Legislative Powers of the Upper House

- Constitution of Somalia

Title Three: The Legislative Powers Of The Upper House Of The Federal Parliament

Article 71. The Upper House of the Federal Parliament

The Upper House of the Federal Parliament represents the Federal Member States, and its legislative duties include:

(a) Participation in the process of the amending the Constitution, in accordance with Chapter 15;

(b) Passing, amending, or rejecting the laws that are tabled before it in accordance with Articles 80-83;

(d) Participation in the election of the President of the Federal Republic in accordance with Article 89;

(e) Dismissal of the President in accordance with Article 92;

(f) Participation in the process of declaring war in accordance with the Constitution;

(g) Carrying out other duties required by the Constitution to ensure proper implementation and review of the Constitution;

(h) Participation in the process of declaring a state of emergency in accordance with the Constitution;

(i) Participation in the process of appointing the following members of government institutions, as provided for by the Constitution:

1. Members of the Judicial Service Commission;

2. Chairman and Judges of the Constitutional Court;

3. Members of the National Independent Electoral Commission;

4. Members of the Boundaries and Federation Commission;

5. Members of the Interstate Commission.

Article 72. The Number of Members of the Upper House of the Federal Parliament

The members of the Upper House of the Federal Parliament shall be elected through a direct, secret and free ballot by the people of the Federal Member States, and their number shall be no more than 54 members based on the eighteen (18) regions that existed in Somalia before 1991, and on the following:

(a) The number of Federal Member States of the Federal Republic of Somalia;

(b) That all Federal Member States should have an equal number of representatives in the Upper House of the Federal Parliament;

(c) That the members of the Upper House of the Federal Parliament should be representative of all communities of the Federal Republic of Somalia.

Article 73. The Speaker and Deputy Speaker of the Upper House of the Federal Parliament

The Speaker and the Deputy Speaker of the Upper House of the Federal Parliament shall be elected and dismissed through the same procedures that apply to those of the elections for the Speaker and Deputy Speakers of the House of the People of the Federal Parliament.

Article 74. House Sessions of the Upper House of the Federal Parliament

(1) A newly elected Upper House of the Federal Parliament must hold its first sitting within 30 days of the declaration of the result of the general election. The date of the first session shall be determined by the National Independent Electoral Commission.

(2) The Upper House of the Federal Parliament must hold two regular sessions each year, and each session shall last for a minimum of four(4) months.

(3) The Rules of Procedure of the Upper House of the Federal Parliament shall determine the timings, the dates and the resting period of the regular sessions of the Upper House of the Federal Parliament.

(4) The Upper House of the Federal Parliament shall be convened for a special session whenever:

(a) Called by the Prime Minister;

(b) Called by its Speaker;

Article 75. Rules of Procedure of the Upper House of the Federal Parliament

(1) The Upper House of the Federal Parliament shall adopt its own rules of procedure, which shall provide for full participation of its members.

(2) The Upper House of the Federal Parliament shall divide itself into committees that shall facilitate the fulfillment of duties allocated to them by the Upper House of the Federal Parliament.

(3) When draft legislation is tabled before the Upper House of the Federal Parliament, it shall task the relevant House committee to study it, and present a report of its findings and recommendations to the plenary of the House.

(4) Draft legislation rejected by the Upper House of the Federal Parliament cannot be returned before the Upper House of the Federal Parliament for 30 days from the day of the rejection of the legislation.

(5) The Upper House of the Federal Parliament and its committees shall sit in public, in accordance with the general principle of transparency in government.

Article 76. Decision-making in the Upper House of the Federal Parliament

(1) Unless stated otherwise by the Constitution, each member of the Upper House of the Federal Parliament shall have one vote.

(2) Decisions of the Upper House of the Federal Parliament can pass only with a majority vote of the total membership of the Upper House of the Federal Parliament.

Article 77. Presence of Ministers in the Sessions of the Upper House of the Federal Parliament

(1) Ministers may attend the sessions of the Upper House of the Federal Parliament, and may speak, but shall not have the right to vote. The rules of procedures of the Upper House of the Federal Parliament may provide for regular sessions in which ministers respond to written or oral questions from members of the House.

(2) The Upper House of the Federal Parliament or its committees may summon the Prime Minister and members of the Council of Ministers to ask them questions related to their duties.

(3) The Upper House of the Federal Parliament shall inform in writing the above officials of the subject matter of the meeting at least one week before the agreed date of the meeting.

Article 78. The Immunity of the Members of the Upper House of the Federal Parliament

(1) The members of the Upper House of the Federal Parliament shall have the same immunity to that of members of the House of the People of the Federal Parliament stated in this Constitution.

(2) The Upper House of the Federal Parliament cannot be dissolved.