Peace and Security

- Constitution of Somalia

CHAPTER 14: PEACE AND SECURITY

Article 126. Security of the Federal Republic of Somalia

(1) The Federal Government shall guarantee the peace, sovereignty and national security of the Federal Republic of Somalia and the safety of its people through its security services, including:

(a) The armed forces;

(b) The intelligence services;

(d) The prison forces.

(2) The deployment of the security forces shall be determined by law.

(3) The armed forces of the Federal Republic of Somalia have the mandate to guarantee the sovereignty and independence of the country and to defend its territorial integrity.

(4) The federal police force has the mandate to protect the lives and property, the peace and security of the citizens and other residents of the Federal Republic of Somalia.

(5) The police forces established by the laws of the Federal Member States have the mandate to protect lives and property and preserve peace and security locally, alone or in cooperation with the federal police force.

(6) The armed national security agencies shall be controlled by civilian agencies.

Article 127. Principles for the Security Forces

(1) The security forces must respect the following principles:

(a) Professionalism, discipline and patriotism;

(b) Respect for the rule of law, democratic institutions and fundamental rights;

(d) Transparency and accountability;

(e) Political neutrality; and

(f) Members of the forces shall be trained on the implementation of this Constitution, the laws of the land and the international treaties to which the Federal Republic of Somalia is a party.

(2) Every Somali citizen is entitled to be considered for positions in the national armed forces at all levels, without discrimination and the rights of women shall be protected in this respect.

Article 128. Abuse of Powers

Human rights abuses alleged to have been committed by members of the armed forces against civilians shall be brought before a civilian court.

Article 129. The Ombudsman

(1) This constitution establishes the office of the Ombudsman which is an entity where the public can lodge their complaints against abuses committed by the members of the security forces and the government administration.

(2) The office of the Ombudsman can initiate an investigation if it suspects the existence of violation committed by the security forces against an individual or on a section of the community. If the investigations reveals convincing results it can take up the matter before a relevant court of law.

(3) A special law shall determine the powers and duties of the Ombudsman

Article 130. Security Agencies Laws

The two Houses of the Parliament shall enact a law governing the structure, functions and levels of the security agencies of the Federal Republic of Somalia.

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.