GoSL Somaliland Constitution

Somaliland Constitution
Said M Jama
Aid Coordination Expert
Ministry of National Planning and
Article 10: Foreign Relations
1.The Republic of Somaliland shall observe all
treaties[27] 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.
Article 10: Foreign Relations
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
Article 10: Foreign Relations
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.
Article 10: Foreign Relations
5. It shall endeavour to replace the long-standing
hostility 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
Article 10: Foreign Relations
7. The state of the Republic of Somaliland
shall oppose terrorism (and similar
acts), regardless of the motives for such
Article 21:Implementation and Interpretation
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[43] shall be interpreted in a manner
consistent with the international conventions on
human rights[44] and also with the international laws
referred[45] to in this Constitution.
Article 128:The Basis and the Supremacy of
the Constitution
The Constitution shall be based on Islamic
2. The Constitution shall be the supreme law
of the land, and any law which does not
conform to it shall be null and void
Article 130:The Implementation of the
1. This Constitution shall come into force when a
referendum[215] has been held and the outcome of
the referendum is known. It shall, however, be
implemented, in the interim, for a period of three
years[216] (3) beginning from the date when it is
approved by the 3rd Conference of the Somaliland
2. If the referendum can not be held within the set
period, the interim period in which the Constitution is
implemented may be increased by the
Parliament[217] (the Representatives and the
Article 130:The Implementation of the
3. In the event of one of the circumstances
listed in Article 50[218] happening to a
member of the House of Elders or the House
of Representatives, the community which he
represented shall fill that vacancy until such
time the system of elections through parties
is adopted.
Article 130:The Implementation of the
4. In the event of the circumstances listed in Article
86 happening to the President or the Vice-President
or both until such time a party system with direct
elections is adopted[219], the two Houses
(Representatives and Elders) shall elect jointly,
within 45 days, the President or the Vice-President
or both. The Speaker of the House of Elders shall fill
the vacant office during the period preceding such
Article 130:The Implementation of the
5. All the laws which were current and which did not
conflict with the Islamic Sharia, individual rights and
fundamental freedoms shall remain in force in the
country of the Republic of Somaliland until the
promulgation of laws which are in accord with the
Constitution of theRepublic of Somaliland.[220] At
the same time, laws which conform to the
Constitution shall be prepared, and each such law
shall be presented within minimum time scales set
by the House.
Article 130:The Implementation of the
6. If the regions and districts fail to set up their
councils within 3 (three) months, the
Government, in consultation with the relevant
members of the Houses of Representatives
and Elders who represent these regions or
districts and also with the elders in these
communities, shall appoint, on a temporary
basis, regional and district administrators.
The Somalia Degree
Implementing the 1946 Convention on
Privileges and Immunity of the UN
The Presidential Degree
The Presidential Degree regarding the
Construction Project by the Government or
The Presidential Degree
The MoPW should consulted for any
construction project by the Government in
order to find whether the Ministry can
execute it or not
The MoPW shall carry out any construction
project by the Government, if the Ministry
has the capacity to do it
The Presidential Degree
3. If the MoPW does not have the capacity of
implementing a construction project or the
project is an aid of which the donor prefers
to sub-contract to private construction
companies, the Engineers of the MoPW
should be involved in the following ways:
a) To approve the construction project or make
blue print of the construction ( which ever is
agreed by the parties)
The Presidential Degree
b. To price the construction project, and take
part in all sub-contracting arrangements
c. To supervise, monitor and evaluate the
construction project, ensure its quality on the
basis of ‘’ Construction Codes and
The Presidential Degree
d. To assess the stages of the construction in
relation to payment instalments,
e. To provide the Certificate of Completion;
f. To get hold of the original copy of the
construction document- at the completion of
the construction-in order to file it and enter
the details of the building into the Register
General of Long-Term Assets.