Introduction
The revisions to the Somaliland Constitution were adopted by the Houses of Parliament on 30th April 2000. The Constitution, which has now been re-published, consists of a Preamble (Arar) and five main Chapters (Qaybo) each of which is sub-divided into Parts (Xubno). There is now a total of 130 Articles (Qodobo) as compared to the previous 156 Articles. Translating a Constitution (or any other law) requires precision of language. Where additional words, which are not in the original Somali language version of the Constitution, are required to express more accurately the meaning of the phrases and legal concepts, these are put in italics and in brackets. Clearly, for interpretation purposes, the Somali version is the official source document, and will remain so even if the Somaliland Government issues an official English Language version. However, to enable a better understanding of the Constitution, I have added, sparingly, footnotes to explain some of the concepts.
Somaliland has had other Constitutional documents, which are all of historical significance to the nation. These range from the international treaties signed by the various Somaliland communities with the British government, and the various constitutional arrangements prior to independence in 1960 to the Declaration of Re-assertion of Sovereignty in 1991 (in Burao) at one of the earliest grand conferences of the Somaliland communities. Although the Republic stood as an independent country for a short period in June 1960, it was pre-occupied with pursuing the chimera of Greater Somalia prior to its voluntary unification with Somalia and no comprehensive constitution was adopted during that short period, but the State of Somaliland had its own Constitution which was drafted in early 1960.
The first main Constitutional document of the independent Somaliland was the National Charter (Axdi Qaran) which was signed by the Conference of the Somaliland Communities in 1993 in Borama. This was followed by the first Somaliland Constitution which was adopted at the conference of the Somaliland Communities in Hargeisa in February 1997. Under article 151 of this Constitution, it was laid down that the Constitution shall be implemented for a period of three years from its approval in February 1997, and shall come into force fully once a referendum has been held. There was a provision for this interim period to be increased by the two Houses of Parliament, and in early 2000, the two Houses voted that the period be increased by one year. This was primarily to give more time for the completion of the revision of the Constitution (before its submission to the nation at a Referendum) and for putting in place the laws and mechanisms for changing the current “representative” democracy in Somaliland to a popular democracy based on the direct elections of the President and the Parliament.
Although initially the Somaliland Government proposed fairly extensive amendments to the Constitution in 1999, the final revised Constitution is not very different from the last one and the reduction of the number of articles from 156 to 130 has been largely achieved by the amalgamation of some articles, rather than by extensive repeals. Unlike the earlier draft proposals, the parts of the Constitution relating to directive principles and to human rights have all been retained. On the whole, the revisions tidied up the Constitution and no fundamental changes have been made. [To read comments by the Somaliland Forum Ad Hoc Committee for the Constitution on the extensive amendments proposed by the government in 1999, click here]
As this translation is still very largely based on my earlier translation of the previous Constitution, I must express again my gratitude to Abdillahi Awad Egeh for his invaluable comments; and to Mohamed Hassan Nur and Jama Muse Jama, for their comments and for making it possible for the translation to be presented on the internet. It still remains to be said, however, that all errors and omissions are mine, and I would be grateful for any comments or criticisms at ihhjama@hotmail.com
Ibrahim Hashi Jama
© June 2000
| The original version is of historical importance in that it is the first comprehensive Constitution of the Republic of Somaliland. Although the Republic stood as an independent country for a short period in June 1960, it was pre-occupied with pursuing the chimera of Greater Somalia prior to its voluntary unification with Somalia and no comprehensive constitution was adopted during that short period. Thus, we will keep the original version also at this site for historical purposes.
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| Go to the original Constitution page: Somali | Comments on revisions to the Original Constitution | |
THE CONSTITUTION OF THE REPUBLIC OF SOMALILAND
(AS AMENDED) The people of Somaliland in a Referendum, under Article 130 of the Constitution, formally adopted this Constitution on 31 May 2001
ARRANGEMENTS OF THE CHAPTERS
(This is now part of the Revised Constitution)
PREAMBLE
CHAPTER ONE
Part One
General Provisions
Article 1: The State of the Republic of Somaliland
Article 2: The Territory of the Republic of Somaliland
Article 3: The Capital
Article 4: Citizenship
Article 5: Religion
Article 6: Language
Article 7: The Flag, the Emblem and the National Anthem
Part Two
General Principles
Article 8: Equality of Citizens
Article 9: The Political System
Article 10: Foreign Relations
Article 11: The National Economy
Article 12: Public Assets, Natural Resources and Indigenous Production
Article 13: Banks
Article 14: Taxes and Duties
Article 15: Education, Youth and Sports
Article 16: Promotion of Knowledge and Literature, Arts and Culture
Article 17: Health
Article 18: Environment and Disaster Relief
Article 19: Care of the Vulnerable in Society
Article 20: Work, Trade, and the Welfare of Employees
Part Three
The Rights of the Individual, Fundamental Freedoms and the Duties of the Citizen
Article 21: Implementation and Interpretation
Article 22: Political, Economic, Social and Electoral Rights
Article 23: Freedom of Movement and Association
Article 24: The Right to Life, Security of the Person, Respect for Reputations, and Crimes Against Human Rights
Article 25: The Right to Liberty, Guarantees and the Conditions of Rights and Freedoms
Article 26: Crime and Punishment
Article 27: The Rights of Persons Deprived of their Liberty
Article 28: The Right to Sue and Defend
Article 29: The Sanctity of the Home
Article 30: Freedom of Communication
Article 31: The Right to Own Private Property
Article 32: Freedom of Public Demonstration and Expression of Opinion, Freedom of the Press and Other Media
Article 33: Freedom of Belief
Article 34: The Duties of the Citizen and Punishment for Failure to Fulfill them
Article 35: Extradition of Accused or Convicted Persons and Political Asylum
Article 36: The Rights of Women
CHAPTER TWO
THE STRUCTURE OF THE STATE
Article 37: The Powers and the Sovereignty of the State
Part One
The Legislative Branch
Article 38: The Parliament and Joint Sittings
The House of Representatives
Article 39: General Provisions of the House
Article 40: The Total Membership of the House and Elections
Article 41: Eligibility for Candidacy
Article 42: Period of Office and Election Term
Article 43: The Seat of the House
Article 44: The Convening of the New House
Article 45: The Meetings of the House of Representatives
Article 46: Sessions and the Procedures of the House of Representatives
Article 47: The Pay and Remuneration of the House of Representatives
Article 48: Prohibition of Holding other Responsibilities
Article 49: The Privileges of the Members of the House of Representatives
Article 50: Loss of Membership of the House of Representatives
Article 51: Filling Vacant Seats in the House of Representatives
Article 52: Staff of the House of Representatives
Article 53: The Powers and Duties of the House of Representatives
Article 54: The Legislative Powers of the House of Representatives
Article 55: The Budget
Article 56: Dissolution of the House of Representatives
Part 2
The House of Elders
Article 57: General Provisions of the House
Article 58: The Election of the Members of the House and their Period of Office
Article 59: Eligibility for Election to Membership of the House of Elders
Article 60: The Total Membership of the House of Elders
Article 61: The Powers and Duties of the House of Elders
Article 62: The Inaugural Meeting of the House of Elders
Article 63: The Secretary of the House and Advisers
Article 64: The Rules of the House
Article 65: The Pay and Remuneration of the House of Elders
Article 66: The Privileges of the Members of the House of Elders
Article 67: Resignation of Members of the House of Elders
Article 68: Loss of the Membership of the House of Elders
Article 69: The Dissolution of the House
Article 70: Prohibition of Holding other Responsibilities and of Private Gain
Article 71: Meetings and Sessions
Article 72: Vacant Seats in the House of Elders and Procedures for Filling them
Article 73: The Seat of the House of Elders
Article 74: The Introduction of Bills
Article 75: The Enactment, Promulgation and Implementation of Legislation
Article 76: Bills
Article 77: Procedures for Legislation
Article 78: Non-Financial Bills
Article 79: Accusations against the Members of the Houses
CHAPTER THREE
THE EXECUTIVE
Part One
Article 80: The President and the Vice-President
Article 81: The Executive Branch
Article 82: The Conditions of Eligibility for Election as President or Vice-President
Article 83: Election Procedures
Article 84: The President and the Vice-President
Article 85: Matters which the President and the Vice-President are not Allowed
Article 86: Vacancy of Office and the Procedure for the President and the Vice-President to Vacate their Office
Article 87: Salary and Emoluments
Article 88: Term of Office
Article 89: Procedure for Filling the Vacancy
Part Two
Article 90: The Powers of the President
Article 91: Powers of the Vice-President
Article 92: Other Powers of the President Relating to Emergency Laws
Article 93: The Protocol of the Senior Leaders of the State
Article 94: The Council of Ministers
Article 95: The Continuation of Responsibilities
Article 96: Accusation against and Impeachment of the President, the Vice-President and the Ministers
CHAPTER FOUR
Part One
The Judiciary
Article 97: The Judicial Branch
Article 98: The Exclusive Powers of the Judiciary
Article 99: The Structure of the Judiciary
Article 100: The Courts
Article 101: The Supreme Court
Article 102: The Lower Courts
Article 103: The Procuracy
Article 104: The Courts and Procuracy of the armed Forces
Article 105: The Appointment of the Chairman and Judges of the Supreme Court
Article 106: The Relationship of the Judicial Bodies and the Ministry of Justice
CHAPTER FIVE
MISCELLANEOUS PROVISIONS
Part One
Article 107: The Judicial Commission
Article 108: The Functions of the Judicial Commission
Part Two
Article 109: The Structure of the Country
Article 110: The Administration of the Regions and the Districts
Article 111: The Regional and District Councils
Article 112: The De-centralisation of Administrative Powers
Part Three
Article 113: Special Organs of State
Article 114: The Appointment of and Removal from Office of Heads of the (State) Organs
Article 115: The Ulema Council and their Responsibilities
Article 116: The Total Membership of the Council and Term of Office
Article 117: The Conditions of Membership
Article 118: Matters which Members are not Allowed
Article 119: The Appointment of the Members of the Ulema Council
Article 120: Vacancies in the Membership of the Ulema Council
Article 121: Salaries and Remuneration
Article 122: The Law of the Organs of State
Part Four
Article 123: The Principles of the National Armed Forces
Article 124: The Police and the Corrections Forces
Article 125: The Preparation of the Referendum Law and the Appointment of the Referendum Committee
Article 126: Amendments or Corrections of the Constitution
Article 127: The Limits of Amendments or corrections of the Constitution
Article 128: The Basis of and the Supremacy of the Constitution
Article 129: The Constitutional Oath
THE CONSTITUTION OF THE REPUBLIC OF SOMALILAND
(As Amended) The people of Somaliland in a Referendum, under Article 130 of the Constitution, formally adopted this Constitution on 31 May 2001
IN THE NAME OF ALLAH, THE COMPASSIONATE AND THE MERCIFUL
PREAMBLE
IN PURSUANCE of the resolutions of the Conference of the Somaliland Communities held in Burao on 27th April to 5th May 1991, which reaffirmed (our) independence with effect from 18th May 1991;
NOTING that the Conference of the Elders of the Somaliland Communities held in Borama from 24th January to 25th May 1993 adopted a National Charter which:
· laid down that a national constitution which will replace the national charter be prepared and consulted upon within a year; (and)
· set out clearly the constitutional principles and the governmental structures, confident in their communities’ inalienable right to decide their destiny;
HAVING experienced the dire consequences of the application of a constitution not grounded on the nation’s beliefs, culture and aspirations, as was the case for a period of thirty years;
HAVING experienced the devastation wrought by a regime based on dictatorship and a policy of divide and rule to which the country was subjected for over twenty years, and ever vigilant of the return of such a regime;
REMEMBERING the series of struggles waged by the people, such as that of the “Darawiish”[1], religious leaders and political parties;
MINDFUL of the vigorous campaign led by the patriotic organisation, the SNM[2], which culminated in the reassertion of (our) independence which was achieved through sacrifice of life and property so that the nation can enjoy a governmental system which meets its needs;
DESIROUS of a state which fulfils the aspirations of the nation, and is thereby appreciated by all, and which is founded on equality and justice;
RECOGNISING that lasting stability and peace can be achieved through a synergy between the economic system and the aspirations of the nation;
CONFIDENT that the Somaliland nation is a family that has everything in common, such as religion, culture, customs and language; and whose members are no different from each other and are ready to build together a state in which everyone has equal status;
AWARE that the preparation of the Constitution has gone through various stages and committees, such as the Constitution Working Party which was enjoined by the third General Conference on 26th November 1996[3] to sift through the two draft versions of the Constitution; and more recently, the corrections and amendments made by the two Houses of Parliament on 30th April 2000; and that the Constitution was based on the following issues:
a. The Islamic Sharia.
b. Conclusions from the various consultations.
c. The separation of powers of the state as between the legislative, the executive and the judiciary.
d. The decentralisation of the administration of the government.
e. Guarantees of private property rights and the protection of the free market.
f. Sanctity of human life through the entrenchment of fundamental rights and individual freedoms.
g. Peaceful and proper co-existence with the states in the region and world wide;
HAVING thoroughly considered the spirit and words of the preamble and the rest of the Constitution;
The people of Somaliland hereby approve and proclaim to the whole world on this …… day of …….., that this constitution has been adopted as the nation’s Constitution.
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