Article 83 (7). So it is recommended that (3) reads: If there are differences with regard to
draft legislation between the two Houses of the Federal Parliament, either House may call
for a joint committee of both Houses to attempt to resolve the differences and to suggest a
harmonized draft legislation to both Houses in the spirit of intergovernmental cooperation
as stipulated in Article 53.
| Article 91
|
| Reads as term of office of the president 5 years; 5 years should be replaced by 4 years as to
harmonize it with the term of parliament.
|
| Article 109
|
| (1) is redundant to Article 108 (1) and should be deleted. Change title of Article to read:
“The Proceedings of the National Courts”
|
| Article 109-Article 109C
|
| There are repetitions and drafting comments in the English version, which must be deleted.
|
| Article 109(c) SOMALI VERSION
|
| Formatting issue need to number the sub articles (d), (e) & (f)
|
| Article 109 C
|
| Paragraph (d) refers to an Article on the resolution of disputes (former Article 75). Such an
Article does not exist anymore; Reference to Article 75 needs to be deleted and the
provision should read:
|
| (d) To resolve any disputes between the Federal Government and the Federal Member
States or among the Federal member States.
|
| Article 111A
|
| Composition of Judicial Service Commission is differently regulated as in Article 109A; It is
recommended to delete the composition modalities in Article 111A as Article 109A is more
precise.
|
| Article 111 C
|
| (3) (b) refers to international cooperation in general. It should read “international
cooperation related to anti-corruption policies”.
|
| Article 111 C SOMALI VERSION
|
| Formatting issue, add sub-article numbers (a), (b), (c)
|
| Article 111 J
Qualifications of Ombudsman in refer to qualifications of High Court Judges in an Article
124 that has been deleted. Same with dismissal procedures in an Article 125 which has been
deleted; these references must be deleted.
|
| Article 111E
|
| As per the TFC, the agreed name was Boundaries and Federation Commission instead of
Boundaries and Federal Commissions; Replace Boundaries and Federal Commissions by
Boundaries and Federation Commission.
|
| Article 111I
Commission should be named: Truth and Reconciliation Commission.
|
| Chapter 14 SOMALI VERSION
|
| Reads now as “Section 14”, change language to be consistent, should read “Chapter 14” also
make sure is reflected in Table of Contents.
|
| Article 131
The provision on a state of emergency has been left out. Add the following language at
|
| Article 131:
|
| State of Emergency
|
| (1) A state of emergency may be declared only if it is necessary to deal with a serious
situation arising from war, invasion, insurrection, disorder, a natural disaster or some other
grave public emergency.
|
| (2) A state of emergency may be declared affecting the whole or part of the country, but
shall not be more extensive than necessary to deal with the situation.
|
| (3) The President acting on the request of the Council of Ministers may declare a
necessary state of emergency, which shall then be debated, and may be approved, by both
Houses of the Federal Parliament within 21 days after that declaration. The debates in the
Federal Parliament shall take place in public unless that is no feasible to do so in the
circumstances.
|
| (4) The Federal Parliament may approve or extend a state of emergency for no more
than three months at a time. If the Federal Parliament does not approve or extend a state of
emergency, the state of emergency ceases to be in effect.
|
| (5) The declaration of a state of emergency may give the executive special powers that
are necessary to deal with the situation only.
|
| (6) The powers granted under a state of emergency shall not include powers to violate
the rights under this constitution, unless that violation is absolutely necessary for the
purposes of dealing with the emergency situation.
|
| (7) The validity of a declaration of a state of emergency, and the procedures involved in
making the declaration, may be challenged in court.
|
| Articles 132 – 198
|
| Delete reference to these articles and adjust numbering of all articles which follow.
|
| Schedules
|
| As per errata sheet change in Article 6, Schedule 1A should show a picture of the Somali
flag and Scheduled 1B should show a picture of the Somali emblem, adjust all schedules
under 1 to follow accordingly 1C, 1D, etc.
|
| Schedule 1 A
|
| In schedule 1 A there are numerous references to Articles that have been referred. As long
as they are not included in the constitution reference to an Article must be avoided and
deleted in the following cases:
|
| 8. to Article 182(1)(b), concerning the giving of guarantees by the federal government for
loans by regional states;
|
| 9. to Article 182(1)(c), concerning procedures for public procurement;
|
| 10. Article 182(1)(d), concerning the auditing of accounts of non-governmental bodies that
receive government funding
|
| 11. to Article 183, establishing the National Reserve and prescribing rules for the audit and
control of State revenues;
|
| In Schedule 1 A Nr. 13 and 14 reference is given to Article 189. However, such issues are
now regulated in Article 130 and this should be changed accordingly.
|
| In schedule 1 A Nr. 15 reference is given to sub-Articles 189(3), (4) and (5), concerning
states of emergency but declaration of a state of emergency is included in Article 131.
Change reference to reflect new article numbering
|
| Schedule 1 B
|
| In schedule 1 B there are numerous references to Articles that have been referred or
deleted. As long as they are not included in the constitution reference to an Article must be
avoided and deleted in the following cases:
|
| 11. A law in terms of Article 63 and 85, concerning the exercise of concurrent legislative
power by regional state governments, and the establishment of joint committees of the two
Houses.
|
| 12. A law in terms of Article XX, prescribing rules for the national census.
|
| 16. A law in terms of Article 157, identifying and prescribing appointment procedures for
higher ranking government officials and employees.
|
| 17. A law in terms of Article 158, prescribing the legal status of state employees.
|
| 19. A law in terms of Article 182(1)(a), concerning the way in which the budgets of regional
states are to be presented, and the timetable for the budgetary process in the Regional
States;
|
| 20. A law in terms of Article 182(1)(b), concerning the giving of guarantees by the federal
government for loans by regional states;
|
| 22. A law of the Federal Member States in terms of Article 184(5) and 189(3), concerning
the police forces of the Regional States.
|
| The following references in Schedule 1 B could be considered as referring to Article 130 and
changed accordingly:
|
| 21. A law in terms of Article 184(2) and 189, concerning the security forces.
|
| 23. Laws in terms of Art. 189(2)(a), establishing specialized bodies as necessary to deal
with anti-terrorism, anti-piracy, human trafficking and other organized crime;
|
| 24. A law in terms of Article 189(2)(b), regulating the structure and functions of the federal
police;
|
| 25. A law in terms of Article 189(2)(c), regulating the relationships between the federal
police service and the police services of the Regional States
|
| 26. A law in terms of Article 189(2)(d), to clarify the issue of obedience to illegal orders;
|
| 27. A law in terms of Article 189(2)(e), concerning the establishment and operation of the
special parliamentary committee for the armed forces;
|
28. A law in terms of Article 189(2)(f), concerning the involvement of civilians in the
oversight of the federal police service.
|
Constitution of Somalia
|
| Declaration of the Federal Republic of Somalia
|
| Fundamental Rights and the Duties of the Citizen
|
| General Principles of Human Rights
|
| Rights Basic Personal Liberties and its Limitations
|
| Duties of Citizens
|
| Land Property and Environment
|
| Public Representation
|
| General Principles of Public Representation
|
| Elections
|
| Devolution of the Powers of Government
|
| Federal Parliament
|
| General Provisions
|
| House of the People of the Federal Parliament
|
| Legislative Powers of the Upper House
|
| Legislative Procedures In Parliament
|
| President of the Federal Republic
|
| Executive
|
| Judicial Authority
|
| Independent Commissions
|
| Civil Service
|
| Federal Member States
|
| Public Finance
|
| Peace and Security
|
| Final and Transitional Provisions
|
| Amending the Constitution
|
| Miscellaneous Provisions
|
| Somali Flag
|
| Somali Emblem
|
| Proposed Amendments to the Constitution
|
| First Term of the Somali Federal Parliament
|
Priority Laws to be Enacted in the First Term
|