Somali Democratic Republic Constitution 1979 · somal; democratc 1oepublc the -constitution mogadishu, 1979 c/o peoples assembly reproduction by permisson of the inter-parliamentary

Somal;

Democratc 1oepublc

THE -CONSTITUTION

MOGADISHU, 1979

C/O PEOPLES ASSEMBLY

REPRODUCTION BY PERMISSON OF THE INTER-PARLIAMENTARY UNIONGeneva, CH

Decree of the President of the S.D.R. No. 46 of16 September 1979: The Constitution of The

Somali Democratic Republic

THE PRESIDENT

HAVING SEEN:

HAVING SEEN:

HAVING SEEN:

HAVING SEEN:

HAVING SEEN:

HAVING SEEN:

HAVING SEEN:

The Ist, IInd and the IIrdcharter of the 21st October1969 Revolution.

The Laws No. 1, 17, 18and 19 of Ist July, 1976.

The approval of the DraftConstitution of the S.D.R.by the extraordinary Ge-neral Meeting of the Soma-li Socialist RevolutionaryParty held on the 20-29 Ja-nuary, 1979.

The Law No. 16 of 20thMay, 1979 of the CentralCommittee of the SomaliSocialist Revolutionary

Party approving the DraftConstitution of the S.D.R.

Art. 57 of the law No. 23of 16th June, 1979 concer-ning the referendum forConstitution of the S.D.R.

Art. 114 of the Constitu-tion of the S.D.R.

The Approval of the Su-preme Court of the Ref e-rendum results for the Constitution of the S.D.R. da-ted 16th September, 1979.


ISSUES

THE FOLLOWING DECREE

Article 1

The Constitution of the Somaii DemocraticRepublic attached to this Decree shall comeinto force with effect from 16th September,1979.

Article 2

This Decree shall be published in the OfficialBulletin of the Somali Democratic Republic.

Mogadishu 16th September 1979.

Jaalle Mohamed Siad Barre

President of the S.D.R.


PREAMBLE TO THE CONSTITUTION

The Somali People collectively and indi-vidually struggling for a life of dignity andequality, and engaged in a fight to establishlasting peace and stability internally and ex-ternally, to realise the general interests of theworking masses, and accomplish the majorobjectives of their revolution, unity of the na-tion, socialist cosntruction in order to createa society founded on social justice, equalityand democracy in which the individual attainshigher level of political and social conscious-ness and strengthen the pillars of their revo-lution and their national sovereignty which tothem is of supreme value in order to achieverapid political and socio-economic develop-ment, have resolved to adopt this constitu-tion which shall constitute the basis of thestruggle for the development of the Somalisociety, peaceful co-existence and mutual co-operation among nations of the world, espe-cially those whose interests may coincide.


THE CONSTITUTION.,."..

OF THE SOMALI DEMOCRATIC REPUBLIC

CHAPTER 1

GENERAL. PRINCIPLES'';

SECTION I

The Republic "-

Article 4:,-:

(The Somali State)

1 The Somali. Democratic Republic is a so-cialist state led by the working class, andis an integral part of thp Arab and Afri-can entities.

2. 'All sovereigntybelongs to the people- who'shall exercise it through their represen-tative 'institutions.

Article 2

(Flag, Emblem and the Capital)

1. The national flag shall be azure in colour,rectangular, arid shall' have a white starwith five equal points embla zoned in itscentre.

2. ,The emblem of the'. ,SomaliPDbmoaraticRepublic shall be composed.- of:-ah) dzure

REPRODUCTION BY PERMISSON OF THE INTER-PARLIAMENTARY UNION

Geneva, CH

escutcheon with a gold border and shallbear a silver five pointed star. The es-cutcheon surmounted by an embattlem-ent with five points in moorish style, thetwo lateral points halved, shall be borneby two leopards rampant in natural formfacing each other, resting on two lancescrossing under the point of the escut-cheon, with two palm-leaves in naturalform interlaced with a white ribbon.

3. Mogadishu (Hamar) shall be the capitalof the Somlai Democratic Republic.

Article 3

(Religion and language)

1. Islam shall be the state religion.

2. Somali is the language which all Somalispeak and through which they recogniseeach other; Arabic is the language of theSomali people which links them with theArab nation, of whom they are an inte-gral Part, and both shall constitute theofficial languages of the constitute theofficial languages of the Somali Demo-cratic Republic.

Article 4

(The unity of the Somali people)

1. The Somali people are one and the Soma-li citizenship is one.

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2. The law shall determine the modes of ac-quiring and losing Somali Citizenship.

Article 5

(State territory)

1. The state territory shall be sacred andinviolable.

2. Territorial sovereignty shall extend overland, islands, the sea, the water column,sea-bed and subsoil, continental shelf, andairspace.

Article 6

(Equality of Citizens)

All citizens regardless of sex, religion,origin and language shall have equal rightsand duties before the law.

SECTION 2

The Party

Article 7

(Authority and leadership of the Party)

1. The Somali Revolutionary Socialist Partyshall be the only party existing in the So-mali Democratic Republic, no other party

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--z :br-p56iieal organisation. may-be estab-

2. The Somali Revolutionary Socialist Par-ty shall have supreme authority of politi-cal and socio-economic leadership in theSomali Democratic Republic.

Article 8

(Unitary nature of the leadership:)

v;ihe l~ader ship of the country shall befopnc'e6 .on the unitary system of politicalleade rship :bfihe party and state

Article 9

(Deliberations, decisions and

nimplementatibn)

-'*! Political institutions .elected at all levelsshall function in ' accordance, with-.. theprinciple of collective deliberations, .ma-jority decisions and collective responsibi-lity in implementation..

2. Within the party institutions the afore-stated principle shall dictate the unity ofview points, sensitivity, purpose and col-lective work.

Article 10

-.(Complementarity of party and state duties..)Sl.:-Party and-state institutions-shaldischar-


ge their respective duties as prescribedby the law, each pursuing its own methodsin order to accomplish the. common. ob-jective.

2. The political mobilisation of the countryshall be based on the comDlementarity ofthe duties of party and state institutionsas prescribed by the laws establishingthem.

Article 11

(Party Statute)

The structure and functions of the partyistitutions shall be determined by the statute

-Of the Somali Revolutionary Socialist Party.

Article 12

(Social organisations)

1. The state shall allow the establishment ofsocial organisations of the workers, co-operatives, youth and women.

2. Social organisations shall be establishedon national, local production levels, and ineducational centres.

3. The specific. structure, statutes and pro-grammes of the social organisations shallbe in consonance with the general inte-rests of the masses, the constitution, thestatute and the programme of the SomaliRevolutionary Socialist Party.


Article 13

(Powers and duties of Social Organisation)

Social organisation shall participate inthe leadership of state and social affairs andresolution of political, economic, social andcultural matters in accordance with the du-ties prescribed in their respective laws.

Article 14

(Democratic centralism)

The principle of Democratic centralismshall be the basis of mobilisation, and func-tions of Party and State.

SECTION 3

Foreign Policy

Article 15

(The principle of self-determination)

1. The Somali Democratic Republic shallfirmly uphold the principle of self-deter-mination of peoples and fully supportsthe national liberation movements, andall the peoples fighting for their freedomand independence.

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2. It shall resolutely oppose colonialism, neo-colonialism, international imperialism andracial discrimination.

Article 16

(Somali territories under

colonial occupation)

The Somali Democratic Republic adoptingpeaceful and legal means shall support the li-beration of the Somali territories under colo-nial occupation and shall encourage the unityof the Somali people through peaceful meansand their free will.

Article 17

(Policy of neutrality and

peaceful co-existence )

1. The Somali Democratic Republic shallpursue a policy of positive neutrality.

2. It shall fully recognise the principle ofpeaceful co-existence of the peoples ofthe world.

Article 18

(Policy of Cooperation)

The Somali Democratic Republic shallpromote a policy of cooperation among all

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peoples .and states of the world based on mu-tual benefit, equality, and respect for the so-vereignty and the political system peculiar toeach state.

Article 19

(International Legal Order)

The Somali Democratic Republic shall re-cognise the Universal declaration of humanrights .and generally accepted rules of -inter-national law.

CHAPTER, II

FUNDAMENTAL RIGHTS, FREEDOMS AND

DUTIES OF THE CITIZENS AND

INDIVIDUAL

Article 20

(Political, economic and social rights)

Every citizen-shall be entitled to partici.pate-fully in the political, economic,. social andcultural activities in accordance with;. theConstitution and laws.

Article 21

(Right to work)

1. Every citizen shall have the right to wurk.

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Work is a'duty, honour and the founda-;tion of a. socialist society.

2.... The stat&e shall promote the creation ofemployment in order'to 'realise the 'citi-zen's fundamental right to' work."

Article 22

(Right to elecion)

Every citizen who fulfils the conditionsprescribed by the law shall have the right toelect and be. elected...

Article 23

(Right to eductaion)

Every. citizen shall have the right to. freeeducation.

Article 24

.( Freedom of processions, publication

and opinion)

1. Every citizen shall be free to participatein an assembly, demonstration, or in theirorganisation.

2. The citizen shall further be, entitled to ex-press his opinion in any manner,-freedomof publication and speech.

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3. The exercise of the freedoms mentionedin paragraphs 1 and 2 of this article shallnot contravene the Constitution, the lawsof the country, general morality and pu-blic order and shall not prejudice the free-doms of other citizens.

Article 25

(Right to life and personal security)

1. Every individual shall have the right tolife and personal security.

2. The law shall determine the conditionsunder which a person may be sentencedto death.

Article 26

(Personal liberty)

1. Every person shall have the right to per-sonal liberty.

2. No person shall be liable to any form ofdetention or other restrictions of perso-nal liberty, except when apprehended inflagrante delicto or pursuant to an act ofthe competent Judicial authority in themanner prescribed by the law.

3. Any person who shall be detained on gro-unds of security shall without delay bebrought before the Judicial authority whi-ch has competence over the offence for

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which he is detained within the time limitprescribed by law.

4. Every person who shall be deprived ofhis personal liberty shall forthwith be in-formed of the offence of which he is ac-cused.

5. No person shall be searched except in theconditions mentioned in paragraph 2 ofthis article, or under laws relating to Ju-dicial, sanitary, fiscal and security mat-ters, and in the manner prescribed by thelaw, giving due respect to the honourand integrity of the person.

Article 27

(Security of the person under detention)

1. A detained person shall not be subjectedto physical or mental torture.

2. Corporal punishment shall be prohibited.

Article 28

(Private ownership)

1. Private ownership shall be guaranteed bylaw, which shall define the modes of ac-quisition and forfeiture, and the contentsand limits of its enjoyment for the pur-

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pose of safeguarding its social functions.

2. The use of private property shall - in nocase, be contrary to the public interest,and the objectives of the revolution.

-3. Private jroperty may -be expropriated orrequisitioned for reasons of publib inte-rest, in exchange for equitable compen-

* sation.

Article 29 -

(Privacy of. the home)

Every person shall be entitled tothe in-violability of his home or any other place re-served for personal use except in th cases re-ferred to in paragaraphs 2 and 5 of Article 26.

Article 30

(Freedom of Communication)

The right of secrecy of correspondenceand other means of communication shall notbe tampered with, except in the cases deter-mined by the law.

Article 31

4 (Freedom of religion)

. Every- person shall have theo:right to pro-

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fess the religion or creed he believes in.

Article 32

(Right to institute legal proceedings

and right of defence)

1. Every person' shall have the right to in-stitute legal proceedings before a compe-tent court.

2. Every person shall have the right of de-fence before a court.

3. The state shall guarantee free legal aidin the conditions and in the manner pre-scribed by law.

Article 33 -

(Penal liability)

1. Penal liability shall be personal.

2. The accused shall be presumed innocentuntil the conviction becomes final.

Article 34

(Non-retroactivity of penal laws)

No person may -be punished for an actwhich was not an offence under the law atthe time, when it was committed, nor may a


punishment be imposed other than the oneprescribed by the law inforce at the time suchoffence was committed.

Article 35

(Extradition and poltical asylum)

1. The Somali Democratic Republic may ex-tradite a person who has committed a cri-me in his country or another, and has ta-ken refuge in the Somali Democratic Re-public, provided that there is an extradi-tion treaty between the Somali Democra-tic Republic and the state requesting theextradition of the accused or offender.

2. The Somali Democratic Republic maygrant political asylum to a person whohas fled his country or another for po-litical reasons while struggling for po-pular causes, human rights or peace.

Article 36

(Protection of Public Property)

Every citizen shall have the duty to pro-tect and consolidate public property.

Article 37

(Participation in economic growth)

Every person shall have the duty to par-

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ticipate in the economic growth of the coun-try, payment of taxes, and to contribute tostate expenditure according to his capacityand the laws of the country.

Article 38

(Defence of the motherland)

The defence of the motherland and theconsolidation of the unity of the Somali peo-

1e shall be a sacred duty of every citizen.

Article 39

(Observance of the Constitution and laws)

Every person shall have the duty to faith-fully observe the constitution and laws of thestate.

CHAPTER III

SOCIO-ECONOMIC FOUNDATION

SECTION 1

The Economy

Article 40

(Economic development)

1. The state shall develop the economy ofthe country, and raise production, while

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assuring a just and equitable distribu-tion.

2..: -The .. state shall encourage the principleof self-help for- the rapid development-of the country.

Article 41

(Economic sectors)

The economy of the Somali DemocraticRepublic shall comprise the following 'sectors:

The State Sector:

which shall constitute the vanguard inthe economic development of the countryand shall be given special priority;

- The Cooperative Sector:

which shall be instrumental in promotingthe living standards of cooperative mem-bers, while promoting the growth of thenational economy, and the state shall par-ticipate in its planning and encouragem-ent; . .

The Private Sector : -

which shall be based on non-exploitingprivate ownership;,,:

The Mixed. Sector.:

which shall be.based on the joint owner-ship.between the Somali state and others.

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Article 42

(Land and marine resources)

1. The land, natural, marine and land basedresources shall be state property.

2. The state shall promulgate a law prescri-bing the best methods for exploiting suchresources.

Article 43

(Economic Planning)

1. The economy of the country shall befounded on socialist state planning.

2. The plan shall have a juridical authori-ty superior to other laws.

3. There shall be a supreme state planningistitution, and the law shall establish itsstructure, duties and powers.

Article 44

(External and Internal Trade)

In promoting the economic developmentof the country the state shall guide external.and internal trade.

Article 45

Protection of Currency

The state shall organise the fiscal and

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monetary system of the country, and shall bylaw fix taxes.

SECTION 2

Promotion of Eductaion and Science

Article 46

(Education)

1. The state shall give special priority to thepromotion, expansion and disseminationof education and science, and shall consi-der education as the ideal investment whi-ch shall play the leading role in the So-mali political and socio-economic develop-ment.

2. Education in the Somali Democratic Re-public shall favour the working class, andshall conform to the special conditionsand environment of the Somali Society.

3. Technical and professional educationshall be given first priority.

Article 47

(Compulsory Education)

Education, in the Somali Democratic Re-public, shall be free. It shall be compulsoryupto the intermediate school level.

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Article 48

( Eradication of illiteracy )

Eradication of illiteracy and adult educa-tion shall be a national duty towards whichthe people and state shall pool their resourcesin its fulfilment.

Article 49

(Promotion of science and arts)

1. The state shall promote science and arts,and shall encourage scientific and arti-stic creativity.

2. Copy rights and patent rights shall be re-gulated by law.

Article 50

(Youth and Sports)

In order to ensure healthy physical andmental growth of the youth, and to raise theirlevel of education and political consciousnessthe state shall give special importance to thepromoting and encouragement of gymnasticsand sports.

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SECTION 3

Cultural and social welfare

Article 51

(Promoting of culture)

1. The state shall promote theculture of the Somali people,fiting from the internationalhuman society.

progressivewhile bene-

culture of

2. It shall promote art, literature and thenational folklore.

3. It shall protect and preserve the nationalhistoric objects and sites.

Article 52

(Social customs)

The state shall preserve the good customs,and shall liberate the society from outdatedcustoms and those inherited from colonialismspecially tribalism, nepotism and regionalism.

Article 53

(Child care)

The state shall promote child care homes

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and revolutionary youth centres.

Article 54

(Rural Development)

The state shall promote the programmeof permanent rural development campaigninorder to eradicate ignorance and to narrowthe gap between rural and urban life.

Article 55

(Health)

The state in fulfilling the policy of generalhealth care shall encourage the prevention ofcontagious diseases, observance of generalhygiene, and free medical treatment.

Article 56

(Family welfare)

1. The state recognising the family as thebasis of society shall protect the familyand shall assist the mother and child.

2. The state shall be responsible for the careof the handicapped, children of unknownparents and the aged, provided they shallnot have anybody to care for them.

3. The state shall guarantee the care of chil-

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dren whose parents die while defendingthe country.

Article 57

(Work and the Workers)

1. The state shall safeguard and promotework and its various types.

2. The minimum age for work in the SomaliDemocratic Republic shall be fifteenyears.

3. The workers shall be entitled to receivewithout discrimination a remunerationequal to the amount and value of workdone.

4. The workers shall be entitled to weeklyrest and annual leave.

5. The law shall determine the workinghours, conditions of service and the sui-tability of persons for certain jobs.

Article 58

(Evaluation of work)

In evaluating work, the state shall applythe principle: <<from each according to hisability, to each according to his work>>.

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Article 59

(Social insurance and assistance)

The state shall promote the system of so-cial insurance and assistance and shall stren-gthen general insurance institutions of thecountry.

CHAPTER IV

ORGANISATIONAL STRUCTURE OFTHE STATE

CAPITAL ONE

THE PEOPLE'S ASSEMBLY

SECTION 1

Rules and Functions of the People's Assembly

Article 60

(Legislative Authority)

Legislative authority in the Somali De-mocratic Republic shall be vested in the Peo-ple's Assembly.

Article 61

(Election to the People's Assembly)

1. The people's Assembly shall consist of de-puties elected by the people through free,direct and secret ballot.

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2. Every Somali who has attained th age oftwenty-one years shall be eligible for elec-tion as a deputy. The law shall determi-ne the grounds for ineligibility for elec-tion to the people's Assembly.

3. The number of deputies, conditions andprocedure for election shall be estab-lished by a special law.

4. The President of the Somali DemocraticRepublic may nominate to the People'sAssembly upto six persons from amongpeople dedicated to science, arts and cul-ture or highly esteemed patriots.

Article 62

(Term of office)

1. The term of office of each People's As-sembly shall be five years beginningfrom the declaration of election results.

2. In the event of circumstances which shallrender the holding of elections impossi-ble, the President of the Somali Democra-tic Republc shall, after consultations withthe Central Committee of the Somali Re-volutionary Socialist Party, have the po-wer to extend the term of the Assemblyfor a period not exceeding one year.

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Article 63

(Dissolution of the People's Assembly)

1. The People's Assembly may be dissolvedbefore the expiry of its term of office onthe proposal of the one third of the depu-ties and the approval of two thirds of themembership.

2. The People's Assembly may also be dis-solved by the President of the Republicafter consultations with the Central Com-mittee of the Somali Revlutionary Socia-list Party and the standing committee ofthe People's Assembly.

3. The election to the new peop!e's assemblyshall take place within three months ofthe date of dissolution.

Article 64

(Sessions)

1. The People's Assembly shall hold to ses-sions annually.

2. The People's Assembly may be convenedin an extraordinary session by a resolu-tion of the standing committee, or on therequest of one third of the membership.

o The President of the Somali DemocratCiC

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Republic shall have the power to conve-ne an extraordinary session of the Peo-ple's Assembly.

Article 65

(Meeting and decisions)

L. The People's Assembly at its initial mee-ting shall elect from among its members :Chairman, vice-chairmen and a standingcommittee.

2. The meetings of the People's Assemblyshall be public. However closed mee-tings may be held on the request of thePresident of the Republic, the standingCommittee, Government or not less thenone fourth of the deputies, and on theapproval of the Assembly.

3. The majority of the deputies of the As-sembly shall form a quorum.

4. The Assembly shall reach its decisionsby a majority vote except when a specialmajority is required by the constitutionor by law.

Article 66

(Rules of procedure)

The conduct of business in the Assemblyshall be governed by rules of procedure adop-ted by the assembly.

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Article 67

(Powers of the Assembly)

The People's Assembly shall have the fol-lowing powers :

1. Amending the constitution:

2. Legislation and approval of decisions onnational development ;

3. Election and dismissal of the President ofthe Somali Democratic Republic as ex-pressly stated in article 80 of this consti-tution

4. Election and dimissal of the StandingCommittee of the Assembly

5. Ratification of international treaties topolitical, economic and commercial mat-ters or agreements entailing financialobligations for the state;

6. Ensuring observance of the constitutionand the laws of the country ;

7. Approval of the national economic de-velopment plan ;

8. Approval of the annual budget and ac-counts;

9. Enforcing the doctrine of accountabilitywithin the Government and its members;

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10 Any other powers granted to the Assemblyby the constitution.

Article 68

(Delegation of Legislative Authority)

1. The People's Assembly may for a limitedperiod delegate to the Governmeit thepower to legislate on specified matters.The enabling legislation may establishthe principles or directives which the Go-vernment shall followv.

2. Legislative power delegate- to the Go-vernment shall be exercised through Pre-sidential Decrees.

Article 69

(Emergency Decree Laws)

1. In the event of special emergency cir-cumstances, the Government may issuetemporary provisions having the force oflaw. Such provisions shall be issued bydecree of the President of the Republic.Such decrees shall within a month be sub-mitted before the Peoples Assembly orthe standing Committee for conversioninto laws.

2. The People's Assembly when in session,or standing Committee when the Assem-bly is in recess, shall reach a decision wi-thin fifteen days beginning from the dateof the the presentation of such decree.

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Article 70

(Drafts laws)

The President of the Somali DemocraticRepublic, the standing Committee, or the Go-vernment may present a draft law to the Pe-ople's Assertbly. Members of the People'sAssembly may propose a draft law if such aproposal is supported by one third of the As-sembly members.

Article 71

(Laws relating to Party Strategy)

Every draft law concerning Party stra-tegy for the realisation of revolutionary ob-jectives and the system of the national lea-dership shall be approved by the Central Com-mittee, before the People's Assembly shallreach a final decision.

Article 72

(Promulgation and publication of laws)

1. Every law approved by the people's as-sembly or the standing conmittee shallbe promulgated by the President withinfortyfive days.

2. The President of the Somali DemocraticRepublic shall, within the period mentio-

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ned in paragraph 1 of this article, havethe power to resubmit such a law to theAssembly stating the grounds thereofwith a request to reconcider the law andreach a decision.

3. Where the Assembly shall approve sucha law for the second time by a two thirdmajority, the President shall promulgateit within forty-five days.

4. Every law approved by the Assembly andpromulgated by the President shall bepublished in the official bulletin and shallcome into force after the fifteen days ofits publication, unless the law shall pre-scribe a different time limit.

Article 73

(The Deputy)

1. Every deputy shall represent the generalinterests of the Somali people.

2. Before assuming functions in the Assem-bly a Deputy shall take the followingOath.

<<In the name of God and country I swearthat I shall faithfully, selflessly and withfull confidence serve the Somali People,implement the principles of the Revolu-tion of 21st. October, 1969, abide by theConstitution and laws of the country, car-

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ry out of the socialist principles, protectthe general interests of the people andthe Somali state, defend with all my abi-lity the freedom, sovereignty and unity ofthe country, place the general interestabove may own interest, and practiceequality and Justice among the Somalipeople>>.

3. A Deputy shall not be prescuted for viewsand opinions expressed before the Assem-bly and its various committees in the ex-ercise of his responsibilities.

4. No criminal procedings shall be institutedagainst a deputy, nor shall he be arres-ted, or his person or domicile be subjec-ted to search, except in cases of flagran-te delicato or with the authorization ofthe Assembly or the standing committee,when the Assembly is not in session pro-vided that such an act shall be subseque-ntly validated by the Assembly.

5. A Deputy shall discharge his responsibi-lities in the Assembly while pursuing hisordinary duties. While the Assembly isin session, or when entrusted with tasksrelating to his Assembly responsibilitiy,a Deputy shall be entitled to an honorar-ium which shall be fixed by a special law.

Article 74

(Removal and recall of a Deputy)

Every deputy who shall fail to fulfill the

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conditions of his membership, or shall failto discharge the duties relating to hisresponsibility shall be relieved of such re-sponsibility.

2. The electors may recall any deputy inwhom they have lost confidence on theproposal of one fourth of the electors.

3. The decision to relieve a deputy from hisresponsibilities shall be taken by a simplemajority of the People's Assembly.

Article 75

(Investigations by the Assembly)

1. Every Deputy shall have the right to pro-pose motions and put questions to the Go-vernment or its members, which the Go-vernment shall be obliged to answer wi-thin twenty days.

2. The Assembly may order investigationsthrough committees comprising its mem-bers.

SECTION 2

The Standing Committee

Article 76

(Responsibilities of the Standing Committee)

The Standing Committee shall be the or-

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gan which shall dirct the business of the As-sembly and shall assume the responsibilitiesof the Assembly between sessions and shallhave its powers with the exclusion of thosementioned in article 67, paragraphs 1,3,7 and8 and article 82 paragraphs 3 and 12 of theConstitution.

Article 77

(Membershop of the Standing Committee)

1. The Standing Committee shall comprisethe following members

- Chairman;

- Vice-Chairmen;

- Secretary ; and

- Ten members.

2. The Chairman and Vice - Chairmen of theAssembly shall become the Chairman andVice - Chairmen of the Standing Commit-tee.

Article 78

(The powers of the Standing Committee)

The standing committee shall have the fol-lowing powers :

1. Legislation and amendment of laws du-ring recesses, subject to subsequent va-lidation by the Assembly:

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Geneva, CH

2. Interpretation of laws and resolutions ofthe Assembly;

3. The convening of ordinary and extraordi-nary sessions of the Assembly ;

4. Supervision of election of Deputies to theAssembly ;

5. Any other powers granted by the Con-stitution or the peoples' Assembly.

CAPITAL TWO

PRESIDENT OF THE

SOMALI DEMOCRATIC REPUBLIC

Article 79

(Head of State)

The President of the Somali DemocraticRepublic shall be the Head of State and shallrepresent state power and the unity of theSomali People.

Article 80

(Election and term of office)

1. The candidate for the President of theRepublic shall be proposed by the CentralCommittee of the Somali RevolutionarySocialist Party and shall be elected by thePeople Assembly.

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2. The election of the President shall be bya majority of two thirds of the Deputieson the first and second ballots A simplemajority shall be sufficient on the thirdballot.

:. The Assembly may relieve the Presidentof his responsibility in accordance withthe procedure laid down in paragraphs 1and 2 of this article.

4. The President of the Republic shall holdoffice for six years beginning from thedate of taking the Oath of office and shallbe eligible for re-election.

5. Before assuming office, the Presidentshall take the Oath of office set out inarticle 73 of the Constitution.

Article 81

(Qualifications for election)

Every Somali whose father and motherare of Somali origin, shall not have marrieda person not of Somali origin, has fulfilled theconditions for election to the Assembly, andhas attained the age of forty may be eligibleto become the President of the Somali Demo-cratic Republic. The President of the Repub-lic, while in office, shall not marry a personnot of Somali origin.

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Article 82

(Duties and powers of the President)

In addition to the powers and duties gran-ted by the Constitution and the laws, the Pre-sident of the Somali Democratic Republicshall have the following powers and duties :-1. Representation of the state in relationswith foreign states ;

2. Representation of the unitary nature ofthe political leadership of party and sta-te ;

3. Ratification of international treaties re-lating to defence and security, sovereig-nty and independence of the Republic, onthe approval of the Central Committee ofthe Party and People's Assembly ;

4. Ratification of other international agree-ments ;

5. Reception and accreditation of ambassa-dors and heads of foreign missions;

6. Chairmanship of joint meetings of Partyand state institutions;

7. Appointment and dismissal of Ministersand deputy-ministers ;

8. Appointment and dismissal of the Presi-dent of the Supreme Court, Attornery-

- 36 -


General of the state, having heard theopinion of the Central Committee of theSomali Revoluticnary Socialist Party ;

9. Appointment and dismissal of senior sta-te officials having heard the opinion ofthe council of ministers ;

10. Grant mercy and commute sentences

11. To be Commander-in-chief of the armedforces and chairman of the National De-fence Council ;

12. Declare states oj' war and peace after aut-horization by the Central Committee ofthe Party and People's Assembly ;

13. Initiate a referendum when the countryis faced with important issues

14. To issue Presidential Decrees

15. Confer medals and other state honours.

Article 83

(Extraordinary powers of the President)

1. The President of the Somali DemocraticRepublic, shall have the power, after con-sultations with the National Defence Co-uncil, to proclaim emergency rule throu-

- 37 -


ghout the country or a part of it, and takeall appropriate measures when faced wi-th grave matters endangering the sove-reignty, internal or external security ofthe country, or in circumstances of abso-lute necessity.

2. In the event of a state of war the Presi-dent shall assume power over the entirecountry, and those articles of the consti-tution which shall be incompatible withsuch a situation shall be suspended.

Article 84

(Vice Presidents.)

1. The President of the Somali DemocraticRepublic having heard the opinon of theCentral Committee of the Party and Pe-ople's Assembly may appoint one or moreVice-Presidents.

2. Before assuming functions the vice-pre-sident or vice presidents shall take theOath of office set out in article 73 of theconstitution.

Article 85

(Incapacity to discharge responsibility)

1. In case of death, resignation, or perma-net disability of the President of the So-mali Democratic Republic, a new Presi-

- 38 -


dent shall be elected within sixty days inaccordance with the procedure laid downin article 80 of the constitution.

2. Until the election of a new President, orin case of a temporary disability of thePresident the first Vice-President shalltemporarily assume the presidency.

CAPITAL THREE

THE GOVERNMENT

Section 1

(Central Government)

Article 86

(Council of Ministers)

1. The Council of Ministers shall be the su-preme executive organ of the Central Go-vernment.

2. The Council of Ministers shall conist ofthe chairman of the council and ministe-rs.

3. The President of the Somali DemocraticRepublic shall be the chairman of the Co-uncil of Ministers.

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Geneva, CH

4. The President may appoint a Prime Mi-nister if he shall deem it appropriate.

Article 87

(Powers of the Council of Ministers)

In addition to the powers granted by theconstitution and laws the Council of Ministe-rs shall have the following powers :-

1. To present draft laws to the peoples As-sembly ;

2. To direct, coordinate and supervise Go-vernment activities.

3. To issue decrees.

4. To direct activities relating to the defenceand security of the state.

5. To prepare the annual budget and accou-nts.

6. To lay down the plan for the economic de-velopment of the country ;

7. To conclude agreements with foreign co-untries and international institutions.

8. To take every step to safe guard the inte-rest of the state and public order withinthe powers granted by the constitution.

- 40 -


Article 88

( Organisation of the Government )

1. A special law shall establish the powersand functions of the Council of Ministersnot specified by the constitution and thenumber and functions of the Ministeries.

2. The organisational structure of the Coun-cil of Ministers, ministeries and relatedoffices shall be determined by a presiden-tial decree.

Article 89

(Penal liability of Ministers)

1. Ministers shall be liable for crimes resul-ting from the execution of their functions.

2. The law shall determine the precedurefor presecuting ministers for crimes men-tioned in paragraph 1 of this article andany other crimes.

Article 90

(Oath of office)Before assuming their functions Govern-

ment members shall take the Oath of office setout in article 73 of the constitution, before thePresident of the Republic.

Article 91

(Government Programme)

Subsequent to its appointment, the Gove-

- 41


rnment shall present its programme to theCentral Committee of the Party and the Peo-ple's Assembly.

Article 92

(Deputy Ministers)

Ministers in their functions may be assi-sted by deputy ministers appointed by thePresident of the Republic, having heard theopinion of the Council of Ministers.

SECTION 2

Decentralisation of power and administration

Article 93

(Administrative Decentralisation)

As far as possible administrative func-tions shall be decentralised to local admini-stration and public bodies.

Article 94

(Local Admini.tration)

1. Local adminis'r-taive powers shall be anintegral part of the Central Governmentpowers in the Somali Democratic Repu-blic.

2. The law shall determine local administra-tive powers in accordance with the prin-ciple of democratic centralism.

- 42 -


Article 95

(People's local councils)

1. The people shall directly elect membersof the peoples local councils.

2. The law shall determine the structure,powers, sources of revenue and the rela-tionship between the people's local coun-cils the party, People's Assembly and theState.

CAPITAL FOUR

THE JUDICIARY

SECTION 1

Principles of Justice

Article 96

(Objectives of Justice)

1. The courts and the office of the Attorner-General shall protect the socialist systemof the State and its social structure.

2. The courts and the office of the Attorne-ry-General, in the fulfilment of their re-sponsibility shall inculcate in the Soma-li citizen a sprit of participation in theconstruction of the country, defence of

- 43 -


the socialist system, observence of thelaws, social cooperation and the faithfuldischarge of state and social duties.

3. The Judiciary shall ensure observance ofthe laws, and shall guarantee the protec-tion of the freedom, rights and life of thecitizen, interests and dignity of the hu-man being.

Article 97

(Unity of the Judiciary)

The Judiciary of the Somali DemocraticRepublic shall be unified.

Article 98

(Independence of the Judiciary)

Judges and Attornery-General shall be in-dependent in the performance of their func-tions and shall be guided by the rule of law,they shall not be relieved of their responsibili-ties except in conditions provided by the law.

Article 99

(Court Proceedings)

1. The Court proceeding shall in principlebe oral and shall be open to the public. Thelaw shall determine the conditions in wh-ich the proceedings shall be in Camera.

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Geneva, CH

2. Judgements of courts shall be pronoun-ced in the name of the Somali people.

SECTION 2

The Courts

Article 100

(Courts of the Republic)

1. The Courts of the Somali Republic shallcomprise the following -

- The Supreme Court;

- Courts of Appeal;

- Regional Courts;

- District Courts ;

- Judicial Committees of the work-ing sites and

- Military Courts.

2. Special courts whose jurisdiction andstructure shall be determined by law, maybe established.

3. People's Judges shall participate in thecourts as determined by special law.

Article 101

(The Supreme Court)

The Supreme court shall be the highestjudicial organ in the Somali Democratic Re-public. It shall regulate and supervise theactivities of all the courts.

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( Article 102 )

(Organisation of the Judiciary)

The organisation of the Judiciary in theSomali Demecratic Republic and the mode ofappointment of judges shall be determined bya special law.

SECTION 3

Office of the Attornery-General

Article 103

(The Attornery-Genera! of the State)

1. The office of the State Attornery-Generalshall comprise: The Attornery-Generaland his deputies.

2. The establishment of the office of the At-tornery-General and its functions shall bedetermined by a special law,

Article 104

(Responsibilities of the State

Attornery-General

1. The office of fhe State Attornery Generalshall ensure tbe strict observance of thelaws of the country.

2. It shall ensure that the decisions, ordersand directions of State institutions arein accordance with the Contsitution andthe laws of the country.

- 46 -


3. It shall initiate proceedings aginst any-one who shall commit a crime.

4. It shall supervise the prisons and refor-matories.

5. It shall protect the rights of the weakersection of society.

6. It shall fulfil any other functions prescri-bed by the law.

SECTION 4

The Higher Judiciary Council

Article 105

(spcnsibilies of the Higher

Judiciary Council )

1. The Higher Judiciary Council shall be theorgan which shall direct the general poli-cy and administration of the Judiciary.

2. The Higher Judiciary Council shall advi-se the President of the Republic on mer-cy, appointment, transfer, promotion,and dismissal of Judges and members ofthe office of the Attornery-General.

3. It shall supervise the functions and con-uict of Judges and members of the office

of the Attorney-General.

4. The structure of the Higher Judiciary Co-uncil and its functions shall be determi-ned by a special law.

- 47 -


Article 106

(Chairmanship of the Higher

Judiciary Council)

The President of the Somali DemocraticRepublc shall be the Chairman of the HigherJudiciary Council.

SECTION 5Constitutional Court

Article 107(Constitutionality of. laws)

1. There shall be a Constitutional Court whi-ch shall have the power to decide on theconstitutionality of laws.

2. The Constitutional Court shall be compo-sed of the Supreme Court and members ofthe People's Assembly nominated by thePresident having heard the opinion ofthe Standing Committee of the People'sAssembly.

3. The functions, composition and the termof the Constitutional Court shall be deter-mined by a special law.

CHAPTER VDEFENCE AND SECURITY OF

THE COUNTRYArticle 108

(Responsibilities 4if the Armed Forces)1. The Armed Forces shall protect the sove-

reignty and independence of the SomaliDemocratic Republic, the achievementsand fruits of the Revolution against in-ternal and external enemies, ensure in-ternal security and order and shall parti-

- 48 -


cipate in the construction of the country.2. The State shall develop the capability and

technical expertise of the Armed Forces,raise their political consciousness, and in-culcate in them the spirit of nationalismand self-sacrifice for the motherland.

Article 109

(Structure of the Armed Forces)

The structure and the organisation of theArmed Forces shall be determintd by a spe-cial law.

Article 110

(National Defence Council)

1. The responsibilities of the National De-fence Council shall be to evaluate condi-tions relating to the defence and the se-curity of the country and mobilise all re-sources necessary for meeting the defen-ce needs of the country.

2. The President of the Somali DemocraticRepublic shall be the Chairman of the Na-tional Defence Council and shall appointother members.

3. The law shall determine the powers of theNational Defence Council both in timesof peace. and war.

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CHAPTER VI

MISCELLANEOUS PROVISIONS

Article 111

(The Basic Law)

1. The Constitution shall have supreme le-gislative authority.

2. The Constitution of the Somali Democra-tic Republic shall be the basis for all la-ws, Decrees and orders of State institu-tions.

Article 112

(Amendments to the Constitution)

1. Amendments to the Constitution may beproposed by the President of the SomaliDemocratic Republic, the Central Com-mittee of the Party or one third of themembership of the People's Assembly.

2. The People's Assembly shall approveAmendments to the Constitution by a twothirds majority.

3. Amendments to the constitution shall notaffect the following :-

a) The Republican system of the coun-try ;

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b) The adoption of the principle of so-cialism ;

c) Territorial Unity

d) The fundamental rights and free-doms of the citizen and individual.

Article 113

(Transitional Provisions)

1. The laws at present in force shall conti-nue to apply and those sections which arefound incompatible with the Constitutionshall be amended within one year.

2. Until such time that the institutions pre-scribed by the Constitution are establi-shed, their powers shall be exercised byexisting institutions.

Article 114

(Entry into Force)

The Constitution shall come into forcewith effect from the date of the declaration ofresults of the referendum of approval by thepeople.


CHAPTER I

General Principles

SECTION 1

The Republic

Article 1 The Somali State Page 1

Article 2 Flag, Emblem and the Ca-pital >> 1

Article 3 Religion and language >> 2Article 4 The Unity of the Somali

People >> 2

Article 5 State territory >> 3

Article 6 Equality of Citizens > 3

SECTION 2

The Party

Article 7 Authority and leadershipof the Party > 3

Article 8 Unitary nature o fthe lea-dership >> 4

Article 9 Deliberations, decisionsand implementation > 4

Article 10 Complementarity of Par-ty and State duties >> 4

Article 11 Party Statute > 5

- I -


Article 12

Article 13

Article 14

Social organisations

Powers and duties of So-cial organisations

Democratic Centralism

SECTION 3

Foreign Policy

Article 15

Article 16

Article 17

Article 18

Article 19

The principle of self-de-termination

Somali territories undercolonial occupation

Policy of neutrality andpeaceful co-existence

Policy of Cooperation

International Legal Order

CHAPTER II

Fundamental rights, freedoms and duties ofthe Citizen and individual

Article 20

Article 21

Article 22

Political, economic andsocial rights

Right to work

Right to election

- II -


>> 5

>> 6

>> 6

>) 6

>> 7

>> 7

>) 7

>) 8

>> 8

>> 8

>) 9

Article 23 Right to education 9

Article 24 Freedom of prcessions,pubblication and opinion > 9

Article 25 Rights to life and perso-nal security >> 10

Article 26 Personal liberty >> 10

Article 27 Security of the person un-der detention >> 11

Article 28 Private ownership >> 11

Article 29 Privacy of the home >> 12

Article 30 Freedom of communica-tion >> 12

Article 31 Freedom of religion >> 12

Article 32 Right to institute legalproceedings and right ofdefence >) 13

Article 33 Penal liability >> 13

Article 34 Non-retroactivity of pe-nal laws >> 13

Article 35 Extradition and politicalasylum >> 14

Article 36 Protection of Public Pro-perty >> 14

Article 37 Participation in economicgrowth >> 14

Article 38 Defence of the mother-land >> 15

- lII -


Article 39 Observance of the Con-stitution and laws

CHAPTER III

Socio-economic foundation

SECTION 1

The Economy

Economic development

I Economic sectors

Land & marine resouxces

Economic Planning

I External & internal .-rdae

5 Proaection of Currency

; Education

>> 15

>> 15

>> 16

>> 17

>> 17

>> 17

>> 17

>> 18

SECTION 2

Promotion of Education and Science

Article

Article

Article

Article 50

Compulsory education

Eradication of illiteracy

Promotion of science andarts

Youth and Sports

>> 18

>> 19

>> 19

>> 19


Article

Article

Article

Article

Article

Article

Article

SECTION 3

Cultural and social welfare

Article

Article

Article

Article

Article

Article

Article

Article

Article

Article 60

Promotion of culture

Social customs

Child care

Rural Development

Health

Family welfare

Work and the workers

Evaluation of work

Social insurance and as-sistance

Legislative Authority

CHAPTER V

Organisational Structure of the State

CAPITAL ONE

The People's Assembly

Rules and

Article 61

SECTION 1

Functions of the People's Assembly

Election to the People'sAssembly >> 23


>> 20

>> 20

>> 20

>> 21

>> 21

>> 21

>> 22

>> 22

>> 23

>> 23

Article 6

Article 6

Article 64

Article 65

Article 66

Article 67

Article 68

Article 69

Article 70

Article 71

Article 72

Article

Article

Article 75

Article 76

Article 77

Article 78

Term of office

3 Dissolution of the Peo-ple's Assembly

Sessions

Meetings and decisions

Rules of procedure

Powers of the Assembly

Delegation of LegislativeAuthority

Emergency Decree Laws

Draft laws

Laws relating to PartyStrategy

Promulgation and pub-blication of laws

The Deputy

Removal and recall of aDeputy

Investigations by the As-sembly

SECTION 2The Standing Committee

Responsibilities f theStanding Committee

Membership of the Stand-ing CommitteeThe powers of the Stand-ing Committee

-VI --


>) 24

>) 25

>> 25

>> 26

>> 26

>> 27

>> 28

>> 28

>> 29

>> 29

>> 29

> 30

>> 31

>> 32

>> 32

>> 33

>> 33

CAPITAL TWO

President

Article 79

Article 80

Article

Article

Article 83

Article

Article

of the Somali Democratic Republic

Head of State > 34

Election and term of of-fice >> 34

Qualifications for election • 35

Duties and powers of thePresident >> 36

Extraordinary powers ofthe President >> 37

Vice-Presidents • 38

Incapacity to dischargeresponsibility • 38

CAPITAL THREE

The Government

SECTION 1

Article

Article

Article 88

Article 89

(Central Government)

Council of Ministers

Powers of the Council ofMinisters

Organisation of the Go-vernment

Penal liability of Mini-sters

-VII -


Geneva, CH

39

>> 40

>> 41

>> 41

Article 90

Article 91

Article 92

Oath of office

Government Programme

Deputy Ministers

SECTION 2

Decentralisation of power and administration

Article 93 Administrative decentra-lisation >> 42

Article 94 Local administration > 42

Article 95 People's local councils >> 43

Article 96 Ocjectives of Justice 43

Article 97 Unity of the Judiciary > 44

CAPITAL FOUR

The Judiciary

SECTION 1

Principles of Justice

Article 98

Article 99

Independence of the Ju-diciary

Court proceedings

SECTION 2

The Courts

Article 100 Courts of the Republic

>> 44

>> 44

> 45

- VIII "


Article .101 The Supreme Court

Article 102 Organisation of the Ju-diciary

SECTION 3

Office of the Attorney-Generalthe State

Article 103 The Attorney-General of

Article 104 Responsibilities of theState Attorney-General

SECTION 4

The Higher Judiciary Council

Article 105 Responsibilities of theHigher Judiciary Council

Article 106 Chairmanship of the Hi-gher Judiciary Council

SECTION 5

Article 107

Constitutional Court

ConstitUtionality of laws

CHAPTER V

Defence

Article 108

Article 109

andI Security of the Country

Responsibilities of theArmed Forces >>

Structure of the ArmedForces >>


>> 45

>> 46

> 46

>> 46

>) 47

> 48

Article 110 National Defence Council >>

Article 111 The Basis law >>

CHAPTER VI

Miscellaneous Provisions

Article 112

Article 113

Article 114

Amendments to the Con-stitution

Transitional Provsions

Entry into Force


Documents

Somali Democratic Republic Constitution 1979 · somal; democratc 1oepublc the -constitution mogadishu, 1979 c/o peoples assembly reproduction by permisson of the inter-parliamentary