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Dastuurkii Jamhuuriyadda Soomaaliya 1960/1963 ... Hoos ka akhri (English)
Tarjumaadda
Dastuurkii 1960 (Waxaa la tarjumay 2007)
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 Łor 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. PART IV ORGANIZATION OF THE STATE TITLE I The National Assembly SECTION I Organization of the National Assembly Article 49 Legislative Power The legislative power shall be vested in the National Assembly. Article 50 The Doctrine of Islam in the Legislation The doctrine of Islam shall be the main source of the laws of theState. Article 51 National Assembly 1. The National Assembly shall consist of deputies elected by thepeople by universal, free, direct and secret ballot, and of deputies as ofright. 2. The number of deputies and the electoral system shall beestablished by law. 3. Every citizen who has the right to vote and who in the year of theelections has completed at least twenty-five years of age shall be eligibleto be a deputy. The law shall prescribe the grounds for ineligibility andincompatibility with membership in the National Assembly. 4. Whoever has been President of the Republic shall become a deputy forlife as of right, in addition to the elected deputies, provided that he has notbeen convicted of any of the crimes referred to in paragraph 1 of Article. Article 52 Term of Office and Elections I. Each legislature shall be elected for a period of five years starting fromthe proclamation of the electoral results. Any modification of this term ofoffice shall have no effect on the duration of the legislature during whichsuch decision is taken. 2. The date for the elections to the new Assembly shall be fixed by thePresident of the Republic and shall take place during the last thirty days ofthe legislature in session. 3. The new Assembly shall meet for the first time within thirty days of theproclamation of the electoral results. Article 53 Dissolution of the Assembly 1. The Assembly may be dissolved before the end of its term of officeby the President of the Republic, having heard the opinion of the Presidentof the Assembly, whenever it cannot discharge its functions or dischargesthem in a manner prejudicial to the normal exercise of legislative activity. 2. By the same decree dissolving the Assembly, the President of theRepublic shall fix the date for the new elections, and the elections shalltake place within sixty days of the dissolution. 3. No dissolution shall take place during the first year in office of theAssembly, nor during the last year in office of the President of theRepublic. 4. The outgoing Assembly shall retain its powers in all cases until theproclamation of the electoral results for the new Assembly. Article 54 Sessions of the Assembly 1. The Assembly shall hold two annual sessions commencing,respectively, in the months of April and October . 2. The Assembly may be convened in extraordinary session by itsPresident, or on the request of the President of the Republic, or of theGovernment, or of one fourth of the deputies. Article 55 Organization 1. At its first meeting, the National Assembly shall elect, from amongthe deputies, a President, one or more Vice-Presidents and the othermembers of the office of the Presidency. 2. Law and order in the Assembly shall be maintained by theAssembly itself through its President or through whoever acts in his place,in accordance with rules or procedure. 3. The meetings of the Assembly shall be public. In exceptional casesonly, the Assembly may decide to meet in closed session on the motion ofits President, or at the request of the President of the Republic, or of theGovernment, or of not less than thirty deputies. 4. The decision of the Assembly shall not valid unless the absolutemajority of the deputies, not counting the seats declared vacant, arepresent. 5. All decisions shall be taken by a vote of the majority of thosepresent except when a special majority is required by the Constitution orby law. 6. No proposal rejected by the Assembly may be re-introduced untilsix months have elapsed after the rejection. Article 56 Participation of the Ministers and Under-Secretaries of State 1. Ministers and Under-Secretaries shall have the right to attend themeetings of the Assembly and of the committees and to take part in thediscussion. Officials and experts, at therequest of Ministers, may also attend such meetings and be heard 2. Ministers and Under-Secretaries shall be present at the meetings ifrequested by the Assembly. Article 57 Rules of Procedure Except as otherwise provided by the Constitution, the conduct ofbusiness in the Assembly shall be governed by rules of procedureapproved by the Assembly on the proposal of its President or of at leastfive deputies. Article 58 Deputies 1. Every deputy represents the people and shall exercise his functionswithout being bound by any mandate. 2. Upon assuming his functions, each deputy shall take the followingoath of loyalty to the State before the Assembly: «In the name of God, Iswear that I will discharge faithfully all my duties in the interest of thepeople and will abide by the Constitution and the laws». 3. Deputies shall not be prosecuted for facts mentioned, opinionsexpressed or votes cast in the exercise of their functions. 4. Without the authorization of the Assembly, no criminalproceedings shall be instituted against a deputy, nor shall adeputy be arrested or otherwise deprived of personal liberty nor shall hisperson or domicile be subjected to search, except in case of flagrantedelicto for a crime in respect of which a warrant or order of arrest ismandatory, nor shall he be placed under arrest or detention in execution ofa sentence, even where it has become final. 5. In cases other than those involving criminal proceedings, an actionmay be taken against a deputy in accordance with law, withoutauthorization of the Assembly. 6. Deputies in office shall be entitled to the emoluments and dailysitting allowances fixed by law. Article 59 Decisions on the Validity of the Qualifications of Deputies 1. The Supreme Court shall have jurisdiction over petitionschallenging the qualifications of deputies. 2. Petitions, stating the grounds thereof, may be filed by any citizen,who is a voter, within thirty days of .the proclamation of the electoralresults or of the occurrence of the cause of incompatibility or ineligibility. 3. The Supreme Court shall give a decision within ninety days fromthe date of expiry of the time-limit fixed for the filing of petitions. 4. Where a deputy ceases to exercise his functions, his seat shall bedeclared vacant by the Assembly and shall be filled in the mannerprescribed by law: SECTION II Preparation of Laws and Other Functionsof the National Assembly Article 60 Presentation and Discussion of Draft Laws 1. Each deputy, the Government or at least 10,000 voters, shall havethe right to present draft laws to the National Assembly. 2. The exercise of popular initiative shall be governed by law, andshall not pertain to matters of taxation. 3. Prior to the discussion in the Assembly, every draft law shall beexamined by a parliamentary committee which shall present one or morereports thereon to the Assembly. 4. The Assembly shall discuss each draft law in accordance with therules of procedure. It shall vote on it article by article, and in the end itshall vote on the draft law as a whole. Article 61 Promulgation and Publication 1. Every law approved by the Assembly shall be promulgated by thePresident of the Republic within sixty days of its approval. 2. Where the Assembly declares, by an absolute majority of itsmembers, that there is an urgent need, a law shall be promulgatedwithin the time-limit fixed by the Assembly, provided that suchtime-limit shall not be less than five days. 3. Within the period fixed for promulgation, the President of theRepublic may transmit to the Assembly a message, stating the groundsthereof, requesting that the law be reconsidered. 4. Where the Assembly approves such law again by a two-thirdmajority, the President of the Republic shall promulgate it within thirtydays of the approval. 5. Every law approved by the Assembly and promulgated by the Headof the State shall be published in the Official Bulletin and shall come intoforce on the fifteenth day following its pub- lication, unless the lawprovides otherwise. Article 62 Delegation of Legislative Power 1. The Assembly may delegate to the Government the power to issue,on specified subjects or matters and for a limited period, provisions havingthe force of law. In delegating authority, the Assembly may establish thepolicy and issue directives. 2. Provisions made under a delegated power shall be issued by decreeof the President of the Republic on proposals approved by the Council ofMinisters. Article 63 Decree-Laws 1. In a case of urgent necessity, the Government may issue temporaryprovisions having the force of law. Such provisions shall be issued bydecree of the, President of the Republic, onproposals approved by the Council of Ministers, and shall, within fivedays from the date of their publication, be presented to the NationalAssembly for conversion into law. 2. If in session, the Assembly shall decide on their conversion intolaw within thirty days of the date of presentation; if not in session, it shalldecide within thirty days of its first subsequent meeting. 3. Provisions which are not converted into law shall cease to haveeffect ab initio; the Assembly may, however, decide that such effect shallcease on a different date and may regulate the legal consequences arisingfrom the non-conversion of such provisions. Article 64 Amnesty and Indult 1. The power of granting amnesty and indult may be delegated to thePresident of the Republic by a law approved by the Assembly, by a twothirdmajority of the deputies. 2. Amnesty and indult may not be granted in respect of offencescommitted after the presentation of the draft law on the delegation ofpowers. Article 65 Taxation and Expenditure 1. The imposition, modification and abolition of taxes shall beeffected only by law. 2. Laws involving new or larger State expenditure, shall specify themeans for meeting such expenditure. 3. In the case of an expenditure to continue for more than one year,the means to meet it may be limited to the budget for the current year. Article 66 Budget and Annual Accounts 1. The Assembly shall approve each year the estimated budget, whichshall be presented by the Government at least two months before the endof the financial year. 2. The law approving the budget may not establish new fiscal chargesand new expenditures. 3. Provisional application of the budget may be authorized by law forperiods not exceeding three months in toto. 4. Within the first six months of each financial year, the Governmentshall present to the Assembly, for approval, the Annual Accounts relatingto the previous financial year. Article 67 International Treaties The Assembly shall authorize by law the ratification of political,military and commercial international treaties or of treaties which involvea modification of the law or financial commitments not included in thebudget. Article 68 State of War The Assembly shall authorize the declaration of a state of war andconfer on the Government the necessary powers. Article 69 Power of Investigation of the Assembly 1. Each deputy shall have the right to put questions or to submitinterpellations to the Government and to propose motions to theAssembly. The Government shall reply within twenty days. 2. The Assembly may order investigations through committeesconsisting of deputies from all parliamentary groups, in order toinvestigate occurrences or situations of public interest. When it decides toorder such an investigation the Assembly shall establish, within the limitsof the Constitution, the powers of the committee; it may also appointexperts to co-operate with the committees. TITLE II The President of the Republic Article 70 Election 1. The President of the Republic shall be the Head of the State andrepresent the unity of the nation. 2. The President of the Republic shall be elected, by secret ballot, bythe National Assembly, with a majority of two thirds of its members on thefirst and second ballots, or by an absolute majority of its members insubsequent ballots. 3. On assuming his functions, the President of the Republic shall takethe following oath of loyalty to the State before theNational Assembly: «In the name of God I swear that I will dischargefaithfully all my duties as President of the Republic and defend theConstitution with all my strength in the interest of the Country and theNation». Article 71 Qualifications for Eligibility 1. Any Muslim citizen whose father and mother are both originalcitizens, and who has the right to vote and is not less than forty five yearsof age, shall be eligible to .become President of the Republic. A personshall not be elected consecutively for more than two terms.2. The President of the Republic shall not have been married to, norshall he marry during his term of office, any woman who is not an originalcitizen. 3. The President of the Republic during his term of office shall notexercise any other public function, except the right to vote, nor shall heengage in any professional, commercial, industrial or financial activity. Article 72 Term of Office 1. The term of office of the President of the Republic shall be sixyears from the date of his taking the oath. Any modification of this periodshall not apply to the President in office. 2. The President of the National Assembly shall fix the date for theelection of the new President of the Republic. Theelection shall take place within thirty days prior to the expiry of the term ofoffice of the President of the Republic. 3. Where the National Assembly is dissolved or where its term is dueto expire within less than three months, the election of the President shalltake place within thirty days following the first meeting of the newAssembly. During that period the President in office shall continue inpower. Article 73 Emoluments and Establishment of thePresident of the Republic The emoluments of the President of the Republic and the amountrequired for his establishment shall be fixed by law. Article 74 Disability, Resignation, Death 1. In case of death, resignation, or permanent disability of thePresident of the Republic, the National Assembly shall meet within thirtydays to elect a new President of the Republic. 2. Until the election provided for in the preceding paragraph hastaken place and in cases when the powers of the President in office havebeen suspended under Article 76, as well as in all cases of temporarydisability, the functions of the President shall be temporarily exercisedwith full legal effect by the President of the National Assembly, or, in hisabsence, by the most senior Vice-President. 3. In case of resignation, the President of the Republic shall givewritten notice thereof to the National Assembly. Article 75 Powers and Duties The President of the Republic shall exercise the functionsconferred upon him by the Constitution and by law, in the legislative,executive and judicial fields. In addition, he shall: a) authorize the presentation to the National Assembly of draftlegislation originating with the Government; b) address messages to the National Assembly; c) grant pardon and commute sentences; d) accredit and receive diplomatic agents; e) ratify international treaties, after previous authorization from theNational Assembly, where required; f) be the commander-in-chief of the Armed Forces; g) declare a state of war after authorization from the NationalAssembly in accordance with Article 68; h) confer State honours. Article 76 Responsibility 1. The President of the Republic shall not be responsible for actsperformed in the exercise of his functions, except for crimes of hightreason or attempts against the constitutional order, as provided by law. 2. The responsibility for acts of the President shall rest with the PrimeMinister and the competent Ministers who subscribe to them. 3. In case of high treason or attempts against the constitutional order,the President of the Republic shall be impeached by a decision of theNational Assembly taken on the motion of at least one fifth of its membersand approved by secret ballot by a majority of two thirds of the deputies;he shall be tried by the Supreme Court constituted as the High Court ofJustice. 4. Except in the cases mentioned in the preceding paragraph, thePresident of the Republic shall not be tried for any penal offence exceptwhen the Assembly gives its authorization, approved by secret ballot by amajority of two thirds of the deputies. 5. An approval of impeachment for high treason or for an attemptagainst the constitutional order or an authorization to institute criminalproceedings for any other offence shall entail the automatic suspension ofthe powers of the President. TITLE III The Government SECTION I Organization of the Government Article 77 Executive Power The executive power shall be vested in the Government. Article 78 The Government 1. The Government shall be composed of the Prime Minister and theMinisters. 2. The meeting of the Prime Minister and the Ministers shallconstitute the Council of Ministers. 3. The Prime Minister shall be appointed and dismissed by thePresident of the Republic. 4. The Ministers shall be appointed and dismissed by the President ofthe Republic on the proposal of the Prime Minister . 5. Before assuming their functions, the Prime Minister and theMinisters shall take the following oath of loyalty to the State before thePresident of the Republic: «In the name of God I swear that I willdischarge faithfully my duties in the interest of the people and will abideby the Constitution and the laws.« Article 79 Under-Secretaries of State 1. The Ministers may be assisted by Under-Secretaries of State whoshall be appointed and dismissed by the President of the Republic, on theproposal of the Prime Minister, having heard the Council of Ministers. 2. The Under-Secretaries shall assist the Ministers and exercise thefunctions delegated to them. 3. Before assuming their functions, the Under-Secretaries shall takethe following oath of loyalty to the State before the Prime Minister: «In thename of God I swear that I will dischargefaithfully my duties in the interest of the people and will abide by theConstitution and the laws.” Article 80 Qualifications for Appointment of Ministersand Under-Secretaries 1. Any citizen possessing the qualifications required for election as adeputy may be appointed as Minister or Under-Secretary. 2. A Minister or Under-Secretary, during his period in office, shallnot exercise any other public functions, except the exercise of the right tovote and of the functions as deputy in the National Assembly, nor shall heengage in professional, commercial, industrial or financial activities. Heshall not directly or indirectly obtain the lease of, or purchase propertybelonging to the State or to public bodies, except for premises to be usedas his personal residence. He shall not, furthermore, sell or lease his ownproperty to the State or to public bodies, or participate in a personalcapacity in State enterprises or in enterprises controlled by the State. Article 81 Presidency of the Council of Ministers and Ministries 1. The functions of the Presidency of the Council of Ministers as wellas the number and the functions of the Ministries shall be established bylaw. 2. The organization of the Presidency of the Council of Ministers, ofthe Ministries and of subordinate offices shall be laid down in regulationsissued by decree of the President of the Republic. Article 82 Confidence of the National Assembly 1. The Government shall obtain the confidence of the NationalAssembly within thirty days of its formation. The Government shallpresent itself to the Assembly and request its confidence. Subsequently,the Government may ask the Assembly to express its confidence at anytime. 2. The National Assembly shall express its confidence or noconfidenceby means of a motion, stating the grounds thereof, approved bya simple majority in open vote. 3. A motion of no-confidence, stating the grounds thereof, may alsobe proposed at any time, by at least ten deputies, and shall be examinednot earlier than five days after its presentation. In order to be carried, itshall require an absolute majority in open vote. 4. Upon a vote of no-confidence by the Assembly, all the members ofthe Government shall resign. 5. The resigning Government shall continue in office for the purposeof carrying out routine duties until the appointment of the newGovernment. SECTION II Activities of the Government and Subordinate Organs Article 83 Powers and Responsibilities of the Prime Ministerand the Ministers 1. The Prime Minister shall direct the general policy of theGovernment and shall be responsible therefor. He shall maintainthe unity of the Government's policy by co-ordinating and promotingthe activities of the Ministers. 2. The Ministers shall direct the affairs within the competence of theirMinistries and shall be individually responsible therefor. 3. The Prime Minister and the Ministers shall be jointly res- ponsiblefor the acts of the Council of Ministers. Article 84 Penal Responsibility of the Prime Minister and the Ministries 1. The Prime Minister and the Ministers are responsible for offencescommitted in the exercise of their functions. 2. In respect of such offences, the Prime Minister and the Ministersshall be impeached on a decision of the National Assembly taken on themotion of at least one fifth of its members and approved by secret ballotby a majority of two thirds of the deputies; they shall be tried by theSupreme Court constituted as the High Court of Justice. 3. Except as provided in the preceding paragraph, no criminalproceedings shall be instituted against the Prime Minister or the Ministers,except by authorization of the Assembly, approved by secret ballot by amajority of two thirds of the deputies. 4. The Prime Minister or a Minister committed for trial before theHigh Court of Justice shall be automatically suspended from exercising hisfunctions. Article 85 Power to Issue Regulations Regulations shall he issued by decree of the President of theRepublic on proposals approved by the Council of Ministers.The power to issue regulations on specific matters may be given by law toother organs of the State and to public bodies. Article 86 Administrative Decentralization Whenever possible, administrative functions shall be decentralizedand performed by the local organs of the State and by public bodies. Article 87 Appointment of High Officials High officials and commanders oŁ the military forces specified bylaw shall be appointed by the President of the Republic, on the proposal ofthe competent Minister approved by the Council of Ministers. Article 88 Civil Servants and Public Employees 1. Civil servants and public employees shall exercise their functionsin accordance with the law and solely in the public interest. 2. Civil servants and public employees may not be leaders of politicalparties. 3. The categories of civil servants and public employees who shallnot belong to political parties or engage in other activities incompatiblewith their functions shall be established by law. 4. Any civil servant or public employee who is on leave for anyreason shall not be promoted except on grounds of seniority. 5. The status of civil servants shall be established by law. 6. Appointments to the permanent establishment of the civil serviceshall be made only after a public competitive examination, except in thecases provided by law. Article 89 Civil Service Commission 1. A Civil Service Commission shall be established by a law whichshall provide for its composition and powers. 2. The law establishing the Civil Service Commission shall guaranteethe independence of its functions. SECTION III Auxiliary Bodies Article 90 Magistrate of Accounts 1. The Magistrate of Accounts shall exercise a prior control over thelegality of Government acts involving financial obligations and a postauditon the State budget. 2. The Magistrate of Accounts shall participate, in the mannerspecified by law, in the control over the financial managementof agencies to which the State makes a regular contribution, and ofagencies to which the State makes a substantial contribution as anextraordinary measure. 3. He shall report to the National Assembly on the results of his audit. 4. The law shall regulate the organization of this organ and guaranteethe independence of its functions; it shall ensure that the organs andagencies subject to audit have the right to be heard in any judicialproceeding connected therewith. Article 91 National Economic and Labour Council The National Economic and Labour Council shall be composed, inthe manner prescribed by law, of experts and representatives of categoriesof producers of national wealth in proportion to their numerical strengthand economic importance. It shall be an advisory body to the National Assembly and to theGovernment in respect of matters and functions assigned to it by law. TITLE IV The Judiciary Article 92 Judicial Power The judicial power shall be vested in the Judiciary. Article 93 Independence of the Judiciary The Judiciary shall be independent of the executive and legislativepowers. Article 94 Supreme Court 1. The Supreme Court shall be the highest judicial organ of theRepublic. It shall have jurisdiction over the whole territory of the STate incivil, criminal, administrative and accounting matters, and in any othermatter specified by the Constitution and by law. 2. The organization of the Supreme Court and of the other judicialorgans shall be established by law. Article 95 Unity of the Judiciary 1. No extraordinary or special courts shall be established. 2. There may only be established, as part of the ordinary courts,specialized sections for specific matters, with the participation, wherenecessary, of citizens who are experts, from outside the Judiciary. 3. The jurisdiction of Military Tribunals in time of war shall beestablished by law. In time of peace, they shall have jurisdictiondiction only in respect of military offences committed by members of theArmed Forces.[Note: As amended by Law No.6 of 30 January 1963.] 4. The people shall participate directly in assize proceedings, in themanner prescribed by law. Article 96 Judicial Guarantees 1. In the exercise of their judicial functions, the members of theJudiciary shall be subject only to law. 2. The rules concerning the legal status and the appointments ofmembers of the Judiciary shall be established by law. 3. Members of the Judiciary shall not be removed or transferredexcept in the cases specified by law. 4. Members of the Judiciary shall not hold offices, perform servicesor engage in activities incompatible with their functions. 5. Administrative and disciplinary measures relating to members ofthe Judiciary shall be adopted, as provided by law, by decree of thePresident of the Republic, on the proposal of the Minister of Grace andJustice, having heard the Higher Judicial Council. Article 97 Judicial Procedure 1. Judicial proceedings shall be public; the court may decide,however, for reasons of morals, hygiene or public order, that theproceedings be held in camera. 2. No judicial decision shall be taken unless all the parties have hadon opportunity of presenting their case. 3. All judicial decisions and all measures concerning personal libertyshall state the grounds therefor, and shall be subject to appeal inaccordance with law. 4. The Police and Armed Forces shall be directly available to thejudicial organs for the performance of acts pertaining to their functions. PART V CONSTITUTIONAL GUARANTEES Title I Review of the Constitutionality of Laws Article 98 Constitutionality of Laws 1. Laws and provisions having the force of law shall conform to theConstitution and to the general principles of Islam. 2. In the course of a judicial proceeding, the question of theconstitutionality of a law or a provision having the force of law may beraised, as to the form or substance, by means of a petition of the partyconcerned or of the Office of the Attorney General, or by the court on itsown motion, where the decision depends, even though partially, on theapplication of the law or provision being challenged. 3. Where a petition is presented by the party concerned or by theOffice of the Attorney General while the case is pending before a court offirst or second instance, the court, where it finds the petition not manifestlyunfounded, shall suspend judgment and refer the matter to the SupremeCourt for a decision, which shall be binding upon the former court. 4. Where a petition is presented while the case is pending before theSupreme Court, the Supreme Court, where it finds the petition notmanifestly unfounded, shall suspend judgment and proceed according to 5. The same procedure shall apply where the question ofconstitutionality is raised by a court of first or second instance, or theSupreme Court, on their own motion. Article 99 Constitutional Court 1. A question of constitutionality shall be decided by the SupremeCourt constituted as the Constitutional. Court, with the addition of twomembers appointed for a period of three years by the President of theRepublic, on the proposal of the Council of Ministers and two members,elected for the same period by the National Assembly by an absolutemajority. 2. The qualifications of the additional members shall be prescribed bylaw. Article 100 Judgment A decision of the Supreme Court declaring that a. law or aprovision having the force 'of law is unconstitutional shall becommunicated by the Court to the" President of the Republic,the President of the National Assembly and the Prime Minister, and shallbe published in the manner prescribed for the publication of laws. TITLE II Criminal Proceedings Against the President of the Republicand the Members of the Government Article 101 Impeachment 1. The articles of impeachment approved by the National Assemblyunder Article 76 or Article 84, shall specify the acts alleged to have beencommitted by the President of the Republic or any member of theGovernment and their accomplices, if any. 2. The National Assembly shall appoint, from among its members, orfrom outside, one or three Prosecuting Commissioners who shall act asPublic Prosecutor in proceedings before the Supreme Court constituted asthe High Court of Justice. Article 102 High Court of Justice The Supreme Court constituted as the High Court of Justice shallconduct the trials with six additional members, drawn by lot by thePresident of the Court at a public hearing from a special list of twelvecitizens qualified for election as deputies. The twelve citizens shall beelected by the National Assembly at the beginning of each term fromamong persons who are not members of the Assembly. Article 103 Organization 1. The provisions governing proceedings before the Supreme Courtconstituted as the Constitutional Court or the High Court of Justice shallbe laid down by law. 2. The Court shall establish its own rules of court for the hearings. TITLE III Amendments to the Constitution Article 104 Amendments and Additions to the Constitution Amendments or additions to the provisions of the Constitutionshall be decided by the National Assembly on the proposal of at least onefifth of its members, or of the Government, or of 10,000 voters, by twosuccessive ballots held at an interval of not less than three months,approval thereof requiring an absolute majority of the deputies on the firstballot and a two third majority on the second ballot. Article 105 Limits on Amendments to the Constitution The Constitution shall not be amended under the terms of thepreceding article for the purpose of modifying the republican anddemocratic form of government or for restricting the fundamental rightsand freedoms of the citizen and of man guaranteed by the Constitution. TRANSITIONAL AND FINAL PROVISIONS I Transitional Exercise of Powers 1. Until the appointment of the Provisional President of the Republic,which shall take place not later than 1 July 1960, the powers and functionsvested by the Constitution in the President of the Republic shall beexercised by the President of the Legislative Assembly acting asProvisional President of the Republic, with the exception of the powerspecified in paragraph 1 of Article 53.He shall promulgate this Constitution. 2. Immediately after signing the Act of Union of the two SomaliTerritories (Somalia and SomaliIand), the new National Assembly shallelect, in the manner specified in paragraph 2 of Article 70, a ProvisionalPresident of the Republic, who shall remain in office until the election ofthe first President or of the other Provisional President provided for inparagraph 1 of provision No. IV. II Provisional President The Provisional President shall exercise all the powers vested bythe Constitution in the President of the Republic, with the exception of thepower specified in Article 53, and shall, by decree, fix the date of thereferendum provided for in the following provisions. III Entry into Force of the Constitution and Referendum 1. This Constitution shall provisionally come into force on 1 July1960 and shall, within one year of such date, be submitted to a popularreferendum in which all the voters shall be called upon to participate. 2. All voters shall have the right to express their approval ordisapproval of the Constitution in a free, direct and secret manner and inaccordance with a special law to be issued on the referendum. 3. The regularity of the referendum operations shall be confirmed bythe Supreme Court, which shall decide on this matter not less than ten normore than thirty days after the closure of the voting. The Supreme Courtshall also decide on any complaint or appeal which may be presented, andsuch decision shall be final. On giving the confirmation order, the Court shall also proclaim theresults of the referendum, 4. In case of non-confirmation, a new referendum shall be held withinthree months of the date of the Court's decision. IV Results of the Referendum 1. If the results of the referendum are contrary to the adoption of thisConstitution, the National Assembly shall, within fifteen days of theproclamation of the results by the Supreme Court, elect a new ProvisionalPresident of the Republic and declare the previous one to be no longer inoffice; the Constituent Assembly shall thereupon provide for the adoptionof a new Constitution, which shall be submitted; to a referendum withinsix months following the appointment of the new provisional President. 2. If the results of the referendum are favourable, this Constitutionshall be considered final and, within fifteen days, the National Assemblyshall elect the President of the Republic in accordance with thisConstitution. V Final Provision 1. Until the proclamation of the result of the referendum, the text ofthe Constitution shall be posted at town halls and at the offices of theDistrict Commissioners of the Republic so that every citizen may becomeacquainted with it. 2. The Constitution shall be faithfully observed as the fundamentallaw of the Republic by all the organs of the State and by all persons underits sovereignty. The Constitution, embossed with the State’s seal, shall be includedin the Official Compilation of laws and Decrees of the Somali Republic. Mogadishu, 1 July 1960. ADEN ABDULLA OSMAN ABDULLAHI ISSA MOHAMUD - Prime Minister (1956 – 1960) Presidents: 1960 -1991
Prime ministers: 1960 -1991
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