Somalia is an African country located on the shores of the Gulf of Aden, and the Indian Ocean, sharing a border with Ethiopia, Djibouti, Kenya. The population of this country is approx 1,81,43,000 with 6,37,657 square kilometers area. Ethnically 85% Somali. Official languages are Somali and Arabic. 99.8% are Muslim.
According to the Constitution of Somalia, everyone has equal rights and responsibilities regardless of biological gender, religion, social or economic status, political opinion, clan, disability, occupation, birth or dialect; and the government will not discriminate against anyone on the basis of the aforementioned differences. Everyone has the right to join or not to join any organization. No marriage shall be valid without the free consent of both men and women. In addition, marriage of minors is illegal. The state shall provide free legal assistance to individuals or groups taking legal action in the interests of the people. Anyone arrested must be brought before a court within 48 hours.
These are positive aspects. Now let's discuss the negative aspects.
According to Article 95 of the Somali constitution, if it is proven by medical experts that the president is suffering from a terminal illness that is expected to cause his death within three months, the office of the president will be legally vacant. The office will be declared “legally vacant,” but who will do it? There is no explanation for that. If a doctor says so, the office of the president will become vacant? How can a doctor override parliament? Completely outlandish request. What if the rule were like this,
● If for any reason the health of the President is in question, the Parliament shall, by a majority of more than half of the votes, send him to a specialist doctor for a full body check-up;
● then, based on the doctor's report, the Parliament shall, by a two-thirds vote, remove him.
Then the whole thing would have been correct.
Admirable Articles of Somalia's Constitution
Article 11. Equality
1. All citizens, regardless of sex, religion, social or economic status, political opinion, clan, disability, occupation, birth or dialect shall have equal rights and duties before the law.
2. Discrimination is deemed to occur if the effect of an action impairs or restricts a person's rights, even if the actor did not intend this effect.
3. Government must not discriminate against any person on the basis of age, race, colour, tribe, ethnicity, culture, dialect, gender, birth, disability, religion, political opinion, occupation, or wealth.
4. All government programs, such as laws, or political and administrative actions that are designed to achieve full equality for individuals or groups who are disadvantaged, or who have suffered from discrimination in the past, shall not be deemed to be discriminatory.
Article 14. Slavery, Servitude and Forced Labour
A person may not be subjected to slavery, servitude, trafficking, or forced labour for any purpose.
Article 16. Freedom of Association
Every person has the right to associate with other individuals and groups. This includes the right to form and belong to organizations, including trade unions and political parties. It also includes the right not to associate with others, and a person cannot be forced to associate with individuals or groups.
Article 20. Freedom of Assembly, Demonstration, Protest and Petition
1. Every person has the right to organize and participate in meetings, and to demonstrate and protest peacefully, without requiring prior authorization.
2. Every person has the right to present petitions to governmental institutions.
Article 26. Property
1. Every person has the right to own, use, enjoy, sell, and transfer property.
2. The state may only compulsorily acquire property if doing so is in the public interest. Any person whose property has been acquired in the name of the public interest has the right to just compensation from the government as agreed by the parties or decided by a court.
Article 27. Economic and Social Rights
1. Every person has the right to clean potable water.
2. Every person has the right to healthcare, and no one may be denied emergency healthcare for any reason, including lack of economic capability.
3. Every person has the right to full social security,
4. Every person has the right to protect, pursue, and achieve the fulfilment of the rights recognised in this Article, in accordance with the law, and without interference from the state or any other party.
5. It shall be ensured that women, the aged, the disabled and minorities who have long suffered discrimination get the necessary support to realize their socio-economic rights.
Article 28. Family Care
1. Marriage is the basis of the family, which is the foundation of society. Its protection is a legal duty of the state.
2. Mother and child care is a legal duty of the state.
3. Every child has the right to care from their parents, including education and instruction. In instances where this care is not available from the family, it must be provided by others. This right applies to street children and children of unknown parents, the rights of whom the state has a particular duty to fulfil and protect.
4. Adults have a duty to support their parents if the parents are unable to care for themselves.
5. No marriage shall be legal without the free consent of both the man and the woman, or if one or both of them have not reached the age of maturity.
Article 34. Access to Courts
1. Every person is entitled to file a legal case before a capable court.
2. Every person has the right to a fair public hearing by an independent and impartial court or tribunal, to be held within a reasonable time, and to determine:
a. Any question of civil rights and obligations; or
b. Any criminal charge.
3. Every person is entitled to defend him or herself from the case he or she is party to, whatever the level or stage of the proceedings may be.
4. The state shall provide free legal defense to the people who do not have the means of doing so themselves.
5. The state shall provide free legal defense to individuals or communities if they are legally pursuing the public interest.
Article 35. The Right of the Accused
1. The accused is presumed innocent until proven guilty in a final manner by a court of law.
2. Every person arrested or detained has the right to be informed promptly of the reason for their arrest or detention in a language which the person understands.
3. Every person arrested or detained shall have the right for his or her family and relatives to be informed of his or her situation.
4. Every person may not be compelled to self-incriminate, and a verdict may not be based on evidence acquired by means of coercion.
5. Every person who is arrested has the right to be brought before a capable court within 48 hours of the arrest.
6. Every person who is arrested or detained has the right to choose, and to consult with, a legal practitioner and if he or she cannot afford one, the government must appoint a legal practitioner for him or her.
7. Every person brought before a court of law for an alleged criminal offence is entitled to a fair trial.
8. The accused has the right to be present at their trial.
9. The accused has the right to challenge the evidence presented against him or her.
10. The accused has the right to an interpreter if the accused person does not understand the language being used in the court.
11. The accused cannot be kept in an illegal detention centre, and must be granted visits by his or her family, doctor or lawyer.
12. Criminal liability is a personal matter and no person may be convicted of a criminal offence for an act committed by another person.
13. No person may be convicted of a crime for committing an act that was not an offence at the time it was committed, unless it is a crime against humanity under international law.
Article 66. House Sessions of the House of the People of the Federal Parliament (Part of it)
1. A newly elected House of the People of the Federal Parliament must hold its first sitting within 30 days of the declaration of the result of the general election, on a date fixed by the National Independent Electoral Commission.
2. The rules of procedure of the House of the People of the Federal Parliament shall determine the timings, dates and the resting period of the regular sessions of the House of the People of the Federal Parliament.
3. The House of the People of the Federal Parliament shall be convened for a special session whenever:
a. Called by the President of the Federal Republic acting on the request of the Council of Ministers;
b. Called by its Speaker;
c. Requested in writing by at least 20% of the members of the House of the People of the Federal Parliament.
Facts of Somalia's Constitution
Article 1. The Federal Republic of Somalia
1. Somalia is a federal, sovereign, and democratic republic founded on inclusive representation of the people and a multiparty system and social justice.
2. After Allah the Almighty, all power is vested in the public and can only be exercised in accordance with the Constitution and the law and through the relevant institutions. It is prohibited for a person or a section of the public to claim the sovereignty of the Federal Republic of Somalia, or to use it for their personal interest.
3. The sovereignty and unity of the Federal Republic of Somalia is inviolable.
Article 2. State and Religion
1. Islam is the religion of the State.
2. No religion other than Islam can be propagated in the country.
3. No law which is not compliant with the general principles of Shari'ah can be enacted.
Article 3. Founding Principles
1. The Constitution of the Federal Republic of Somalia is based on the foundations of the Holy Quran and the Sunna of our prophet Mohamed (PBUH) and protects the higher objectives of Shari'ah and social justice.
2. The Federal Republic of Somalia is a Muslim country which is a member of the African and Arab Nations.
3. The Federal Republic of Somalia is founded upon the fundamental principles of power sharing in a federal system.
4. The Constitution of the Federal Republic of Somalia promotes human rights, the rule of law, general standards of international law, justice, participatory consultative and inclusive government, the separation of powers between the legislature, executive and an independent judiciary, in order to ensure accountability, efficiency and responsiveness to the interests of the people.
5. Women must be included in all national institutions, in an effective way, in particular all elected and appointed positions across the three branches of government and in national independent commissions.
Article 4. Supremacy of the Constitution
1. After the Shari'ah, the Constitution of the Federal Republic of Somalia is the supreme law of the country. It binds the government and guides policy initiatives and decisions in all departments of government.
2. Any law, or administrative action that is contrary to the Constitution may be invalidated by the Constitutional Court, which has the authority to do so in accordance with this Constitution.
Article 17. Freedom of Religion and Belief
1. Every person is free to practice his or her religion.
2. No religion other than Islam can be propagated in the Federal Republic of Somalia.
Article 30. Education (Part of it)
● Education is a basic right for all Somali citizens.
● The teaching of Islam shall be compulsory for pupils in both public and private schools. Schools owned by non-Muslims shall be exempted from these measures.
Article 88. Eligibility Criteria for the Position of President of the Federal Republic of Somalia
Any citizen is eligible for the position of President of the Federal Republic of Somalia, as long as he or she meets the eligibility requirements of:
● Being a Somali citizen and a Muslim;
● Being not less than forty years of age;
● Having relevant knowledge or experience for the role;
● Having a sound mind;
● Not having been convicted by a court of a major crime.
Article 95. Vacancy in the Office of the President of the Federal Republic of Somalia
1. If the Office of President of the Federal Republic of Somalia falls vacant, the Speaker of the House of the People of the Federal Parliament shall act as President of the Federal Republic until such time as a new President of the Federal Republic is elected, within a maximum of thirty (30) days.
2. If the President of the Federal Republic suffers a terminal illness that is expected to lead to his or her death within a period of three (3) months and this is attested to by medical experts, the office of the President of the Federal Republic shall legally be deemed vacant.
3. The election of a President of the Federal Republic of Somalia to fill an office left vacant in accordance with Clause 2 of this Article shall be conducted in accordance with the presidential election procedure stated in Article 89 of the Constitution.
4. A President of the Federal Republic of Somalia elected in accordance with Clause 3 of this Article shall complete the remaining period of the term of the previous President.
Article 96. Oath of the President of the Federal Republic of Somalia
Before assuming office, the President of the Federal Republic of Somalia shall take an oath before the Federal Parliament, administered by the Chairman of the High Court, which shall be as follows:
"I swear in the name of Allah that I will perform my duties honestly and in the best interest of the Nation, People and Religion, and that I will abide by the Constitution and the other Laws of the Country"
Article 104. Oath
After obtaining a vote of confidence, the Prime Minister and the Council of Ministers shall, before assuming their duties, take the Oath in a special session of the House of the People of the Federal Parliament, administered by the Chairman of the High Court, and which shall read as follows:
"I swear in the name of Allah that I will perform my duties honestly and in the best interest of the Nation, People and Religion, and that I will abide by the Constitution and the other Laws of the Country"
