Miscellaneous Provisions

- Constitution of Somalia

Title Two: Miscellaneous Provisions

Article 138. Coming Into Effect of this Constitution

This Constitution comes into effect on the first day after approval by a National Constituent Assembly convened in terms of the Roadmap Agreement, the Garowe 1 and Garowe II Principles, the Galkayo and the Addis Ababa Agreements, the Presidential Decree and the relevant Protocols.

Article 139. Continuation of the Laws

All laws in force immediately before the effective date shall continue to be in force and shall be construed and applied with such alterations, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Constitution until such time as such laws are amended or repealed.

Article 140. International Obligations

Until the treaty imposing a treaty obligation in effect on the date that this Constitution comes into force expires or is amended, that treaty obligation remains in effect.

Article 141. Referendums

(1) Whether required by this Constitution, by law, or for another reason, in conducting a referendum, including the referendum to validate this Provisional Constitution, in conducting a referendum the authority conducting that referendum shall ensure that all eligible voters have opportunity to express their views in a free, direct and secret manner and in accordance with a law that the Federal Parliament shall enact establishing the procedures for referendums.

(2) The authority conducting a referendum shall ensure that:

(a) The referendum asks a question clearly, in a manner designed to elicit the genuine view of the voter and does not obscure the nature of the choice that the voter faces; and

(b) That neither a question, the design of the ballot paper nor the procedure suggests a particular answer to the question.

Article 142. Existing Federal Member States in Somalia

(1) Until such time that all the Federal Member States of Somalia are established and the adopted Federal Member State Constitutions are harmonized with the Somali Federal Constitution, the Federal Member States existing prior to the provisional adoption of this Provisional Constitution by a National Constituent Assembly shall retain and exercise powers endowed by their own State Constitution.

(2) Existing Federal Member States must be consulted in the decision-making process regarding the federal system, and security arrangements.

Article 143. Repeal of the Transitional Federal Charter

The Transitional Federal Charter ceases to exist upon the dissolution of the National Constituent Assembly.