General Provisions

PREAMBLE

IN THE NAME OF GOD
THE MERCIFUL AND BENEFICIENT
THE SOMALI PEOPLE

CONSCIOUS of the sacred right of se1f-determination of peoples solemnly consecrated in the Charter of the United Nations;

FIRMLY decided to consolidate and protect the independence of the Somali Nation and the right to liberty of its people, in a democracy based on the sovereignty of the people and on the equality of rights and duties of all citizens;

DETERMINED to cooperate with all peoples for the consolidation of liberty, justice and peace in the world, and in particular with those peoples with whom they are linked by history, religion, culture and political outlook for the creation of a better future;  

IN CONSTITUTING THEMSELVES into a unitary, sovereign and independent Republic, lay down as the basis of the juridical and social order of the Somali Nation the following:

Article 1 The Republic
1. Somalia is an independent and fully sovereign State. It is a representative, democratic and unitary Republic. The Somali people is one and indivisible.
2. Sovereignty belongs to the people who shall exercise it in the forms determined by the Constitution and the laws. No part of the people nor any individual may claim sovereignty or assume the right to exercise it.
3. Islam shall be the religion of the State.
4. The national flag shall be azure in colour, rectangular, and shall have a white star with five equal points emblazoned in its centre.
5. 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 emabattlement with five points in Moorish stile, the two lateral points halved, shall be borne 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.

Article 2  The People
1. The people consists of all the citizens.
2. The manner of acquiring and losing citizenship shall be established by law.
3. No person may be denied citizenship or deprived thereof for political reasons.

Article 3 Equality of the Citizens
All citizens, without distinction of race, national origin, birth, language, religion, sex, economic or social status, or opinion, shall have equal rights and duties before the law.

Article 4 Territory of the State
1. The national territory is sacred and inviolable.
2. The territorial sovereignty shall extend to the continental territory, the islands, the territorial sea, the subsoil, the air space above and the continental shelf.
3. Any modification of the national territory must be authorized by a law approved by a four-fifth majority of the members of the National Assembly.
4. 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.

Article 5 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 Constitution may be invalidated on the initiative of the interested party in accordance with the provisions of the Constitution.

Article 6 The Republic in the International Order
1. The generally accepted rules of international law and international treaties duly concluded by the Republic and published in the manner prescribed for legislative acts shall have the force of law.
2. The Republic repudiates war as a means of settling international disputes.
3. 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 Somali Republic shall promote, by legal and peaceful means, the union of Somali territories and encourage solidarity among the peoples of the world, and in particular among African and Islamic peoples.

Article 7 Human Rights
The laws of the Somali Republic shall comply, in so far as applicable, with the principles of the Universal Declaration 0£ Human Rights adopted by the General Assembly of the United Nations on 10 December 1948.

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female