Description
of the State, General Principles & Fundamental Rights
General
Provisions
1.
The country which gained its independence from the United Kingdom of Great
Britain and Northern Ireland on 26th June 1960 and was known as the
Somaliland Protectorate and which joined Somalia on 1st July 1960 so
as to form the Somali Republic and then regained its independence by the
Declaration of the Conference of the Somaliland communities held in Burao
between 27th April 1991 and 15th May 1991 shall hereby
and in accordance with this Constitution become a sovereign and independent
country known as “The Republic of
Somaliland”.
2.
Sovereignty resides in the people who shall exercise it in accordance
with the Constitution and other laws.
Article 2: The Territory of
the Republic of Somaliland
1.
The territory of the Republic of Somaliland covers the same area as
that of the former Somaliland Protectorate and is located between Latitude 8’
to 11’ 30’ north of the equator and Longitude 42’ 45 to 49’ East; and consists
of the land, islands, and territorial waters, above and below the surface, the
airspace and the continental shelf.
2.
The Republic of Somaliland is bordered by the Gulf of Aden to the
north; Somalia to the east; the Federal Republic of Ethiopia to the south and
the west; and the Republic of Djibouti to the north west.
3.
The territory of the nation is inviolable, and shall not be trespassed
upon.
Article 3: The Capital
The capital of the Republic
of Somaliland is Hargeisa.
Article 4: Citizenship
1.
Any person who is a patrial[1]
of Somaliland, who is the descendant of a person residing in Somaliland on 26th
June 1960 or earlier, shall be recognised as a citizen of Somaliland.
2.
The law shall determine the acquisition or loss of the citizenship of Somaliland.
Article 5: Religion
1.
Islam is the religion of the nation, and the promotion of any religion
in the territory of Somaliland, other than Islam, is prohibited.
2.
The laws of the nation shall be grounded on, and shall not be valid if
they are contrary to Islamic Sharia.
3.
The state shall promote
religious tenets (religious affairs), and shall fulfil Sharia principles and
discourage immoral acts and reprehensible behaviour.
4.
The calendar shall be the Islamic Calendar based on the hijra[2]
and the Gregorian Calendar.
Article 6: Language
1.
The official language of the Republic of Somaliland is Somali, and the
second language is Arabic.
2.
Other languages shall be used when necessary.
Article 7: The Flag, the
Emblem and the National Anthem
1. The flag of the Republic of Somaliland shall
consist of three horizontal, parallel and equal sections, the top section of
which is coloured green and has inscribed in its midst in white in Arabic
language (the phrase) La Ilaaho
Ila-Allaah Muhammad Rasuulah-Allaah (There
is no God, but Allah and Mohammad was his Prophet); the middle section is
white and has inscribed in its midst an equally sided five pointed black star;
and the bottom section is coloured clear red.[3]
2. The emblem[4]
of the nation shall consist of a coffee coloured falcon with (the words), in
Arabic language, “ALLAHU AKBAR” (God is
great) inscribed on its breast. Below the eagle are two hands shaking, and
a set of scales hang above it and come down on both of its sides. The falcon
and (and the scales and hands) are in turn surrounded on both sides and below
by two strands of green leaves intertwined at the base, and with the Arabic
words Bismillahi Rahmani Rahim[5]
inscribed at the top gap between the two leaves.
3. The National Anthem shall be determined by law and shall reflect the principles of the Constitution, the national aspirations, and co-operative social order; and shall have its own unique music which is different from those of other countries.
4.
Any partial or total changes to the flag, the emblem and the national
anthem shall be approved by a resolution of the House of Representatives.
General Principles
Article 8: Equality of
Citizens
1.
All citizens of Somaliland shall enjoy equal rights and obligations
before the law, and shall not be accorded precedence[6]
on grounds of colour, clan, birth,
language, gender, property, status, opinion etc.[7]
2.
Precedence and discrimination on grounds of ethnicity, clan
affiliation, birth and residence is prohibited; and at the same time programmes
aimed at eradicating long lasting bad practices shall be a national obligation.[8]
3.
Except for the political rights reserved for citizens, foreigners
lawfully resident in Somaliland shall enjoy rights and obligations before the
law equal to those enjoyed by citizens.
Article 9: Political System
1.
The political system of the Republic of Somaliland shall be based on
peace, co-operation, democracy and plurality of political parties.
2.
The number of political parties in the Republic of Somaliland shall not
exceed three (3).
3.
A special law shall determine the procedures for the formation of a
political party, but it is unlawful for any political party to be based on
regionalism or clanism .
Article 10: Foreign
Relations
1.
The Republic of Somaliland shall observe all treaties and agreements
entered into by the former state of Somalia with foreign countries or
corporations provided that these do not conflict with the interests and concerns
of the Republic of Somaliland.
2. The Republic of Somaliland recognises and shall act in conformity with the United Nations Charter and with international law, and shall respect the Universal Declaration of Human Rights.
3. The Republic of Somaliland accepts the principles of the self-determination of the nations of the world.
4. It accepts that political disputes which arise shall be settled through dialogue and peaceful means, and shall respect the territorial integrity of other countries.
5. It shall endeavour to replace the long-standing hostitlity between the countries in the Horn of Africa with better understanding and closer relations.
6. The state of the Republic of Somaliland is an independent republic which has its place among the Arab nations, and the peoples of Africa and the Islamic World, and shall accordingly endeavour to join the United Nations, the Organisation of African Unity, the Arab League and organisation of Islamic states.
7. The state of the Republic of Somaliland shall oppose terrorism etc.[9] (and similar acts), regardless of the motives for such acts.
1.
The state shall lay down the national economic policy based on the
principles of free enterprise and the joint working of private property, public
property, the national wealth and foreign investment so as to realise the
growth of productivity, the raising of the standard of living, the creation of
jobs, and, in general, the advancement of the economy of the nation.
2. In order to ensure that the economic system does not lead to the exclusive enrichment of a group or a small section of the public, and to avoid (both) the creation of economic classes consisting of those who are prosperous and those who are not, and the widening of the economic gulf between the urban and rural communities, the state shall ensure that social benefits and economic opportunities are provided in a just and equitable manner.
3.
The state shall ensure the security[10]
of foreign investment in the country; and such investment shall be regulated by
law.
Article 12: Public Assets,
Natural Resources and Indigenous Production
1. The land[11] is a public property commonly owned by the nation, and the state is responsible for it.
2.
The care and safeguarding of property (public), endowments and public assets is the responsibility of the
state and all citizens; and shall be determined by law.
3.
The Government shall have the power to own and possess movable and immovable
property; and to purchase, sell, rent, lease, exchange on equivalent value, or
otherwise expend that property in any way which is in accordance with the law
4. The central state is responsible for the natural resources of the country, and shall take all possible steps to explore and exploit all these resources which are available in the nation’s land or sea. The protection and the best means of the exploitation of these resources shall be determined by law.
5. Where it is necessary to transfer the ownership or the benefits of a public asset, the transfer shall be effected in accordance with the law.
6.
The state shall encourage indigenous economic production such as
agriculture, livestock, fisheries, minerals, production of frankincense and
myrrh and gum etc., and manufacture based on indigenous products.
7.
The payment of Zakat[12]
is a cornerstone of Islam, and its administration shall be determined by law.
The state shall establish a
Central Bank which shall direct the monetary system and the currency of the
nation. The opening of commercial and
development banks shall be made possible and private banks shall be accorded
preferential status.
Article 14: Taxes and Duties
1.
The imposition of taxes and other duties shall be based on the interests
and well being of the society. Therefore, no taxes or duties which have not
been determined by law shall be collected
2.
The levying, non-payment and changes in taxes and other duties shall be
determined by law.
3.
Usury and commercial practices which are against the interests of the
society and unlawful enrichment are prohibited.
Article 15: Education, Youth
and Sports
1.
The state shall pay particular attention to the advancement, extension
and dissemination of knowledge and education as it recognises that education is
the most appropriate investment that can play a major role in political,
economic and social development.
2.
Education is in the public interest, and is rooted in the experience
and the special environment of the Somaliland society.
3.
The learning of and training in the Islamic religion is a fundamental
path and shall be compulsory at all
levels of education. At the same time, the promotion of Koranic schools is the
responsibility of the state.
4.
Citizens and resident foreigners may open schools and educational or
training projects of all levels in accordance with the Education law.
5.
The state shall accord a first priority to primary education, and shall
endeavour to spread primary education to the regions and the districts.
6.
The eradication of illiteracy and the (provision) of adult education is a national obligation, and the
efforts of the public and the state shall be combined to fulfil this
obligation.
7. The national policy is that primary education shall be free[13].
8. In order to ensure a healthy physical and mental growth of the young, and to improve their well being and maturity, the state shall give special attention to the promotion and encouragement of physical education and sports which will be recognised as one of the basic subjects in the educational curriculum of both state and other schools.
Article 16: Promotion of Knowledge, Literature, Arts and Culture
1. The state shall
promote knowledge and literature, and shall encourage creativity and research.
2. The law shall
determine the rights to authoring, creating and inventing.
3. The state shall promote the Arts and the modest culture of the society whilst at the same time benefiting from the knowledge of other world societies. Literature, the arts, and indigenous sports shall be specially encouraged whilst Islamic behaviour is observed.
4. The state shall promote the Arts and the modest culture of the society,[14] and shall eradicate customs which damage religion, development, culture and the health of the society. The manufacture of alcohol and the cultivation or the sale or use of intoxicants (drugs) in the territory of Somaliland is prohibited.
Article 17: Health
1.
In order to fulfil a policy of promoting public health, the state
shall have the duty to meet the
country’s needs for equipment to combat communicable diseases, the provision of
free medicine, and the care of the public welfare.
2.
The state shall be responsible for the promotion and the extension of
healthcare and private health centres
Article 18: The Environment and the Relief of Disaster
1.
The state shall give a special priority to the protection and
safeguarding of the environment which is essential for the well being of the
society and the care of the natural resources.
Therefore, the care of and the damage to the environment shall be
determined by law.
2.
The state shall undertake relief in disasters such as famine, storms,
epidemics, earthquakes, and war.
Article 19: The Care of the Vulnerable of Society
The state shall be responsible
for the health, care, development and education of the mother, the child, the
disabled who have no one to care for them, and the mentally handicapped persons
who are not able and have no one to care for them
Article 20: Work, Trade, and the Welfare of Employees
1.
All able citizens have a right and a duty to work. The state shall, therefore, be responsible
for the creation of work and the facilitating of the skills training of employees.
2. The conditions of work of the young and women, night working and working establishments shall be regulated by the Labour Law.
3. All employees have a right to payment appropriate to the work they undertake, and are free to enter into agreements with their employers on an individual or collective basis. Forced labour is prohibited.
4. The state shall endeavour to create understanding and clear rights between employees and employers and shall accordingly introduce a law (in this respect).
5. Sate employees and members of the armed forces shall be entitled remuneration for their duties and to payments for sickness, injury, or disability in accordance with the law.
6. The state shall promote the support systems, insurance and safety of employees and shall strengthen the relevant responsible bodies.
The Rights of the Individual, Fundamental Freedoms
and the Duties of the Citizen
1.
The legislative, executive and judicial branches of the state and the
local government of the regions and the districts of the Republic of Somaliland,
of all levels, shall be bound by the provisions of this Part.
2.
The articles which relate to
fundamental rights and freedoms shall be interpreted in a manner consistent
with the international conventions on human rights and international laws referred
to in this Constitution.
Article 22: Political,
Economic, Social and Electoral Rights
1. Every citizen shall have the right to participate in the political, economic, social and cultural affairs in accordance with the laws and the Constitution.
2. Every citizen who fulfils the requirements of the law shall have the right to be elected (to an office) and to vote.
Article 23: Freedom of
Movement and Association
1.
Every person who is a citizen or lawfully resident in the country shall
be free to move to or settle at any place of his choice, or leave or return to
the country at will.
2.
The matters (rights) set out
in Clause 1 of this Article are subject to any law which forbids the movement
to or settlement at specific places or during specific times.
3.
All citizens shall have the right to form, in accordance with the law,
political, educational, cultural, social, occupational or employees’
associations.
4.
Associations with objectives which are contrary to the public interest
or are secret or are military in nature or armed or are otherwise against the
law, whatever their outward appearance might be, are prohibited.
Article 24: The Right to
Life, Security of the Person, Respect for Reputations and Crimes against Human
Rights
1. Human life is the gift of Allah and is beyond price. Every person has the right to life, and shall only be deprived of life if convicted in a court of an offence in which the sentence laid down by law is death.
2. Every person
shall have the right to security of his person. Physical punishment and any other injury to the person is
prohibited.
3. Every person
shall have the right to have his dignity, reputation and private life
respected.
4. Crimes against
human rights such as torture, extra-judicial
killings, mutilation and other similar acts shall have no limitation periods.
Article 25: The Right to
Liberty, Guarantees and the Conditions of Rights and Freedoms
1.
No person shall be deprived of his liberty except in accordance with
the law.
2.
No person may be arrested, searched, or detained, except in the case of
flagranto delicto, or on the issue
of a reasoned arrest warrant by a
competent judge.
3.
The state shall guarantee to all citizens the rights and freedoms and
the punishment for any of their infringements shall be determined by law.
4.
The freedoms of the person shall not override the laws protecting the
national interest, the security of the country or the rights of other
individuals.
Article 26: Crime and
Punishment
1.
Crimes and (their) punishment
shall be laid down by the law, and no punishment shall be administered in a
manner which is contrary to the law.
2.
The liability for the punishment of any crime shall be confined to the
offender only.
3.
An accused person is innocent until proven guilty in a court.
Article 27: The Rights of
Persons Deprived of their Liberty
1.
Any person who is deprived of his liberty has a right to meet as soon
as possible his legal representative, relatives or any other persons he asks
for.
2.
Any person who is deprived of his liberty because of alleged criminal
offences shall have the right to be brought before a court within 48 (forty
eight) hours of his arrest.
3.
No person shall be compelled to proffer a confession, a witness
statement or testimony under oath. Any such matters (evidence) obtained under duress shall be void.
4.
No person shall be detained in a place which is not determined by law.
5.
The law shall lay down the maximum period in which a person can be
detained in custody pending investigations.
6.
Any accused person who is convicted by a court shall have the right to
appeal to a higher court.
7.
When a person is detained in
custody or his detention is extended, he shall have the right to have his
status communicated to any person he so chooses.
8.
Prisons are for reform and correction. The state is responsible for the
rehabilitation and skills training of prisoners so that they can return to
society with reformed characters.
9.
The punishment for the infringement of Clauses 1 to 7 of this Article
shall be determined by law.
Article 28: Right to Sue and Defend
1.
Every person shall have the right to institute proceedings in a
competent court in accordance with the law.
2.
Every person shall have the right to defend himself in a court.
3.
The state shall provide free legal defence in matters which are
determined by the law, and court fees may be waived for the indigent.
Article 29: The Sanctity of
the Home
The home and other dwellings
shall be inviolable, and their surveillance, search and entry shall not be allowed
without a reasoned order from a judge.
Any such order must be read properly to the proprietor or occupier
before entry is effected. It is
prohibited for any person carrying out a search to contravene the order of the
judge.
Article 30: Freedom of
Communication
No person’s private written
communication, postal letters, or telecommunications shall be interfered with
except in matters in which the law allows their investigation, tracing or
listening in and a reasoned order from a judge has been obtained.
Article 31: The Right to Own
Private Property
1.
Every person shall have the right to own private property, provided
that it is acquired lawfully.
2.
Private property acquired lawfully shall not be expropriated except for
reasons of public interest and provided
that proper compensation is paid.
3.
The law shall determine matters that are within the public interest,
which may bring about the expropriation
of private property.
Article 32: Freedom of
Public Demonstration, Expression of Opinion, Press and other Media
1.
Every citizen shall have the freedom, in accordance with the law, to
express his opinions orally, visually, artistically or in writing or in any
other way.
2.
Every citizen shall have the freedom, in accordance with the law, to
organise or participate in any peaceful assembly or demonstration.
3.
The press and other media are part of the fundamental freedoms of
expression and are independent. All
acts to subjugate them are prohibited, and a law shall determine their
regulation.
Article 33: Freedom of
Belief
1.
Every person shall have the right to freedom of belief, and shall not
be compelled to adopt another belief.
Islamic Sharia does not accept that a Muslim person can renounce his
beliefs.
2.
The Mosque is a blessed place and deserves veneration. It is the place for preaching religion and
for providing the nation guidance in spiritual and temporal matters, and the
preaching therein of matters which would divide the nation (sedition) is prohibited. The state shall be responsible for its
general protection and any practicable support.
Article 34: The Duties of
the Citizen
1.
Every citizen shall have the duty, in accordance with the law, to
strengthen the unity of the nation, the protection of the sovereignty of the
state, and the defence of the country and the religion.
2.
Every person has the duty to respect the Constitution and the laws of
the country.
3.
Every person has the duty to pay promptly his taxes and other duties as
imposed under the law.
4.
Every person shall have the duty to care for, protect and save the
environment.
5.
The law shall determine the punishment for failure to fulfil the duties
imposed in Clauses 1 to 4 (of this
Article).
Article 35: Extradition of
Accused and Convicted Persons and Political Asylum
1.
Any foreigner who enters the country lawfully or is lawfully resident
in the country and who requests political asylum may be accorded asylum if he
fulfils the conditions set out in the law governing asylum.
2.
The extradition of a Somaliland citizen to another country is
prohibited.
3.
The Republic of Somaliland may extradite to their countries convicted
or accused foreigners if there is a treaty between the Republic of Somaliland
and the country requesting their extradition.
Article 36: The Rights of
Women