Land Property and Environment

- Constitution of Somalia

CHAPTER 3: LAND, PROPERTY AND ENVIRONMENT

Title 43. Land

(1) Land is Somalia’s primary resource and the basis of the people’s livelihood.

(2) Land shall be held, used and managed in an equitable, efficient, productive and sustainable manner.

(3) The Federal Government shall develop a national land policy that shall be subject to constant review. That policy shall ensure:

(a) Equity in land allocation and the use of its resources;

(b) The guarantee of land ownership and registration;

(d) That any land and property dispute is resolved promptly and satisfactorily for all;

(e) That the amount of land that a person or a company can own is specified;

(f) That the land and property market is regulated in a manner that prevents violations of the rights of small land owners;

(g) That the Federal Member States may formulate land policies at their level.

(4) No permit may be granted regarding the permanent use of any portion of the land, sea or air of the territory of the Federal Republic of Somalia. The Federal Parliament shall enact a law regulating the size, timeline and conditions of permits of land use.

(5) The Federal Government, in consultation with the Federal Member States and other stakeholders, shall regulate land policy, and land control and use measures.

Title 44. Natural Resources

The allocation of the natural resources of the Federal Republic of Somalia shall be negotiated by, and agreed upon, by the Federal Government and the Federal Member States in accordance with this Constitution.

Title 45. Environment

(1) The Federal Government shall give priority to the protection, conservation, and preservation of the environment against anything that may cause harm to natural biodiversity and the ecosystem.

(2) All people in the Federal Republic of Somalia have a duty to safeguard and enhance the environment and participate in the development, execution, management, conservation and protection of the natural resources and environment.

(3) The Federal Government and the governments of the Federal Member States affected by environmental damage shall:

(a) Take urgent measures to clean up hazardous waste dumped on the land or in the waters of the Federal Republic of Somalia;

(b) Enact legislation and adopt urgent necessary measures to prevent the future dumping of waste in breach of international law and the sovereignty of the Federal Republic of Somalia;

(c) Take necessary measures to obtain compensation from those responsible for any dumping of waste, whether they are in the Federal Republic of Somalia or elsewhere;

(d) Take necessary measures to reverse desertification, deforestation and environmental degradation, and to conserve the environment and prevent activities that damage the natural resources and the environment of the nation.

(4) In consultation with the Federal Member States, the Federal Government shall adopt general environmental policies for the Federal Republic of Somalia.