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                                      1ST DRAFT

 

                  THE CHARTER OF THE SOMALI TRANSITIONAL FEDERAL REPUBLIC

                                       IN THE NAME OF GOD THE MERCIFUL AND BENEFICENT

THE SOMALI PEOPLE

 AWARE of the unprecedented hardships the people of Somalia suffered in the civil war, including loss of life of hundreds of thousands, millions rendered homeless, lost their property and livelihood, became refugees and/or internally displaced and minorities, women and children subjected to terrible abuses of their fundamental human rights and dignity including physical elimination;

WHEREAS peace and stability as essential pre-requisite for development and prosperity require the end of all hostilities, eradication of mistrust and hatred, the healing of the wounds caused by the civil war and the establishment and maintenance of good neighborliness and cooperation;

CONSCIOUS that national and regional institution-building, socio-economic reconstruction and development are urgent need and further contribute to the peace, justice and well-being of the people;

REALIZING the aspirations of the Somali people for peace, justice, unity and a government based on essential values of freedom, democracy social and economic justice and the rule of law, and in particular to heal the divisions of the past, to improve the quality of life of all Somalis, and to ensure that all Somalis are able to live in Somalia free from fear, discrimination, disease and hunger;

COMMITED to co-operate with all peoples and nations on the basis of reciprocity for the consolidation of peace, justice and liberty in the world, and in particular with those peoples with whom they are linked by history, religion, culture, political outlook and neighborly interdependence for the creation of a better future;

FIRMLY DECIDED to maintain, consolidate and protect the independence and unity of the Somali Nation in a democracy based on the sovereignty of the people and on the equality of rights and duties of all citizens;

EXERCISING fundamental values and obligations of the Act of Union and the Somali Constitution of 1960, on which this Somali Transitional Federal Charter is based, for continuity of the sovereignty of the Somali Nation;

IN RECONSTITUTING THEMSELVES into a federal, sovereign and independent Republic, lay down as the basis of the juridical and social order of the Somali Nation the following Transitional Federal Charter:

 

THE TRANSITIONAL FEDERAL CHARTER

PART I

GENERAL PROVISIONS

 

Art. 1. (The Transitional Federal Republic)

1.      The Somalia is an independent, democratic, representative and fully sovereign state based on equality liberty, justice, peace, work and progress. The official name of the National State shall be Somali Transitional Federal Republic during a transitional period of three years.

 

2.      It adopts a Transitional Federal system of governance initially composed of the current three States and 9 Individual Regions of the country.

 

3.      The Transitional Federal Government shall assist in the establishment of …..(number)  additional States from among the Individual Regions transform themselves into viable federal entities within a transitional period of three years.

 

4.      Sovereignty belongs to the people who shall exercise it in the forms determined by the Charter and the laws. No part of the people nor any individual may claim sovereignty to or assume the right to exercise it.

 

5.      Islam is the religion of the State.

 

6.       The national flag shall be azure in colour, rectangular, and shall have a white star with five equal points emblazoned in its centre.

 

7.      The emblem of Somalia shall be composed of an azure escutcheon with a gold border and shall bear a silver five-pointed star. The escutcheon, surmounted by an embattlement with five points in Moorish stile, the two lateral points halved, shall be borned by two leopards rampant in natural form facing each other, resting on two lances crossing under the point of the escutcheon, with two palm leaves in natural form interlaced with a white ribbon.

 

8.      Mogadishu shall be the national capital subject to (1) an agreed and adopted National Capital Statutes establishing its boundaries, administrative structures, political representation, security management, and (2) prior resolution of the current issues of property and land rights. The Transitional Federal Government may select another city/town in the country as its seat during the transitional period for security and legal reasons.

 

Art. 2.  (The People). –

  1. The people consist of all the citizens of Somalia.

 

  1. The manner of acquiring and losing citizenship shall be established by law.

 

  1. No person may be denied citizenship or deprived thereof for political reasons.


 

Art. 3  (Official Language)

1.      The official language shall be Somali. Arabic and English are second languages for religious, scientific and technological promotion.

 

Art. 4 (Equality of the Citizens) 

  1. All citizens, without distinction of race, national origin, birth, language, religion, gender, economic or social status, opinion, or other discriminatory distinctions shall have equal rights and duties before the law.

 

Art. 5 (Boundaries of the State)

1.      The national territory is sacred and inviolable.

 

2.      The territorial sovereignty shall extend to the continental territory, the islands,

territorial sea, the Exclusive Economic zone, the subsoil, the air space above and the continental shelf. (Delineation of Boundaries still undecided)

 

3.  The law shall determine the parts of the territory and the property, which belong to the State and to public bodies, and establish the legal status thereof.

 

Art. 6.  (Supremacy of the Law).

1. The organization of the State and the relationships between the State and other persons, public or private, shall be governed by law.

 

2. Administrative acts contrary to law and legislative acts contrary to the Charter may be invalidated on the initiative of the interested party in accordance with the provisions of the Charter.

 

Art. 7.  (The Republic in the International Order)

  1. The generally accepted rules of international law and international treaties duly concluded by the Transitional Federal Republic and published in the manner prescribed for legislative acts, shall have the force of law.????

 

  1. The Transitional Federal Republic repudiates war and violence as a means of settling regional and international disputes.

 

  1. It accepts, on conditions of parity with other States, limitations on its sovereignty necessary for the establishment of a system to ensure peace among Nations.

 

4.      The Transitional Federal Republic shall promote and encourage solidarity among the peoples of the world, in particular, among the African, Arab and Islamic peoples.  The Republic is a member, among others, of the Inter Governmental Authority for Development (IGAD), African Union, League of Arab States, Organization of Islamic Conference, Non aligned Movement and the United Nations.

 


 

Art. 8.  (Human Rights).

1.        The laws of the Somali Transitional Federal Republic shall comply, in so far as applicable, with the principles of the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on 10 December 1948 as well as other international covenants pertaining to human rights to which the Republic is a party.

 

2.        As stipulated in international conventions on human rights, certain rights such as the right to life, freedom from torture, freedom from slavery, freedom of thought, conscience and religion cannot be suspended or restricted even during legitimate emergency.

 

PART II

FUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZENS

 

Art 9.   (Right to Vote). –

1.      Every citizen who possesses the qualifications required by law shall have the right to vote.

 

  1. The vote shall be personal, equal, free and secret.

 

Art. 10.   (Right of Access to Public Office). –

1.              Every citizen who possesses the qualifications required by law shall be equally eligible for public office.

 

Art. 11.  (Right of Petition). –

1.       Every citizen shall have the right to address written petitions to the Transitional Federal President, Parliament and Government.

 

2.       Every petition which is not manifestly unfounded shall be examined.

 

Art. 12.  (Right of  Work and  Residence). –

1.       Every citizen shall have the right to reside, work and travel freely in any part of the territory of the State and shall not be subjected to deportation.

 

2.       Every citizen shall have the right to leave the territory of the State and to return thereto.

 

Art.13. (Right of Political Association). –

1.      Every citizen shall have the right to associate in political parties, without previous authorization, for the purpose of co-operating democratically and peacefully in the shaping of national policy.

 

2.      Political parties and associations, which are secret, have an organization of a military character or have a tribal denomination shall be prohibited.

 

3.      Registration of political parties shall be regulated by law.

 

Art. 14. (Right to Form Trade Unions). –

  1. Every citizen shall have the right to form trade unions or join them for the protection of his economic interest.


 

 

  1. Trade Unions organized according to democratic principles shall be considered juridical persons according to law.

 

  1. Trade Unions being juridical persons may negotiate collective labour contracts binding on their members.

 

Art. 15.  (Right of Economic Initiative). –

1.      Every citizen shall have the right to economic initiative within the framework of the law.

2.      The law may control the exploitation of the economic resources of the territory of the State

 

Art. 16.  (Duty of Loyalty to the Homeland and State ). –

  1. Every citizen shall have the duty to loyally observe this Transitional Federal Charter and the laws of the country.

 

  1. It is the duty of every citizen to: (a) preserve and protect public and private property, (b) defend the country, maintain the internal security, uphold the national unity and preserve State secrets.

 

  1. Every person shall contribute to public expenditure according to his/her capacity of payment.

 

  1. A system of taxation based on principles of social justice shall be established by law.

 

  1. Military service shall be governed by law.

 

PART  III

FUNDAMENTAL HUMAN RIGHTS

 

TITLE I

RIGHT TO LIBERTY

 

Art. 17. (Right to Life and to Personal Integrity).

  1. Every person shall have the right to life and to personal integrity.

 

  1. Arbitrary limits to such rights may not be established.

 

  1. The law may prescribe the death penalty only for the most serious crimes against human life or the personality of the State.

 

Art. 18.  (Personal Liberty)

  1. Every person shall have the right to personal liberty.

 

  1. Subjection to any form of slavery or servitude shall be punishable as a crime.

 

 

  1. No person shall be liable to any form of detention or other restriction of personal liberty except when apprehended in flagrante delicto or pursuant to an act of the competent judicial authority, stating the grounds thereof, in the cases and in the manner prescribed by law.

 

  1. In cases of urgent necessity, expressly defined by law, the competent administrative authority may adopt provisional measures, which shall be communicated without delay to the competent judicial authority and confirmed by it within the time and in the manner prescribed by law, failing which such measures shall be deemed to have been revoked and shall be void.

 

  1. In each case of detention or other restriction of personal liberty, the reasons for the measure shall be communicated to the person concerned without delay.

 

  1. No person shall be subjected to security measures except in the cases and in the manner prescribed by law and pursuant to an act of the competent authority, stating the grounds thereof.

 

  1. No person shall be subjected to inspection or personal search except in the cases and under the provisions laid down in paragraphs 3, 4 and 5 of Article 18, and in other cases as prescribed by law for judicial, sanitary or fiscal reasons, and in the manner prescribed thereof.  In every case, the self-respect and moral dignity of the person concerned must be preserved.

 

Art. 19.   (Guarantees in Cases of Restriction of Personal Liberty).

  1. Any physical or moral violence against a person subject to restriction of personal liberty shall be punishable as a crime.

 

Art. 20. (Extradition and Political Asylum)

  1. Extradition may be granted only in the cases and in the manner prescribed by law, and subject to international convention.

 

  1. No person may be subjected to extradition for political offences.

 

  1. Any alien persecuted in his own country for political offences shall have the right to asylum in the territory of the national State, in the cases and under the conditions provided by law.

 

Art. 21. (Limits to Personal Service and Property Levy).

  1. No personal service or property levy may be imposed save in accordance with the law.

 

Art. 22. (Freedom of Domicile). 

  1. Every person shall have the right to the inviolability of his domicile.
  2. No inspection, search or seizure shall be carried out in the domicile or in any other place reserved for personal use except in the cases and under the provisions laid down in paragraphs 3, 4 and 5 of Article 18 and in other cases as prescribed by law for judicial purposes and in the manner prescribed therefor.

 

  1. Inspections for public health, safety or fiscal purposes shall not be carried out, except in the cases and in the manner prescribed by law.

 

Art. 23.  (Freedom of Correspondence).

  1. Every person shall have the right to freedom and secrecy of written correspondence and of any other means of communication.

 

  1. Limitations thereon may be imposed only in the cases and under the provisions laid down in paragraphs 3, 4 and 5 of Article 18 and in other cases as prescribed by law for judicial purposes, and in the manner prescribed therefor.

 

Art. 24. (Social Equality).

  1. All persons are equal in social dignity.

 

Art. 25.  (Property)

  1. The right to own property shall be guaranteed by law, which shall define the modes of acquisition and the limits to the enjoyment thereof for the purpose of ensuring its social function.

 

  1. Property may be expropriated only for reasons of public interest and in the manner prescribed by law, in exchange for equitable and timely compensation.

 

Art. 26. (Freedom of Assembly).

  1. Every person shall have the right to assemble in a peaceful manner for a peaceful purpose.

 

2.      The law may provide that previous notice of public meetings to be given to the authorities. Meetings may be forbidden only for reasons of public health, safety, morality, order or security.

 

Art. 27.  (Freedom of Association).

  1. Every person shall have the right to freely form associations without authorization.

 

2.      No person may be compelled to join an association of any kind or to continue to belong to it.

 

  1. Secret associations or those having an organization of military character shall be prohibited.

 

Art. 28. (Right to Strike).

  1. The right to strike and picketing is recognized and may be exercised within the limits prescribed by law.  Any act tending to discriminate against, or to restrict, the free exercise of trade union rights shall be prohibited.

Art. 29.  (Freedom of  Opinion).

  1. Every person shall have the right to freely express his/her own opinion in any manner, subject to any limitations, which may be prescribed by law for the purpose of safeguarding morals and public security.

 

  1. Expression of opinion may not be subject to prior authorization or censorship.


 

Art. 30. (Freedom of Religion).

  1. Every person shall have the right to freedom of conscience; and to freely profess his/her own religion and to worship it subject to any limitations, which may be prescribed by law for the purpose of safeguarding morals, public health or order. 

 

TITLE II

SOCIAL RIGHTS

 

Art. 31.  (Protection of the Family).

  1. The family based on marriage, as being the fundamental element of society, shall be protected by the State.

 

  1. Parents shall provide for the support, education and instruction of their children, as required by law.

 

  1. The law shall provide for the fulfillment of the obligations set out in the preceding paragraph in case of death of the parents and whenever, by reason of incapacity or otherwise, the parents do not perform them.

 

  1. Children who are of full age shall be obliged to support their parents when the latter are unable to provide for themselves.

 

  1. The State shall protect motherhood and childhood and encourage the institutions necessary for this purpose.

 

6.      Society is to give children a special consideration and it is the duty of parents, society and the state to nurture, protect and educate them.

 

  1. The State shall recognize the protection of children of unknown parents as its duty.

 

  1. Women shall have the right to equal treatment with men, including the right to equal opportunities in political, economic and social activities, and they are entitled to be accorded the same dignity of person as men.

 

9.      Elderly people have all the rights and freedoms provided in the Charter and are entitled to health care, protection and assistance of family, society and state.

 

Art. 32.  (Welfare Institutions).

1.      Persons with disabilities have the rights and freedoms provided in the Transitional Federal Charter, and the National State shall, by legislation and policy measures, recognize their rights for respect and human dignity, and make provisions, as much as financially possible.

 

2.      The State shall promote and encourage the creation of welfare institutions for the physically handicapped persons and abandoned children for their protection, education and health.

 

Art. 33.  (Safeguarding of Public Morality).

  1. The State shall safeguard public morality in the manner prescribed by law.


 

Art. 34. (Protection of Public Health).

  1. The State shall protect public health and promote free medical assistance for indigent persons.

 

Art. 35.  (Education).

  1. The Transitional Federal Government shall undertake massive and sustained educational program to compensate of educational loss and damage of the past decades. The Government shall further encourage education, as being a fundamental interest and priority of the community, and provide for the creation of State schools open to all.

 

  1. Primary education in public schools shall be free.

 

  1. Freedom of teaching shall be guaranteed by law.

 

  1. Organizations and individuals shall have the right to establish, in accordance with law and without obligation of financial support from the State, schools and educational institutions.

 

  1. Private schools and educational institutions may have a parity of status with State schools and institutions under conditions laid down by law.

 

  1. Pupils of Islamic faith shall be taught the Teaching of Islam in primary and secondary State Schools. Teaching of The Holy Koran for Muslims shall be a fundamental element in primary and secondary State schools.

 

  1. Institutes of higher culture shall have their own autonomous organization, within the limits prescribed by law.

 

  1. a) Somali language shall be the medium of instruction in elementary schools. Arabic and English shall be taught as second languages.

b) English shall be the medium of instruction in intermediate and secondary schools. Somali and Arabic shall be taught as mandatory languages.

 

  1. The Transitional Federal and Regional States Governments shall encourage and promote the re-establishment, enhancement and/or create Universities and specialized Colleges nationwide.

 

Art. 36.  (Protection of Labour).

  1. The State shall protect labour and encourage it in all its forms and applications.

 

  1. Forced and compulsory labour of any kind shall be prohibited. The cases, in which labour may be ordered for military or civil necessity or pursuant to a penal conviction, shall be prescribed by law.

 

  1. Every worker shall have the right to receive, without any discrimination, equal pay for work of equal value, so as to ensure an existence consistent with human dignity.
     
  2. Every worker shall have the right to a weekly rest and annual leave with pay; and shall not be compelled to renounce it.

 

  1. The law shall establish the maximum working hours, weekly rest, annual leave and the minimum age for the various types of work; and shall ensure that minors (in the case of rural and pastoral societies) and women work only under suitable conditions.

 

  1. The National State shall protect the physical and moral integrity of the workers.

 

Art. 37.  (Social Security and Assistance).

  1. State shall promote social security and assistance by law.

 

2.      The State shall guarantee to its civil and military employees the right to pension; it also shall guarantee, in accordance with law, assistance in case of accident, illness or incapacity for work.

 

TITLE  III

JUDICIAL GUARANTEES

 

Art. 38.  (Right to Institute Legal Proceedings).

  1. Every person shall have the right to institute legal proceedings, under conditions of full equality before a lawfully constituted Court.

 

Art. 39.  (Protection Against Acts of the Public Administration).

  1. Judicial protection against acts of the public Administration shall be allowed in all cases, in the manner and with the effects prescribed by law.

 

Art. 40.  (Civil Liability of the State for the Acts of its Officials and Employees).

  1. Whoever suffers damages from acts or omissions in violation of his rights by officials or employees of the State or public bodies in the performance of their duties, shall have the right to obtain compensation from the State or the public bodies concerned.

 

  1. The penal, civil and administrative liability of officials and employees for the acts or omissions referred to in the preceding paragraph shall be governed by law.

 

Art. 41.  (Right of Defence).

  1. The right of defence shall be allowed at every stage of legal proceedings.

 

  1. The State shall guarantee, under the conditions and in the manner prescribed by law, free legal aid to the poor.  In case of capital punishment, free legal aid shall be provided for all.

 

Art. 42. (Non-retroactive Nature of Penal Law).

  1. No person may be convicted for an act, which was not punishable as an offence under the law in force at the time when it was committed; nor may a heavier punishment be imposed than the one applicable at that time.

 


 

Art 43.  (Penal Liability).

  1. Penal liability shall be personal.  Any kind of collective punishment shall be forbidden.

 

  1. The accused shall be presumed innocent until proven guilty.

 

Art. 44.  (Social Purpose of Punishment).

  1. Punishment that restricts personal liberty shall not consist of treatment contrary to feelings of humanity or be such as to obstruct the moral rehabilitation of the convicted person.

 

Art. 45. (Enforcement of Punishment).

  1. Supervision over the enforcement of punishment and security measures shall be exercised by competent Court in accordance with  the law.

 

Art. 46. (Redress of Judicial Errors).

  1. The conditions and the procedures for the redress of judicial errors shall be prescribed by law.

 

PART IV

ORGANIZATION OF THE STATE

 

TITLE  I

THE TRANSITIONAL FEDERAL PARLIAMENT

Section I:  Organization and membership of the Transitional Federal Parliament

 

Art. 47. (Composition of the Transitional Federal Parliament).

  1. The Transitional Federal Parliament shall be composed of two Houses of Parliament:

a)      An Upper House, called The Federal Senate House, is to be effectively constituted after the establishment of all Regional States is completed???;

b)      A Lower House, called House of Representatives.

 

Art. 48. (Membership of the Transitional Federal Parliament)

  1. The number of Federal Senators in the Federal Senate House shall be (35?) with equal number of representation of the Regional States of the Federation (7 per State), regardless of the population disparities of the States. Federal Senate members shall be appointed/nominated from senior traditional elders, former Presidents, Prime Ministers, Distinguished Personalities and women. The National Capital shall not have representatives in the Federal Senate House as the National Capital Authorities shall consist of representatives of the Regional States.

.

  1. The number of deputies of the House of Representatives shall be (171?) members nominated from the respective States and Regions (and/or appointed at the SNRC at Mbagathi by the various community representatives there) on fair and equitable community and regional balance. Women representation should not be less than 25% of the members of the House of Representatives.
     
  2. Every citizen who has the right to vote and attained 25 years of age shall be eligible to be a Deputy.

 

Art. 49. (Legislative Powers of the Transitional Federal Parliament)

  1. ……………Federal Senate House?

 

  1. Legislative powers shall be vested in the House of Representatives of the Transitional Federal Parliament.

 

Art. 50. (The Doctrine of Islam in the Legislation)

  1. The doctrine of Islam shall be the main source of laws of the State.

 

Art. 51. (Term of Office and Elections).

  1. The term of office of each of the two Houses of the Transitional Federal Parliament shall be for a period of three years starting from the date of the signing of the final reconciliation agreement.  This term shall not be extended or reduced.

 

  1. Each Federal Senator and each Deputy shall be appointed for a period of three years starting from the date of the signing of the final reconciliation agreement.  Any changes to a legislator’s term of office shall have no effect on the duration of the legislature.

 

  1. The orderly conduct of the Houses of the Transitional Federal Parliament shall be maintained by the Houses of the Transitional Federal Parliament themselves through itheir Presidents or through whoever acts on behalf of the Presidents in accordance with the rules of procedure.

 

Art. 52. (Duties and Emolument of Legislators)

  1. Every Federal Senator and Deputy represents the State and the people and shall exercise his/her functions for the higher national interest without being bound by any mandate.

 

  1. Where a Federal Senator or a Deputy ceases to exercise his/her functions, his/her seat shall be declared vacant by the concerned House of the Transitional Federal Parliament and shall be filled in the manner prescribed by law.

 

  1. Federal Senators and Deputies shall not be eligible for cabinet and civil service appointments.

 

  1. Federal Senators and Deputies of Transitional Federal Parliament in office shall be entitled the emoluments and daily sitting allowances fixed by law.

 

Art. 52. ( Dissolution of the Transitional Federal Parliament).

  1. The Transitional Federal Parliament shall not be dissolved during the transitional period and before the end of its term of office.

 

Section II:  Powers and Functions

Art. 53. (Sessions of the Transitional Federal Parliament).

  1. Each of the Houses of the Transitional Federal Parliament shall hold two annual sessions.
     
  2. Each of the Houses of Transitional Federal Parliament may be convened in extraordinary session by its President, or on the request of the President of the Republic, or of the Government, or of one fourth of the Senators and Deputies respectively.

 

Art. 54. (Amnesty and Indult).

  1. The power of granting amnesty and indult may be delegated to the President of the Republic by a law approved by the House of Representative of the Transitional Federal Parliament, by a two-third majority of the Deputies.

 

  1. Amnesty and indult may not be granted in respect of offences committed after the presentation of the draft law on the delegation of powers.

 

Art. 55. (Taxation and Expenditure).

  1. The imposition, modification and abolition of taxes shall be effected only by law.

 

  1. Laws involving new or larger State expenditure shall specify the means for meeting such expenditure.

 

3.      In the case of expenditure to continue for more than one year, the means to meet it may be limited to the budget for the current year.

 

Art. 56. (Budget and Annual Accounts).

  1. The Transitional Federal Parliament shall approve each year the estimated budget, which shall be presented by the Government at least two months before the end of the financial year.

 

  1. The law approving the budget may not establish new fiscal charges and new expenditures.

 

  1. Provisional application of the budget may be authorized by law for periods not exceeding three months in toto.

 

  1. Within the first six months of each financial year, the Government shall present to the House of Representatives of the Transitional Federal Parliament, for approval, the annual accounts relating to the previous financial year.

 

Art. 57. (International Treaties).

  1. The Transitional Federal Parliament shall authorize by law the ratification of political, military or commercial international treaties or of treaties, which involve a modification of the law or financial commitments not included in the budget.

 

Art. 58. (State of War).

  1. The Transitional Federal Parliament shall authorize the declaration of a state of  war in the event of an external aggression and confer on the Government the necessary powers.

Art. 59. (Power of Investigation of the Transitional Federal Parliament).

  1. Each Federal Senator and each Deputy shall have the right to put questions or to submit interpellations to the Government and to propose motions to their respective Houses of the Transitional Federal Parliament. The Government shall reply within twenty days.
     
  2. The Transitional Federal Parliament may order investigations through Committees consisting of Deputies from all parliamentary groups, in order to investigate occurrences or situations of public interest.  When it decides to order such an investigation the Transitional Federal Parliament shall establish, within the limits of the Charter, the powers of the Committee; it may also appoint experts to co-operate with the Committees.

 

Section III: Procedures

Art. 60.  (Rules of Procedure).

  1. Except as otherwise provided by the Transitional Federal Charter, the conduct of business in the two Houses of the Transitional Federal Parliament shall be governed by their respective rules of procedure approved by their respective Houses on the proposal of their respective Presidents or of at least five Deputies of either House.

 

  1. At their first meetings, each of the two Houses of Transitional Federal Parliament shall elect, from among the Federal Senators and Deputies, a President, one or more Vice-Presidents and the other Members of the offices of the Presidency, respectively.

 

  1. The meetings of the two Houses of the Transitional Federal Parliament shall be public. In exceptional cases only, the Parliament may decide to meet in closed session on a motion of the President of the House concerned, or at the request of the Federal Republic, or of the Federal Government, or of not less than one-fourth of the members of the House concerned.

 

  1. The decision of the Transitional Federal Parliament shall not be valid unless the absolute majority of the Deputies, not counting the seats declared vacant, are present.

 

  1. All  decisions shall be taken by a vote of the majority of those present, except when a special majority is required  by  the Charter or  by  law.

 

  1. No proposal rejected by the Transitional Federal Parliament may be re-introduced until six months have elapsed after the rejection.

 

Art. 61.  (Participation of the Cabinet).

  1. Cabinet members shall have the right to attend the meetings of the two Houses of the Transitional Federal Parliament and of the Committees and to take part in the discussions in exercise of their ministerial functions. Officials and experts, at the request of Ministers, may also attend such meetings and be heard.

 

  1. Cabinet members shall be present at the meetings if requested by either of the two Houses of the Transitional Federal Parliament.

 

Art. 62. (Oath of Office).

1.         Upon assuming his/her functions, each Federal Senator and Deputy shall take the following oath of loyalty to the State before the Transitional Federal Parliament:  “In the name of God, I swear that I will discharge faithfully all my duties in the interest of the people and will abide by the Transitional Federal Charter and the laws of State”.

 


 

Art. 63.  (Presentation and Discussion of Draft Laws).

1.      Each Federal Senator, Deputy and the Government shall have the right to present draft laws to the relevant House of the Transitional Federal Parliament.

 

  1. Prior to the Parliamentary debate, every draft law shall be examined by the relevant Parliamentary Committee, which shall present one or more reports thereon to the relevant House of the Transitional Federal Parliament.

 

  1. The Transitional Federal Parliament House concerned shall discuss each draft law in accordance with the rules of procedure.  It shall vote on it article by article, and in the end it shall vote on the draft law as a whole.

 

Art. 64. (Promulgation and Publication).

1.      Every law approved by the House of Representatives Transitional Federal Parliament shall be promulgated by the President of the Transitional Federal Republic within sixty days of its approval. (Role of the Federal Senate here??)

 

  1. Where the Transitional Federal Parliament declares by an absolute majority of its Members, that there is an urgent need, a law shall be promulgated within the time-limit fixed by the Transitional Federal Parliament, provided that such time-limit shall not be less than five days. (Roles of the HR and Senate in this case??)

 

3.      Within the period fixed for promulgation, the President of the Federal Republic may transmit to the Transitional Federal Parliament a message, stating the grounds thereof, requesting that the law be reconsidered.

 

  1. Where the Transitional Federal Parliament approves such law again by a two-third majority, the President of the Republic shall promulgate it within thirty days of the approval.

 

  1. Every law approved by the Transitional Federal Parliament and promulgated by the Head of State shall be published in the Official Bulletin and shall come into force on the fifteenth day following its publication, unless the law provides otherwise.

 

Art. 65. (Delegation of Legislative Power).

  1. The Federal Parliament may delegate to the Government the power to issue, on specified subjects or matters and for a limited period, provisions having the force of law. In delegating authority, the Federal Parliament may establish the policy and issue directives.

 

  1. Provisions made under a delegated power shall be issued by decree of the President of the Federal Republic on the proposal of the Council of Ministers.

 

Art. 66. (Decree-Laws).

  1. In case of urgent necessity, the Government may issue temporary provisions having the force of law.  Such provisions shall be issued by decree of the federal President, on the proposal of the Council of Ministers, and shall, within five days from the date of their publication, be submitted to the Transitional Federal Parliament for conversion into law.
     
  2. If in session, the Transitional Federal Parliament shall decide on their conversion into law within thirty days of the date of presentation; if not in session, it shall decide within thirty days of its first subsequent meeting.

 

  1. Provisions which are not converted into law shall cease to have effect ab initio; the Transitional Federal Parliament may, however, decide that such effect shall cease on a different date and may regulate the legal consequences arising from the non-conversion of such provisions.

 

Section IV:  Immunity

 

Art. 67. (Immunity of Legislators).

  1. Deputies shall not be prosecuted for facts mentioned, opinions expressed or votes cast in the exercise of their functions in Parliament.

 

  1. Without the authorization of the Transitional Federal Parliament, no criminal proceedings shall be instituted against a Deputy, nor shall a Deputy be arrested or otherwise deprived  of personal liberty  nor shall his person or domicile be subjected to search, except in case of flagrante delicto  for a crime in respect of which a warrant or order of arrest is mandatory, nor shall he be placed under arrest or detention in execution of a sentence, even when it has become final.

 

  1. In cases other than those involving criminal proceedings, an action may be taken against a Deputy in accordance with the law, without authorization of the Transitional Federal Parliament.

TITLE  II

THE PRESIDENT

OF THE TRANSITIONAL FEDERAL REPUBLIC

 

Art. 68. (Election).

  1. The President of the Transitional Federal Republic shall be the Head of the State and represents the unity of the Nation.

 

  1. The Transitional Federal President shall be elected by consensus/secret ballot by the Transitional Federal Parliament with a majority of two thirds of its members on the first and second ballots, or by an absolute majority of its members in subsequent ballots.

 

  1. On assuming his/her functions, the Federal President shall take the following oath of loyalty to the State before the Transitional Federal Parliament: “In the name of God I swear that I will, to the best of my ability, discharge faithfully all my duties as President of the Republic and defend the Charter and the laws of the land with all my strength in the interest of the Country and the people”.

 

Art. 69. (Qualifications for Eligibility).

1.      Any Somalia (Muslim) citizen whose father and mother are both Somali citizens, and who has the right to vote and is not less than forty-five years of age, shall be eligible to become President of the Transitional Federal Republic of Somalia.


 

2.      The President of the Republic shall not  be married to a non Somali national spouse.

 

3.      The Federal President shall not, during his term of office, exercise any other public function, except the right to vote, nor shall he/she engage in any professional, commercial, industrial or financial activity.

 

Art. 70. (Term of Office).

  1. The term of office of the President of the Transitional Federal Republic shall be three years from the date of his election/appointment.

 

Art. 71. (Emoluments and Establishment of the President of the Republic).

  1. The emoluments of the Federal President and the amount required for his establishment shall be fixed by law.

 

Art. 72.  (Disability, Resignation, Death).