judiciary proceedings in conformity with those laws defining

such participation.

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ARTICLE 58

JUDICIAL IMMUNITY.

No criminal proceedings shall be instituted against a sitting judge,

nor be interrogated as object of criminal investigation, or his

person or domicile be searched nor shall be arrested unless caught

in the commission of a crime, or without the authorization of the

Judicial Service Council.

ARTICLE 59

APPOINTMENT OF JUDGES.

1. All the Judges shall be appointed by the President acting in

accordance with the advice of the Judicial Service Council.

2. The appointment of Judges shall be based on legal

qualifications and competence.

3. A person shall not qualify to be appointed a Judge of the

Supreme Court unless:

i. He/she is, or has been, a Judge of the Appeal Court

having unlimited jurisdiction in Civil, Commercial and

Criminal matters; or

ii. He/she is an advocate of the High Court of Somalia of

not less than five (5) years standing; or

4 If the office of a Judge is vacant, or if a Judge for any reason is

unable to discharge the functions of his/her office, or a judge

retires at the attainment of sixty-five (65) years of age; a new

judge shall be appointed on the proposal of the Judicial Service

Council by the President.

ARTICLE 60

THE COURT SYSTEM

1. The court system shall consist of:

(a) The Transitional Supreme Court

(b) The Transitional Appeal Court

(c) Other Courts established by Law

ARTICLE 61

THE SUPREME COURT.

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1. There shall be a Supreme Court, which shall be the highest

court in the Somali Republic and shall have unlimited original

jurisdiction in the whole territory in Civil, Criminal, Commercial

and such other powers as may be conferred on it by this

Charter or any other law.

2. In addition to any other jurisdiction under this Charter or any

other law, the Supreme Court shall have the power to hear and

determine judgement on any dispute about the Transitional

Federal Charter and other laws.

3. One of the Judges of the Supreme Court shall be the President

of the Court and such other Judges as may be prescribed by

Law.

4. The Judges of the Supreme Court shall have the security of

Tenure while in office.

5. Parliament shall make law regarding the structure and

composition of the Supreme Court.

ARTICLE 62

SEAT OF THE SUPREME COURT.

The seat of the Supreme Court shall be in the capital of the Somali

Republic.

ARTICLE 63

THE JUDICIAL SERVICE COUNCIL.

1. There shall be a Judicial Service Council which shall undertake

and direct the General Policy and the Administration of the

Judiciary as prescribed by law.

2. The Judicial Service Council shall comprise:-

(a) President of the Supreme Court.

(b) The Attorney General of the Republic.

(c) Three (3) Judges elected from the Supreme Court.

32

(d) Four (4) Lawyers selected from the private law

practitioners by the Law Society of Somalia.

3. Members of the Council shall enjoy similar privileges and

immunity as that of the Judges.

4. The Council shall be responsible for the appointment, transfers,

conduct, discipline and remuneration of Judges.

5. The term of each council member shall be four years.

ARTICLE 64

THE OFFICE OF THE ATTORNEY GENERAL.

1. The office of the Attorney General shall be a division of the

judicial institution and shall comprise of:-

(a) The Attorney General whose duty shall be to

safeguard the implementation of the laws in the whole

Republic. His duties, responsibilities and scope of

duties shall be specified by law ;

(b) The Attorney General shall be appointed by the

President on the recommendation of the Council of

Ministers ;

(c) The Attorney General shall be the principal legal

adviser to the Transitional Federal Government;

(d) The State and Districts Attorney Generals whose

powers are limited to specific regions and districts will

be appointed as specified in sub section (b).

2. It shall be the responsibility of the Attorney General to promote

and uphold the Rule of Law.

CHAPTER TEN

ARTICLE 65

SECURITY AND DEFENSE FORCES.

1. The Somali Republic shall have a national armed force

consisting of the army and police.

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2. The Armed forces shall faithfully abide and preserve the

Charter, the laws of the land and unity of the country.

3. The law shall regulate the structure and functions of the armed

forces and the system of cooperation and coordination amongst

them in the fulfilment of their institutional duties.

CHAPTER ELEVEN

LAND AND PROPERTY.

ARTICLE 66

THE POLICY FOR LAND.

1. Land being Somalia’s primary resource and the basis of

livelihood for the people shall be held, used and managed in a

manner which is equitable, efficient, productive and

sustainable.

2. The Government shall define and keep constant the national

land policy and framework of the land in the Somali Republic

which shall ensure the registration, use, ownership, access,

occupation, management rights, security, interests and title of

the land.

ARTICLE 67

NATURAL RESOURCES AND ENVIRONMENT PROTECTION.

1. The natural resources of the country such as the minerals,

water, flora and fauna shall be public property and a law shall

be enacted which defines the manner of exploitation for the

common good.

2. The Transitional Federal Government shall give priority to the

protection, conservation, and preservation of the environment

against anything that may cause harm to the natural

biodiversity and ecosystem.

3. Every person in the Somali Republic shall have a duty to

safeguard and enhance the environment and participate in the

34

development, execution, management, conservation and

protection of the natural resources and environment.

4. The Transitional Federal Government shall adopt urgent

measures to clean up the hazardous waste dumped on and off

shores of the Somali Republic. Compensation shall be

demanded of those found liable for such crimes.

5. The Transitional Federal Government shall take urgent steps to

reverse the trend in desertification, deforestation, environmental

degradation, illegal charcoal burning and export of endangered

wildlife species.

CHAPTER TWELVE

NATIONAL COMMISSIONS.

ARTICLE 68

INDEPENDENT COMMISSIONS AND ADMINISTRATIVE

COMMITTEES.

1. There shall be established such independent Commissions and

Committees as may be necessary.

2. The establishment of independent commissions, their

structures and functions shall be proposed by the Council of

Ministers and approved by Parliament .

3. The respective ministers shall propose the components of these

commissions to the Council as stated below:-

(a) Federal constitutional Commission

(b) National Commission for Reconciliation.

(c) National Population and Demographic Census

Commission.

(d) Civil Service Commission.

(e) National Commission for the recovery and

registration of public and private property.

(f) National Resettlement Commission.

(g) Somalia Olympic Commission.

(h) State Boundary Demarcation Commission.

(i) Disarmament and demobilization Commission.

35

(j) Economic recovery Commission;

(k) Land and Property Disputes Commission.

(l) Electoral Commission

CHAPTER THIRTEEN

INTERNATIONAL RELATIONS.

ARTICLE 69

INTERNATIONAL AND BILATERAL RELATIONS

1. The Transitional Federal Government of the Somali Republic

shall uphold the rules of international law and all international

treaties applicable to the Somali Republic and subject to the

legislative Acts of Parliament, international laws accepted and

adopted shall be enforced.
2. The Transitional Federal Government of the Somali Republic

shall uphold all bilateral agreements concluded by the Somali

Republic

CHAPTER FOURTEEN

AMENDMENT OF THE CHARTER.

ARTICLE 70

AMENDMENT OF THE CHARTER.

1. Subject to this Article, Parliament shall have the power to add,

amend, alter, vary or otherwise revise this Charter.

2. An Amendment of this Charter may be initiated only by the

introduction of a Motion for that purpose supported by not less

than one third (1/3) and passed by not less than two-thirds

(2/3) of the total members of parliament.

36

CHAPTER FOURTEEN

TRANSITORY CLAUSE AND ENTRY INTO

FORCE OF THE CHARTER.

ARTICLE 71

TRANSITIONAL PERIOD.

1. The Charter shall have legal effect pending the eventual

enforcement of the National Federal Constitution.

2. The 1960 Somalia Constitution and other national laws shall

apply in respect of all matters not covered and not inconsistent

with this Charter.

3. The Transitional Federal Government shall endeavour to

repossess and restore to the state all public properties, either

movable or immovable, within or outside the country.

4. In respect of private property currently held illegally,

Government shall endeavour to restore it to the rightful owners.

5. The Transitional Federal Government shall devote the necessary

efforts to restore peace and security, free movement of people,

goods and services, disarmament and collection of illegal

weapons in the hands of the public for safekeeping

rehabilitation and reintegration of all militia in co-operation

with regional administrations, traditional elders and members

of the international community.

6. The Transitional Federal Government shall make necessary

efforts to resettle refugees and displaced persons.

37

7. The ongoing development projects in the country may continue,

provided they do not infringe on the sovereignty of the state and

do not harm the environment. All new projects are subject to

Transitional Federal Government guidelines and approval.

8. Effective from the conclusion of the Somali National

Reconciliation Conference held in Kenya, all militia

organizations, armed groups and factions in the territory of the

Somali Republic shall cease to exist and shall turn in their

weapons to the Transitional Federal Government.

9. The present Charter shall be the basis for the federal

constitution whose draft shall be completed within two and half

(2 1/2) years and be adopted by popular referendum during the

final year of the transitional period.

10. The Transitional Federal Government shall take all

necessary measures to combat tribalism, nepotism, looting of

public properties, corruption and all fraudulent activities, which

may undermine the functioning of state organs and decent

traditions of the society.

11. The Transitional Federal Government shall audit and assess

all ongoing foreign funded development projects with a view to

establishing whether they infringe on Sovereignty or state

security or impair the culture, environment or health of the

people.

12. For the avoidance of doubt, this Charter shall come into

force on the date the delegates at the Somali National

Reconciliation Conference in Kenya approve it and continue to

be operational until the approval and enforcement of the federal

constitution.

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SCHEDULE I

THE POWER OF THE TRANSITIONAL

FEDERAL GOVERNMENT.

The Transitional Federal Government shall have authority

throughout the Somali Republic over the following matters –

1. Foreign Affairs.

2. Defence and Security.

3. Finance and Central Bank.

4. Establishment of State structures.

5. Posts and Telecommunications.

6. Immigration and Naturalization.

7. Ports Administration.

8. Planning and Economic Development.

9. Natural Resources.

10.Acceptance and licensing of private companies specifically

at national level.

11.Collecting import/export and indirect taxes.

39

SCHEDULE II

POWERS OF THE STATE GOVERNMENTS.

The State Governments shall control the following functions within

their territories -

1. Education.

2. Health.

3. Regional Roads.

4. Environment protection.

5. Regional police.

6. Housing.

7. Water and Electricity Development.

8. Agricultural Development and Water

Management.

9. Livestock and rangeland development.

10. Development of small businesses and states

business co-operations

11. Settlement of population.

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12. Develop state constitutions their state flags and

state emblem.

13. Appoint their state election committees and

implement the state elections.

14. Collect all direct taxes

15. Promote sports, arts, literature and folklore.

16. Business licenses.

17. Town planning and construction permits.

18. Public sanitation.

19. Recreation centres and child gardens.

20. General Public Health.

SCHEDULE III

The reports of the five Reconciliation Committees of the Somali National

Reconciliation Conference in Kenya 2002-2003.

SCHEDULE IV

List of the delegates, political leaders and political groups.

viva TFG

i'm confused about this one in the interpertation clause....

"c) That advances human dignity, integrity, rights and

fundamental freedoms and the Rule of Law."

advancment of "fundamental freedoms"??? ....basically freedom to be a fundamentalist...an invitation for the ICU to goin the TFG miyaa?

quote--->THE TERRITORY OF SOMALIA.

1. The Territorial Integrity and Sovereignty of the Somali Republic shall be inviolable and indivisible.

2. The territorial sovereignty of the Somali Republic shall extend to the land, the islands, territorial sea, the subsoil, the air space and the continental shelf.

3. The Somali Republic shall have the following boundaries.

(a) North; Gulf of Aden.

(b) North West; Djibouti.

(c) West; Ethiopia.

(d) South south-west; Kenya.

(e) East; Indian Ocean."


No wonder ay jabuuti UIC-da hub u dirtay
Also I do not agree with the following

quote-->"ELECTION OF THE PRESIDENT.

1. The President shall be elected by Parliament through a secret

ballot, with a two-thirds (2/3) majority of its members in the

first round whereas in the subsequent ballots shall be by simple

majority"


I am pro { what we call in French }" Suffrage Universel Direct"
kinda like what's implemented in Somaliland.

"1. The President and the Vice-President shall be elected jointly through a direct general election by means of a secret ballot."
http://www.somalilandforum.com/somalila ... gment2.htm

fukk this charter

it ain't the XHKS Charter

If the president is elected by 2/3 of the parliament , back door deals and all kinda crooked shyte baa ka dhacaya meesha. That's why every man and woman should vote for their president{ picture kiisa ayaa ku filan even if they're illeterate}

oh and i almost forgot about the WELFARE....watchout now..somalidii Canada joogtey oo dhan baa somalia ku soo noqon iyagoo dheg la qabto laheyn.

If you cut the top "Bismillahi Rahmani Rahim", and may be one more line, you can use the rest as toilet paper.
A kenya lawer wrote those nonsense while the Islamic courts were using the Quran as their charter.

koxda Imbigathi