dhulQarnayn Posted May 19, 2008 I had a productive conversation this afternoon with two friends, during which I began to ponder over the nature of politics in Somalia. Specifically, I wondered what exactly politics would look like in Somalia once stability is restored? keeping in mind that against all odds the only sort of government that will restore our country's diginity will be a government by the people, for the people and of the people. Secondly, what sort of politicians or leaders would we like to have? With that in mind my brothers and sisters, allow me to give you a quick primer on what politics is from my own point of view. Politics is the struggle between relevant players in their attempt to gain greater share of limited resources. The word "resource" must be defined very broadly. In a corporate setting, resource is the opportunities to be promoted. In a democratic political system, resource is votes. In a traditional monarchical political system, resource can mean gaining favor with the emperor or king. In an economic setting, resource takes on its conventional meaning, which is literally those natural resources such as oil, minerals, and water. In a romantic setting, resource is the person being courted. For example, three guys are all interested in one girl, so politics will naturally arise among the former in order to gain the favor of the latter. The key to the existence of politics is scarcity. In an idealized world of inexhaustible abundance, there will be no politics, because everyone can have what he wants without intruding on the ability of others to have the same. But in real life and especially in Somalia, resources are limited. Therefore there will inevitably be struggle to gain greater share of these resources, thus politics arise. The struggle for resources take on two forms. Politics is the "non-violent" form and the form I wish to propagate on behalf of all Somalis, in which players pit their wits against each other in order to obtain greater share of the resources without resorting to physical violence. But when this form of struggle exhausts itself which I believe most Somalis are aware of, it takes on a violent character. This means war. This is why Lenin (or was it Stalin? ) said that "war is the continuation of politics by other means". Put it differently, war is the continuation of struggle for limited resources when it is no longer possible to obtain resources through non-violent manner. Hmmm.....I didn't have a very high regard for Lenin before. But I guess I was too ignorant to appreciate his insightful brilliance - nevertheless to the task at hand... What kind of politicians do we need to rise and guide Somalia through the next 10 years? If you were that politician: What would you choose for your core values? What would you prioritize? What would your mission statement look like? This is not about Cadullahi Yusif or Aweys, or Riyale or Zenawi or Shaydhaan. This is about you and what you feel the answers should be. PLEASE, PLEASE, DO NOT TURN THIS INTO AD HOMINEM ATTACKS ON ONE ANOTHER... Let's try to transcend beyond that kind of arguing. I leave you all with a quote from Abraham Lincoln who once said, “Fellow-citizens, we cannot escape history. No personal significance or insignificance can spare one or another of us. The fiery trial through which we pass will light us down in honor or dishonor to the latest generation. We say we are for the Union. The world will not forget that we say this. We, even we here, hold the power and bear the responsibility. In giving freedom to the slave we assure freedom to the free - honorable alike in what we give and what we preserve. We shall nobly save or meanly lose the last best hope of earth.” Quote Share this post Link to post Share on other sites
dhulQarnayn Posted July 13, 2008 No takers...I see! Quote Share this post Link to post Share on other sites
N.O.R.F Posted July 13, 2008 I will get onto the only viable political make up later but first things first; Law No. 000000001 Anyone who has had a part in any previous Somali government, at any level, between the years of 1960 to the present, shall be banned from participating in politics apart from the express approval of the house of elders/traditional leaders (political make up to be discussed later). Pushed for time. Will drop by later IA. Quote Share this post Link to post Share on other sites
Fabregas Posted July 13, 2008 Originally posted by dhulQarnayn: see!What would you choose for your core values? What would you prioritize? What would your mission statement look like?No takers...I Probably cuz there has been many other threads posing the similar question as you posed.Most recently Bokeros thread and many others before that! Still though I shant destory the party: go ahead people give us your dreams........ Quote Share this post Link to post Share on other sites
N.O.R.F Posted July 13, 2008 ^^How about we go for jugular to make it more interesting? Brof, what should the political make up be? I'm againt the current system of hundreds of parlimentarians, elections, etc. Constitution of Somalia (1963) CONSTITUTION OF THE SOMALI DEMOCRATIC REPUBLIC Preamble to the Constitution The Somali People collectively and individually struggling for a life of dignity and equality, and engaged in a fight to establish lasting peace and stability internally and externally, to realize the general interests of the working masses, and accomplish the major objectives of the revolution, unity of the nation, socialist equality and democracy in which the individual attains higher levels of political and social consciousness and strengthens the pillars of the revolution and national sovereignty, in order to achieve rapid political and socio-economic development, have resolved to adopt this constitution which shall constitute the basis of the struggle for the development of the Somali society, peaceful co-existence and mutual co-operation among nations of the world, especially those whose interests shall coincide. The Constitution of the Somali Democratic Republic Chapter I General Principles Section 1 The Republic Article 1 The Somali State 1. The Somali Democratic Republic is a socialist state led by the working class, and is an integral part of the Arab and African entities. 2. All sovereignty belongs to the people who shall exercise it through their representative institutions. ... Article 3 Religion and Language 1. Islam shall be the state religion. 2. Somali is the language which all Somalis speak and through which they recognise each other; Arabic is the language which links the Somali people with the Arab nation, of whom they are an integral part, and the two languages shall constitute the official languages of the Somali Democratic Republic. ... Article 5 State Territory 1. The state territory shall be sacred and inviolable. ... Article 6 Equality of Citizens All citizens regardless of sex, religion, origin and language shall be entitled to equal rights and duties before the law. Section 2 The Party Article 7 Authority and Leadership of the Party 1. The Somali Revolutionary Socialist Party shall be the only legal party in the Somali Democratic Republic; no other party or political organisation may be established. 2. The Somali Revolutionary Socialist party shall have supreme authority of political and socio-economic leadership in the Somali Democratic Republic. ... Article 19 International Legal Norms The Somali Democratic Republic shall recognise the Universal Declaration of Human Rights and generally accepted rules of international law. Chapter II Fundamental Rights, Freedoms and Duties of the Citizen and Individual Article 20 Political, Economic, and Social Rights Every citizen shall be entitled to participate fully in the political, economic, social and cultural activities in accordance with the Constitution and laws. Article 21 Right to Work 1. Every citizen shall be entitled to work. Work is a duty, honour and the foundation of a socialist society. 2. The state shall promote the creation of employment in order to realize the citizen's fundamental right to work. Article 22 Right to Election Every citizen who fulfils the conditions prescribed by the law shall be entitled to elect and be elected. Article 23 Right to Education Every citizen shall have the right to free education. Article 24 Freedom of Processions, Publications and Opinion 1. Every citizen shall be free to participate in an assembly, demonstration, or in their organisation. 2. The citizen shall further be entitled to express his opinion in any manner, freedoms of publication and speech. 3. The exercise of the freedoms mentioned in paragraphs 1 and 2 of this article shall not contravene the Constitution, the laws of the land, general morality and public order, or the freedoms of other citizens. Article 25 Right to Life and Personal Security 1. Every individual shall have the right to life and personal security. 2. The law shall determine the conditions in which the death sentence may be passed. Article 26 Personal Liberty 1. Every person shall have the right to personal integrity. 2. No person shall be liable to any form of detention or other restrictions of personal liberty, except when apprehended in flagrante delicto or pursuant to an act of the competent judicial authority in the cases and in the manner prescribed by the law. 3. Any person who shall be detained on grounds of security shall without delay be brought before the Judicial authority which has competence over the offence for which he is detained within the time limit prescribed by law. 4. Every person who shall be deprived of his personal liberty shall forthwith be informed of the offence of which he is accused. 5. No person shall be searched except in the conditions mentioned in paragraph 2 of this article, or under laws relating to judicial, sanitary, fiscal and security matters, and in the manner prescribed by the law, giving due respect to the honour and integrity of the person. Article 27 Security of the Person under Detention 1. A detained person shall not be subjected to physical or mental torture. 2. Corporal punishment shall be prohibited. Article 28 Private Ownership 1. Private ownership shall be guaranteed by law, which shall define the modes of acquisition and forfeiture, and the contents and limits of its enjoyment for the purpose of safeguarding its social functions. 2. The use of private property shall in no case be contrary to the public interest, and the objectives of the revolution. 3. Private property may be expropriated or requisitioned for reasons of public interest, in exchange for equitable compensation. Article 29 Privacy of the Home Every person shall be entitled to the inviolability of his home or any other place reserved for personal use except in the cases referred to in paragraphs 2 and 5 of article 26. Article 30 Freedom of Communication The right of secrecy of correspondence and other means of communication shall not be tempered with, except in the cases determined by the law. Article 31 Freedom of Religion Every person shall be entitled to profess any religion or creed. Article 32 Right to Institute Legal Proceedings and Right of Defence 1. Every person shall have the right to institute legal proceedings before a competent court. 2. Every person shall have the right of defence before a court. 3. The state shall guarantee free legal aid in the conditions and in the manner prescribed by law. Article 33 Penal Liability 1. Penal Liability shall be personal. 2. The accused shall be presumed innocent until the conviction becomes final. Article 34 Non-retroactivity of Penal Laws No person may be punished for an act which was not an offence under the law at the time when it was committed, nor may a punishment be imposed other than the one prescribed by the law enforced at the time such offence was committed. Article 35 Extradition and Political Asylum 1. The Somali Democratic Republic may extradite a person who has committed a crime in his country or another, and has taken refuge in the Somali Democratic republic, provided that there is an extradition treaty between the Somali Democratic Republic and the state requesting the extradition of the accused or offender. 2. The Somali Democratic Republic may grant political asylum to a person who has fled his country or another for political reasons while struggling for the interests of the masses, human rights or peace. Article 36 Protection of Public Property Every citizen shall have the duty to protect and consolidate public property. Article 37 Participation in Economic Growth Every person shall have the duty to participate in the economic growth of the country, payment of taxes, contributions to state expenditure according to his capacity and the laws of the country. Article 38 Defence of the Motherland The defence of the motherland and the consolidation of the unity of the Somali people shall be a sacred duty of every citizen. Article 39 Observance of the Constitution and Laws Every person shall have the duty to faithfully observe the constitution and laws of the state. Chapter III Socio-Economic Foundation Section 1 The Economy Article 40 Economic Development 1. The State shall develop the economy of the country, and raise production, while assuring an equitable distribution. ... Article 42 Land and Marine Resources 1. The land, natural marine and land based resources shall be state property. ... Article 43 Economic Planning 1. The economy of the country shall be founded on socialist state planning. 2. The plan shall have a judicial authority superior to other laws. ... Section 2 Promotion of Education & Science Article 46 Education 1. The state shall give special priority to the promotion, expansion and dissemination of education and science, and shall consider education as the ideal investment which shall play the leading part in the Somali political and socio-economic development. 2. Education in the Somali Democratic Republic shall favour the working class, and shall conform to the special conditions and environment of the Somali Society. Article 47 Compulsory Education Education, in the Somali Democratic Republic shall be free. It shall be compulsory up to the intermediate school level. Article 48 Eradication of Illiteracy Eradication of illiteracy and adult education shall be a national duty towards which the people and state shall pool their resources in its fulfilment. Article 49 Promotion of Science and Arts 1. The state shall promote science and arts, and shall encourage scientific and artistic creativity. ... Section 3 Cultural and Social Welfare Article 51 Promotion of Culture 1. The state shall promote the progressive culture of the Somali people, while benefiting from the international culture of human society. 2. It shall promote art, literature and the national folklore. 3. It shall protect and preserve nations, historic objects and sites. Article 52 Social Customs The state shall preserve the good customs, and shall liberate society from outdated customs and those inherited from colonialism, especially tribalism, nepotism, and regionalism. Article 53 Child Care The state shall promote child care homes and revolutionary youth centres. Article 54 Rural Development The state shall promote the program of permanent rural development campaign in order to eradicate ignorance and to narrow the gap between rural and urban life. Article 55 Health The state in fulfilling the policy of general health care shall promote the prevention of contagious diseases, and encourage general hygiene, and free medical treatment. Article 56 Family Welfare 1. The state recognising the family as the basis of society shall protect the family and shall assist the mother and child. 2. The state shall be responsible for the care of the handicapped, children of unknown parents and the aged, provided they shall not have anybody to care for them. 3. The state shall guarantee the care of children whose parents die while defending the country. Article 57 Work and the Workers 1. The state shall safeguard and promote work and its various types. 2. The minimum age for work in the Somali Democratic Republic shall be fifteen years. 3. The workers shall be entitled to receive without discrimination a remuneration equal to the amount and value of work done. 4. The workers shall be entitled to weekly rest and annual leave. 5. The law shall determine the working hours, conditions of service and persons suitable for certain jobs. Article 58 Evaluation of Work In evaluating work the state shall apply the principle; "from each according to his ability, to each according to his work." Article 59 Social Insurance and Assistance The state shall promote the system of social insurance and assistance and shall strengthen general insurance institutions of the country. Chapter IV State Structure Section 1 Functions and Rules of the People's Republic ... Article 67 Powers of the Assembly 1. Amendment of constitution; ... Article 82 Duties and Powers of the President In addition to the powers and duties granted by the Constitution and the laws, the President of the Somali Democratic Republic shall have the following powers and duties: ... 3. Ratification of international treaties relating to defence and security, sovereignty and independence of the Republic, on the approval of the Central Committee of the Party and People's Assembly. 4. Ratification of other international agreements. ... 12. Declare states of war and peace after authorisation by the Central Committee of the Party and the People's Assembly. Article 83 Extraordinary Powers of the President 1. The President of the Somali Democratic Republic, shall have the power, after consultations with the National Defence Council, to proclaim emergency rule throughout the country or a part of it, and take all appropriate measures when faced with grave matters endangering the sovereignty, internal or external security of the country, or in circumstances of absolute necessity. 2. In the event of a state of war the President shall assume power over the entire country, and those articles of the constitution which shall be incompatible with such a situation shall be suspended. ... Chapter IV The Judiciary Section 1 Principles of Justice Article 96 Objectives of Justice ... 3. The Judiciary shall ensure observance of the laws, and shall guarantee the protection of the freedom, rights, and life of the citizen, interests and dignity of the human being. ... Article 107 Constitutionality of Laws 1. There shall be a Constitutional Court which shall have the power to decide on the constitutionality of laws. 2. The Constitutional Court shall be composed of the Supreme Court along with members from the People's Assembly nominated by the President of the Republic having heard the opinion of the Standing Committee. ... Chapter VI Miscellaneous Provisions Article 111 The Basic Law 1. The Constitution shall have supreme legislative authority. 2. The Constitution of the Somali Democratic Republic shall be the basis for all laws, decrees and order of state institutions. Article 112 Amendments to the Constitution 1. Amendments to the Constitution may be proposed by the President of the Somali Democratic Republic, the Central Committee of the Party or one-third of the membership of the People's Assembly. 2. The People's Assembly shall approve Amendments to the Constitution by a two-thirds majority. 3. Amendments to the Constitution shall not affect the following: a) the Republican system of the country b) the adoption of the principle of socialism c) territorial unity d) the fundamental rights and freedoms of the citizen and individual. ... http://209.85.135.104/search?q=cache:8-OWMbkDLhQJ: www.chr.up.ac.za/centre_publications/hrla/referenc es/Suspended%2520Constitution%2520of%2520Somalia%2520p.1505.doc+somali+constitution&hl=en&ct=clnk&cd =2 This is the official version of the Constitution asamended up to 31 December 1963. It supersedesany English text previously published.The Constitution was published in the Official BulletinNo. 1 of 1 July 1960. -------------------------------------------------------------------------------- Page 3 THE CONSTITUTIONOF THESOMALI RFPUBLICTHE PRESIDENT OF THE LEGISLATIVE ASSEMBLYActing in his capacity as Provisional President of the Republic: HAVING SEEN the decision of the Constituent Assembly of 21June 1960, approving the Constitution of the Somali Republic;HAVING SEEN the first articles of the Transitional and FinalProvisions 0£ the Constitution;HAVING SEEN paragraph 1 of the third article of the Transitionaland Final Provisions of the Constitution;HEREBY PROMULGATESthe Constitution of the Somali Republic in the following text:PREAMBLEIN THE NAME OF GODTHE MERCIFUL AND BENEFICIENTTHE SOMALI PEOPLECONSCIOUS of the sacred right of se1f-determination of peoplessolemnly consecrated in the Charter of the United Nations; -------------------------------------------------------------------------------- Page 4 FIRMLY decided to consolidate and protect the independence ofthe Somali Nation and the right to liberty of its people, in a democracybased on the sovereignty of the people and on the equality of rights andduties of all citizens;DETERMINED to cooperate with all peoples for the consolidationof liberty, justice and peace in the world, and in particular with thosepeoples with whom they are linked by history, religion, culture andpolitical outlook for the creation of a better future;IN CONSTITUTING THEMSELVES into a unitary, sovereign andindependent Republic, lay down as the basis of the juridical and socialorder of the Somali Nation the following:. -------------------------------------------------------------------------------- Page 5 CONSTITUTIONPART IGENERAL PROVISIONSArticle 1The Republic1.Somalia is an independent and fully sovereign State. It is arepresentative, democratic and unitary Republic. The Somali people is oneand indivisible. 2. Sovereignty belongs to the people who shall exercise it in theforms determined by the Constitution and the laws. No part of the peoplenor any individual may claim sovereignty or assume the right to exerciseit. 3. Islam shall be the religion of the State. 4. The national flag shall be azure in colour, rectangular, and shallhave a white star with five equal points emblazoned in its centre. 5.The emblem of Somalia shall be composed of an azure escutcheonwith a gold border and shall bear a silver five-pointed star. Theescutcheon, surmounted by an emabattlement with five points in Moorishstile, the two lateral points halved, shall be borne by two leopards rampantin natural form facing each other, resting on two lances crossing under thepoint of the escutcheon, with two palm leaves in natural form interlacedwith a white ribbon. -------------------------------------------------------------------------------- Page 6 Article 2The People1. The people consists of all the citizens.2.The manner of acquiring and losing citizenship shall be established bylaw. 3. No person may be denied citizenship or deprived thereof forpolitical reasons. Article 3Equality of the CitizensAll citizens, without distinction of race, national origin, birth,language, religion, sex, economic or social status, or opinion, shall haveequal rights and duties before the law. Article 4Territory of the State1. 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 thecontinental shelf. 3. Any modification of the national territory must be authorized by alaw approved by a four-fifth majority of the members of the NationalAssembly.4. The law shall determine the parts of the territory and the propertywhich belong to the State and to public bodies, and establish the legalstatus thereof. -------------------------------------------------------------------------------- Page 7 Article 5Supremacy of the Law1.The organization of the State and the relationships between theState and other persons, public or private, shall be governed by law. 2. Administrative acts contrary to law and legislative acts contrary tothe Constitution may be invalidated on the initiative of the interested partyin accordance with the provisions of the Constitution.Article 6The Republic in the International Order1. The generally accepted rules of international law and internationaltreaties duly concluded by the Republic and published in the mannerprescribed for legislative acts shall have the force of law.2. The Republic repudiates war as a means of settling internationaldisputes. 3. It accepts, on conditions of parity with other States, limitations on itssovereignty necessary for the establishment of a system to ensure peaceamong nations.4. The Somali Republic shall promote, by legal and peaceful means, theunion of Somali territories and encourage solidarity among the peoples ofthe world, and in particular among African and Islamic peoples. -------------------------------------------------------------------------------- Page 8 Article 7Human RightsThe laws of the Somali Republic shall comply, in so far as applicable, withthe principles of the Universal Declaration 0£ Human Rights adopted bythe General Assembly of the United Nations on 10 December 1948. PART IIFUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZENArticle 8Right to Vote1. Every citizen who possesses the qualifications required by lawshall have the right to vote. 2. The vote shall be personal, equal, free and secret. Article 9Right of Access to Public OfferEvery citizen who possesses the qualifications required by lawshall be equally eligible for public office. -------------------------------------------------------------------------------- Page 9 Article 10Right of Petition1. Every citizen shall have the right to address written petitions to thePresident of the Republic, the National Assembly and the Government.2. Every petition which is not manifestly unfounded shall beexamined.Article 11Right of Residence1. Every citizen shall have the right to reside and travel freely in anypart 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 Stateand to return thereto. Article 12Right of Political Association1. Every citizen shall have the right to associate in political parties,without previous authorization, for the purpose of co-operatingdemocratically and peacefully in the shaping of national policy.2. Political parties and associations which are secret, have anorganization of a military character or have a tribal denomination shall beprohibited. -------------------------------------------------------------------------------- Page 10 Article 13Right to Form Trade Unions1. Every citizen shall have the right to form trade unions or to jointhem for the protection of his economic interest. 2. Trade unions organized according to democratic principles shall beconsidered juridical persons according to law. 3. Trade unions being juridical persons may negotiate collectivelabour contracts binding on their members.Article 14Right to Economic Initiative1. Every citizen shall have the right to economic initiative within theframework of the laws. 2. The law may control the exploration of the economic resources ofthe territory of the State. Article 15Duty of Loyalty to the Homeland1.Every citizen shall be loyal to the State.2. The defence of the homeland shall be the duty of every citizen. 3.Military service shall be governed by law.PART III -------------------------------------------------------------------------------- Page 11 FUNDAMENTAL RIGHTS AND DUTIES OF MANTITLE IRight to LibertyArticle 16Right to Life and to Personal Integrity1. Every person shall have the right to life and to personal integrity.2.Arbitrary limits to such rights may not be established.3.The law may prescribe the death penalty only for the most serious crimesagainst human life or the personality of the State.Article 17Personal Liberty1.Every person shall have the right to personal liberty.2.Subjection to any form of slavery or servitude shall be punishableas a crime.3.No person shall be liable to any form of detention or otherrestriction of personal liberty except when apprehended inflagrante delicto or pursuant to an act of the competent judicialauthority, stating the grounds thereof, in the cases and in themanner prescribed by law.4.5.6.7.8.9.10.11.12.13.4. In cases of urgent necessity, expressly defined by law, thecompetent administrative authority may adopt provisional measures which -------------------------------------------------------------------------------- Page 12 shall be communicated without delay to the competent judicial authorityand confirmed by it within the time and in the manner prescribed by law,failing which such measures shall be deemed to have been revoked andshall be void. 5. In each case of detention or other restriction of personal liberty, thereasons for the measure shall be communicated to the person concernedwithout delay.6. No person shall be subjected to security measures except in thecases and in the manner prescribed by law and pursuant to an act of thecompetent authority, stating the grounds thereof.7. No person shall be subjected to inspection or personal searchexcept in the cases and under the provisions laid down in paragraphs 3, 4and 5, and in other cases as prescribed by law for, judicial, sanitary orfiscal reasons, and in the manner prescribed therefor. In every case, these1f-respect and moral dignity of the person concerned must be preserved. Article 18Guarantees in Cases of Restriction of Personal LibertyAny physical or moral violence against a person subject torestriction of personal liberty shall be punishable as a crime.Article 19Extradition and Political Asylum1.Extradition may be granted only in the cases and in the mannerprescribed by law, subject, in all cases, to priori internationalconvention.2.No person may be subjected to extradition for political offences. -------------------------------------------------------------------------------- Page 13 3.Any alien prosecuted in his own country for political offences shall havethe right to asylum in the territory of the State in the cases and under theconditions provided by law.Article 20Limits to Personal Service and Property LevyNo personal service or property levy may be imposed save inaccordance with law.Article 21Freedom of Domicile1.Every person shall the right to the inviolability of his domicile.2.No inspection, search or seizure shall be carried out in the domicileor in any other place reserved for personal use except in the cases andunder the provisions laid down in paragraphs 3, 4 and 5 of Article 17 andin other cases as prescribed by law for judicial purposes, and in the mannerprescribed therefor.Article 22Freedom of Correspondence1.Every person shall have the right to freedom and secrecy of writtencorrespondence and of any other means of communication.2. Limitations thereon may be imposed only in the cases and underthe provisions laid down in paragraphs 3, 4 and 5 of Article 17 and in -------------------------------------------------------------------------------- Page 14 other cases as prescribed by law for judicial purposes, and in the mannerprescribed therefor. Article 23Social EqualityAll persons are equal in social dignityArticle 24Property1. The right to own property shall be guaranteed by law, which shall definethe modes of acquisition and the limits of the enjoyment thereof £or thepurpose of ensuring its social function. 2. Property may be expropriated only for reasons of public interestand in the manner prescribed by law, in exchange for equitable and timelycompensation. Article 25Freedom of Assembly. 1. Every person shall have the right to assemble in a peaceful mannerfor a peaceful purpose. 2. The law may provide that previous notice of public meetings begiven to the authorities. Meetings may be forbidden only for reasons ofpublic health, safety, morality, order or security.Article 26Freedom of Association -------------------------------------------------------------------------------- Page 15 1.Every person shall have the right freely to form associationsw1thout authorization. 2. No person may be compelled to join an association of any kind orto continue to belong to it. 3. Secret associations or those having an organization of militarycharacter shall be prohibited. Article 27Right to Strike1.The right to strike is recognized and may be exercised within thelimits prescribed by law. Any act tending to discriminate against, or torestrict, the free exercise of trade union rights shall be prohibited. Article 28Freedom of Opinion1. Every person shall have the right freely to express his own opinionin any manner, subject to any limitations which may be prescribed by lawfor the purpose of safeguarding morals and public security.2. Expressions of opinion may not be subject, to prior authorizationor censorship. Article 29Freedom of Religion -------------------------------------------------------------------------------- Page 16 Every person shall have the right to freedom of conscience andfreely to profess his own religion and to worship it subject to anylimitations which may be prescribed by law for the purpose ofsafeguarding morals, public health or order. However, it shall not bepermissible to spread or propagandize any religion other than the religionof Islam(*). [Note (*): As amended by law No. 16 of 29 June 1963]Article 30Personal Status1. Every person shall have the right to a personal status in accordancewith his respective laws or customs.2. The personal status of Muslims is governed by the generalprinciples of the Islamic Sharia. TITLE IIISocial RightsArticle 31Protection of the Family1. The family based on marriage, as being the fundamental element ofsociety, shall be protected by the State. 2Parents shall provide for the support, education and instruction oftheir children, as required by law. -------------------------------------------------------------------------------- Page 17 3.The law shall provide for the fulfillment of the obligations set outin the preceding paragraph in case of death of the parents and whenever,by reason of incapacity or otherwise, the parents do not perform them.4.Children who are full age shall be obliged to support their parentswhen the latter are unable to provide for themselves.5.The State shall protect motherhood and childhood and encouragethe institutions necessary for this purpose.6.The State shall recognize the protection of children of unknownparents as its duty.Article 32Welfare InstitutionsThe State shall promote and encourage the creation of welfareinstitutions for physically handicapped persons and abandoned children.Article 33Protection of Public HealthThe State shall protect public health and promote free medicalassistance for indigent persons.Article 34Safeguarding of Public Morality -------------------------------------------------------------------------------- Page 18 The State shall safeguard public morality in the manner prescribedby law. Article 35Education1. The State shall encourage education, as being a fundamentalinterest of the community, and provide for the creation of State schoolsopen to all. 2.Primary education in public schools shall be free. 3.Freedom of teaching shall be guaranteed by law. 4. Organizations and individuals shall have the right to establish, inaccordance with law and without financial support from the State, schoolsand educational institutions. 5. Private schools and educational institutions may have a parity ofstatus with State schools and institutions under the conditions laid downby law. 6. Teaching of Islam shall be compulsory for pupils of Islamic faith inprimary and secondary State schools and in schools having a parity ofstatus. Teaching of Holy Koran shall be a fundamental element in primaryand secondary State schools for Muslims.7. Institutes of higher education shall have, their own utono- mousorganization within the limits prescribed by law. Article 36Protection of Labour -------------------------------------------------------------------------------- Page 19 1. The State shall protect labour and encourage it in all its forms andapplications. 2. Forced and compulsory labour of any kind shall be prohibited. Thecases in which labour may be ordered for military or civil necessity orpursuant to a penal conviction shall be pre-scribed by law. 3. Every worker shall have the right to receive, without anydiscrimination, equal pay for work of equal value, so as to ensure anexistence consistent with human dignity.4. Every worker shall have the right to a weekly rest and annual leavewith pay; he shall not be compelled to renounce it. 5.The law shall establish the maximum working hours and theminimum age for the various types of work and shall ensure that minorsand women work only under suitable conditions. . 6. The State shall protect the physical and moral integrity of theworkers. Article 37Social Security and Assistance1. The State shall promote social security and assistance by law. 2. The State shall guarantee to its civil and military employees theright to pension; it also shall guarantee in accordance with law, assistancein case of accident, illness or incapacity for work. TITLE IIIJudicial Guarantees -------------------------------------------------------------------------------- Page 20 Article 38Right to Institute Legal ProceedingsEvery person shall have the right to institute legal proceedings,under conditions of full equality, before a lawfully constituted court.Article 39Protection against Acts of the Public AdministrationJudicial protection against acts of the public administration shall beallowed in all cases, in the manner and with the effects prescribed by law. Article 40Civil Liability of the State for the Acts ofits Officials and Employees1. Whoever suffers damages from acts or omissions in violation ofhis rights by officials or employees of the State or of public bodies in theperformance of their duties, shall have the right to obtain compensationfrom the State or the public bodies concerned. 2.The penal, civil and administrative liability of officials andemployees for the acts or omissions referred to in the preceding paragraphshall be governed by law.Article 41 -------------------------------------------------------------------------------- Page 21 Right of Defence1.The right of defence shall be allowed at every stage of legalproceedings.2.The State shall guarantee, under the conditions and in the mannerprescribed by law, free legal aid to the poor.Article 42Non-retroactive Nature of Penal LawNo person may be convicted for an act which was not punishableas 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 thattime.Article 43Penal Liability1.Penal liabilities shall be personal. Any ind of collectivepunishment shall be forbidden.2. The accused shall be presumed innocent until the conviction hasbecome final.Article 44Social Purpose of PunishmentPunishments restrictive of personal liberty shall not consist oftreatment contrary to feelings of humanity or be such as to obstruct themoral rehabilitation of the convicted person. -------------------------------------------------------------------------------- Page 22 Article 45Enforcement of PunishmentsSupervision over the enforcement of punishment and securitymeasures shall be exercised by the competent court in accordance withlaw. Article 46Redress of Judicial ErrorsThe conditions and the procedure for the redress of -judicial errorsshall be prescribed by law.TITLE IVDuties Towards the StateArticle 47Duty to Observe the Constitution and the LawsEvery person shall loyally observe the Constitution and the laws ofthe State. Article 48Duty to Pay Taxes1. Every person shall contribute to public expenditure according tohis capacity to pay. -------------------------------------------------------------------------------- Page 23 2. A system of taxation based on principles of social justice shall beestablished by law. PART IVORGANIZATION OF THE STATETITLE IThe National AssemblySECTION IOrganization of the National AssemblyArticle 49Legislative PowerThe legislative power shall be vested in the National Assembly.Article 50The Doctrine of Islam in the LegislationThe doctrine of Islam shall be the main source of the laws of theState.Article 51National Assembly1. The National Assembly shall consist of deputies elected by thepeople by universal, free, direct and secret ballot, and of deputies as ofright. -------------------------------------------------------------------------------- Page 24 2. The number of deputies and the electoral system shall beestablished by law. 3. Every citizen who has the right to vote and who in the year of theelections has completed at least twenty-five years of age shall be eligibleto be a deputy. The law shall prescribe the grounds for ineligibility andincompatibility with membership in the National Assembly.4. Whoever has been President of the Republic shall become a deputy forlife as of right, in addition to the elected deputies, provided that he has notbeen convicted of any of the crimes referred to in paragraph 1 of Article76.Article 52Term of Office and ElectionsI. Each legislature shall be elected for a period of five years starting fromthe proclamation of the electoral results. Any modification of this term ofoffice shall have no effect on the duration of the legislature during whichsuch decision is taken. 2. The date for the elections to the new Assembly shall be fixed by thePresident of the Republic and shall take place during the last thirty days ofthe legislature in session.3. The new Assembly shall meet for the first time within thirty days of theproclamation of the electoral results. Article 53Dissolution of the Assembly1. The Assembly may be dissolved before the end of its term of officeby the President of the Republic, having heard the opinion of the Presidentof the Assembly, whenever it cannot discharge its functions or dischargesthem in a manner prejudicial to the normal exercise of legislative activity. -------------------------------------------------------------------------------- Page 25 2. By the same decree dissolving the Assembly, the President of theRepublic shall fix the date for the new elections, and the elections shalltake place within sixty days of the dissolution.3. No dissolution shall take place during the first year in office of theAssembly, nor during the last year in office of the President of theRepublic. 4. The outgoing Assembly shall retain its powers in all cases until theproclamation of the electoral results for the new Assembly.Article 54Sessions of the Assembly1. The Assembly shall hold two annual sessions commencing,respectively, in the months of April and October . 2. The Assembly may be convened in extraordinary session by itsPresident, or on the request of the President of the Republic, or of theGovernment, or of one fourth of the deputies. Article 55Organization1. At its first meeting, the National Assembly shall elect, from amongthe deputies, a President, one or more Vice-Presidents and the othermembers of the office of the Presidency. -------------------------------------------------------------------------------- Page 26 2. Law and order in the Assembly shall be maintained by theAssembly itself through its President or through whoever acts in his place,in accordance with rules or procedure. 3. The meetings 0£ the Assembly shall be public. In exceptional casesonly, the Assembly may decide to meet in closed session on the motion ofits President, or at the request of the President of the Republic, or of theGovernment, or of not less than thirty deputies. 4. The decision of the Assembly shall not valid unless the absolutemajority of the deputies, not counting the seats declared vacant, arepresent. 5. All decisions shall be taken by a vote of the majority of thosepresent except when a special majority is required by the Constitution orby law. 6. No proposal rejected by the Assembly may be re-introduced untilsix months have elapsed after the rejection. Article 56Participation of the Ministers and Under-Secretaries of State1. Ministers and Under-Secretaries shall have the right to attend themeetings of the Assembly and of the committees and to take part in thediscussion. Officials and experts, at therequest of Ministers, may also attend such meetings and be heard 2. Ministers and Under-Secretaries shall be present at the meetings ifrequested by the Assembly.Article 57Rules of Procedure -------------------------------------------------------------------------------- Page 27 Except as otherwise provided by the Constitution, the conduct ofbusiness in the Assembly shall be governed by rules of procedureapproved by the Assembly on the proposal of its President or of at leastfive deputies. Article 58Deputies1. Every deputy represents the people and shall exercise his functionswithout being bound by any mandate. 2. Upon assuming his functions, each deputy shall take the followingoath of loyalty to the State before the Assembly: «In the name of God, Iswear that I will discharge faithfully all my duties in the interest of thepeople and will abide by the Constitution and the laws».3. Deputies shall not be prosecuted for facts mentioned, opinionsexpressed or votes cast in the exercise of their functions. 4. Without the authorization of the Assembly, no criminalproceedings shall be instituted against a deputy, nor shall adeputy be arrested or otherwise deprived of personal liberty nor shall hisperson or domicile be subjected to search, except in case of flagrantedelicto for a crime in respect of which a warrant or order of arrest ismandatory, nor shall he be placed under arrest or detention in execution ofa sentence, even where it has become final. 5. In cases other than those involving criminal proceedings, an actionmay be taken against a deputy in accordance with law, withoutauthorization of the Assembly. -------------------------------------------------------------------------------- Page 28 6. Deputies in office shall be entitled to the emoluments and dailysitting allowances fixed by law.Article 59Decisions on the Validity of the Qualifications of Deputies1. The Supreme Court shall have jurisdiction over petitionschallenging the qualifications of deputies. 2. Petitions, stating the grounds thereof, may be filed by any citizen,who is a voter, within thirty days of .the proclamation of the electoralresults or of the occurrence of the cause of incompatibility or ineligibility.3. The Supreme Court shall give a decision within ninety days fromthe date of expiry of the time-limit fixed for the filing of petitions. 4. Where a deputy ceases to exercise his functions, his seat shall bedeclared vacant by the Assembly and shall be filled in the mannerprescribed by law:SECTION IIPreparation of Laws and Other Functionsof the National AssemblyArticle 60Presentation and Discussion of Draft Laws -------------------------------------------------------------------------------- Page 29 1. Each deputy, the Government or at least 10,000 voters, shall havethe right to present draft laws to the National Assembly.2. The exercise of popular initiative shall be governed by law, andshall not pertain to matters of taxation.3. Prior to the discussion in the Assembly, every draft law shall beexamined by a parliamentary committee which shall present one or morereports thereon to the Assembly.4. The Assembly shall discuss each draft law in accordance with therules of procedure. It shall vote on it article by article, and in the end itshall vote on the draft law as a whole. Article 61Promulgation and Publication1. Every law approved by the Assembly shall be promulgated by thePresident of the Republic within sixty days of its approval. 2.Where the Assembly declares, by an absolute majority of itsmembers, that there is an urgent need, a law shall be pro-mulgated within the time-limit fixed by the Assembly, provided that suchtime-limit shall not be less than five days.3. Within the period fixed for promulgation, the President of theRepublic may transmit to the Assembly a message, stating the groundsthereof, requesting that the law be reconsidered. 4. Where the Assembly approves such law again by a two-thirdmajority, the President of the Republic shall promulgate it within thirtydays of the approval. -------------------------------------------------------------------------------- Page 30 5. Every law approved by the Assembly and promulgated by the Headof the State shall be published in the Official Bulletin and shall come intoforce on the fifteenth day following its pub- lication, unless the lawprovides otherwise. Article 62Delegation of Legislative Power1. The Assembly may delegate to the Government the power to issue,on specified subjects or matters and for a limited period, provisions havingthe force 0£ law. In delegating authority, the Assembly may establish thepolicy and issue directives.2. Provisions made under a delegated power shall be issued by decreeof the President of the Republic on proposals approved by the Council ofMinisters. Article 63Decree-Laws1. In a case of urgent necessity, the Government may issue temporaryprovisions having the force of law. Such provisions shall be issued bydecree of the, President of the Republic, on proposals approved by the Council of Ministers, and shall, within fivedays from the date of their publication, be presented to the NationalAssembly for conversion into law. 2. If in session, the Assembly shall decide on their conversion intolaw within thirty days of the date of presentation; if not in session, it shalldecide within thirty days of its first subsequent meeting. 3. Provisions which are not converted into law shall cease to haveeffect ab initio; the Assembly may, however, decide that such effect shall -------------------------------------------------------------------------------- Page 31 cease on a different date and may regulate the legal consequences arisingfrom the non-conversion of such provisions.Article 64Amnesty and Indult1. The power of granting amnesty and indult may be delegated to thePresident of the Republic by a law approved by the Assembly, by a two-third majority of the deputies. 2. Amnesty and indult may not be granted in respect of offencescommitted after the presentation of the draft law on the delegation ofpowers. Article 65Taxation and Expenditure1. The imposition, modification and abolition of taxes shall beeffected only by law. 2.Laws involving new or larger State expenditure, shall specify themeans for meeting such expenditure. 3.In the case of an expenditure to continue for more than one year,the means to meet it may be limited to the budget for the current year.Article 66Budget and Annual Accounts1. The Assembly shall approve each year the estimated budget, whichshall be presented by the Government at least two months before the endof the financial year. -------------------------------------------------------------------------------- Page 32 2. The law approving the budget may not establish new fiscal chargesand new expenditures. 3. Provisional application 0£ the budget may be authorized by law forperiods not exceeding three months in toto.4. Within the first six months of each financial year, the Governmentshall present to the Assembly, for approval, the Annual Accounts relatingto the previous financial year.Article 67International TreatiesThe Assembly shall authorize by law the ratification of political,military and commercial international treaties or of treaties which involvea modification of the law or financial commitments not included in thebudget. Article 68State of WarThe Assembly shall authorize the declaration of a state of war andconfer on the Government the necessary powers. Article 69Power of Investigation of the Assembly1. Each deputy shall have the right to put questions or to submitinterpellations to the Government and to propose motions to theAssembly. The Government shall reply within twenty days.2. The Assembly may order investigations through committeesconsisting of deputies from all parliamentary groups, in order toinvestigate occurrences or situations of public interest. When it decides toorder such an investigation the Assembly shall establish, within the limits -------------------------------------------------------------------------------- Page 33 of the Constitution, the powers of the committee; it may also appointexperts to co-operate with the committees. TITLE IIThe President of the RepublicArticle 70Election1. The President of the Republic shall be the Head of the State andrepresent the unity of the nation. 2. The President of the Republic shall be elected, by secret ballot, bythe National Assembly, with a majority of two thirds of its members on thefirst and second ballots, or by an absolute majority of its members insubsequent ballots. 3. On assuming his functions, the President of the Republic shall takethe following oath of loyalty to the State before the National Assembly: «In the name of God I swear that I will dischargefaithfully all my duties as President of the Republic and defend theConstitution with all my strength in the interest of the Country and theNation».Article 71Qualifications for Eligibility1. Any Muslim citizen whose father and mother are both originalcitizens, and who has the right to vote and is not less than forty five years -------------------------------------------------------------------------------- Page 34 of age, shall be eligible to .become President of the Republic. A personshall not be elected consecutively for more than two terms.2. The President of the Republic shall not have been married to, norshall he marry during his term of office, any woman who is not an originalcitizen. 3. The President of the Republic during his term of office shall notexercise any other public function, except the right to vote, nor shall heengage in any professional, commercial, industrial or financial activity.Article 72Term of Office1. The term of office of the President of the Republic shall be sixyears from the date of his taking the oath. Any modification of this periodshall not apply to the President in office. 2. The President of the National Assembly shall fix the date for theelection of the new President of the Republic. The election shall take place within thirty days prior to the expiry of the term ofoffice of the President of the Republic. 3.Where the National Assembly is dissolved or where its term is dueto expire within less than three months, the election of the President shalltake place within thirty days following the first meeting of the newAssembly. During that period the President in office shall continue inpower. Article 73Emoluments and Establishment of the -------------------------------------------------------------------------------- Page 35 President of the RepublicThe emoluments of the President of the Republic and the amountrequired for his establishment shall be fixed by law. Article 74Disability, Resignation, Death1. In case of death, resignation, or permanent disability of thePresident of the Republic, the National Assembly shall meet within thirtydays to elect a new President of the Republic.2.Until the election provided for in the preceding paragraph hastaken place and in cases when the powers of the President in office havebeen suspended under Article 76, as well as in all cases of temporarydisability, the functions of the President shall be temporarily exercisedwith full legal effect by the President of the National Assembly, or, in hisabsence, by the most senior Vice-President.3.In case of resignation, the President of the Republic shall givewritten notice thereof to the National Assembly.Article 75Powers and DutiesThe President of the Republic shall exercise the functionsconferred upon him by the Constitution and by law, in the legislative,executive and judicial fields. In addition, he shall:a)authorize the presentation to the National Assembly of draftlegislation originating with the Government; b) address messages to the National Assembly;c)grant pardon and commute sentences; -------------------------------------------------------------------------------- Page 36 d) accredit and receive diplomatic agents; e)ratify international treaties, after previous authorization from theNational Assembly, where required;f) be the commander-in-chief of the Armed Forces; g)declare a state of war after authorization from the National Assembly in accordance with Article 68; h) confer State honours. Article 76Responsibility1. The President 0£ the Republic shall not be responsible for actsperformed in the exercise of his functions, except for crimes of hightreason or attempts against the constitutional order, as provided by law. 2. The responsibility for acts of the President shall rest with the PrimeMinister and the competent Ministers who subscribe to them.3. In case of high treason or attempts against the constitutional order,the President of the Republic shall be impeached by a decision of theNational Assembly taken on the motion of at least one fifth of its membersand approved by secret ballot by a majority of two thirds of the deputies;he shall be tried by the Supreme Court constituted as the High Court ofJustice. 4. Except in the cases mentioned in the preceding paragraph, thePresident of the Republic shall not be tried for any penal offence exceptwhen the Assembly gives its authorization, approved by secret ballot by amajority of two thirds of the deputies. 5. An approval of impeachment for high treason or for an attemptagainst the constitutional order or an authorization to institute criminal -------------------------------------------------------------------------------- Page 37 proceedings for any other offence shall entail the automatic suspension ofthe powers of the President. TITLE IIIThe GovernmentSECTION IOrganization of the GovernmentArticle 77Executive PowerThe executive power shall be vested in the Government.Article 78The Government1. The Government shall be composed of the Prime Minister and theMinisters. 2.The meeting of the Prime Minister and the Ministers shallconstitute the Council of Ministers. 3. The Prime Minister shall be appointed and dismissed by thePresident of the Republic. 4. The Ministers shall be appointed and dismissed by the President ofthe Republic on the proposal of the Prime Minister . -------------------------------------------------------------------------------- Page 38 5. Before assuming their functions, the Prime Minister and theMinisters shall take the following oath of loyalty to the State before thePresident of the Republic: «In the name of God I swear that I willdischarge faithfully my duties in the interest of the people and will abideby the Constitution and the laws.«Article 79Under-Secretaries of State1.The Ministers may be assisted by Under-Secretaries of State whoshall be appointed and dismissed by the President of the Republic, on theproposal of the Prime Minister, having heard the Council of Ministers. 2. The Under-Secretaries shall assist the Ministers and exercise thefunctions delegated to them.3. Before assuming their functions, the Under-Secretaries shall takethe following oath of loyalty to the State before the Prime Minister: «In thename of God I swear that I will dischargefaithfully my duties in the interest of the people and will abide by theConstitution and the laws.”Article 80Qualifications for Appointment of Ministersand Under-Secretaries1. Any citizen possessing the qualifications required for election as adeputy may be appointed as Minister or Under-Secretary.2. A Minister or Under-Secretary, during his period in office, shallnot exercise any other public functions, except the exercise of the right tovote and of the functions as deputy in the National Assembly, nor shall he -------------------------------------------------------------------------------- Page 39 engage in professional, commercial, industrial or financial activities. Heshall not directly or indirectly obtain the lease of, or purchase propertybelonging to the State or to public bodies, except for premises to be usedas his personal residence. He shall not, furthermore, sell or lease his ownproperty to the State or to public bodies, or participate in a personalcapacity in State enterprises or in enterprises controlled by the State. Article 81Presidency of the Council of Ministers and Ministries1.The functions of the Presidency of the Council of Ministers as wellas the number and the functions of the Ministries shall be established bylaw. 2. The organization of the Presidency of the Council of Ministers, ofthe Ministries and of subordinate offices shall be laid down in regulationsissued by decree of the President of the Republic.Article 82Confidence of the National Assembly1. The Government shall obtain the confidence of the NationalAssembly within thirty days of its formation. The Government shallpresent itself to the Assembly and request its confidence. Subsequently,the Government may ask the Assembly to express its confidence at anytime.2. The National Assembly shall express its confidence or no-confidence by means of a motion, stating the grounds thereof, approved bya simple majority in open vote. 3. A motion of no-confidence, stating the grounds thereof, may alsobe proposed at any time, by at least ten deputies, and shall be examined -------------------------------------------------------------------------------- Page 40 not earlier than five days after its presentation. In order to be carried, itshall require an absolute majority in open vote. 4. Upon a vote of no-confidence by the Assembly, all the members ofthe Government shall resign. 5. The resigning Government shall continue in office for the purposeof carrying out routine duties until the appointment of the newGovernment.SECTION IIActivities of the Government and Subordinate OrgansArticle 83Powers and Responsibilities of the Prime Ministerand the Ministers1. The Prime Minister shall direct the general policy of theGovernment and shall be responsible therefor. He shall main-tain the unity of the Government's policy by co-ordinating and promotingthe activities of the Ministers. 2. The Ministers shall direct the affairs within the competence of theirMinistries and shall be individually responsible therefor. 3. The Prime Minister and the Ministers shall be jointly res- ponsiblefor the acts of the Council of Ministers. Article 84Penal Responsibility of the Prime Minister and the Ministries1. The Prime Minister and the Ministers are responsible for offencescommitted in the exercise of their functions. -------------------------------------------------------------------------------- Page 41 2.In respect of such offences, the Prime Minister and the Ministersshall be impeached on a decision of the National Assembly taken on themotion of at least one fifth of its members and approved by secret ballotby a majority of two thirds of the deputies; they shall be tried by theSupreme Court constituted as the High Court of Justice.3.Except as provided in the preceding paragraph, no criminalproceedings shall be instituted against the Prime Minister or the Ministers,except by authorization of the Assembly, approved by secret ballot by amajority of two thirds of the deputies.4.The Prime Minister or a Minister committed for trial before theHigh Court of Justice shall be automatically suspended from exercising hisfunctions.Article 85Power to Issue RegulationsRegulations shall he issued by decree of the President of theRepublic on proposals approved by the Council of Ministers.The power to issue regulations on specific matters may be given by law toother organs 0£ the State and to public bodies. Article 86Administrative DecentralizationWhenever possible, administrative functions shall be decentralizedand performed by the local organs of the State and by public bodies. Article 87Appointment of High Officials -------------------------------------------------------------------------------- Page 42 High officials and commanders o£ the military forces specified bylaw shall be appointed by the President 0£ the Republic, on the proposal ofthe competent Minister approved by the Council of Ministers. Article 88Civil Servants and Public Employees1. Civil servants and public employees shall exercise their functionsin accordance with the law and solely in the public interest. 2. Civil servants and public employees may not be leaders of politicalparties. 3.The categories of civil servants and public employees who shallnot belong to political parties or engage in other activities incompatiblewith their functions shall be established by law. 4. Any civil servant or public employee who is on leave for anyreason shall not be promoted except on grounds of seniority.5. The status of civil servants shall be established by law. 6. Appointments to the permanent establishment of the civil serviceshall be made only after a public competitive examination, except in thecases provided by law. Article 89Civil Service Commission1. A Civil Service Commission shall be established by a law whichshall provide for its composition and powers. -------------------------------------------------------------------------------- Page 43 2. The law establishing the Civil Service Commission shall guaranteethe independence of its functions.SECTION IIIAuxiliary BodiesArticle 90Magistrate of Accounts1. The Magistrate of Accounts shall exercise a prior control over thelegality of Government acts involving financial obligations and a post-audit on the State budget. 2. The Magistrate of Accounts shall participate, in the mannerspecified by law, in the control over the financial managementof agencies to which the State makes a regular contribution, and ofagencies to which the State makes a substantial contribution as anextraordinary measure. 3. He shall report to the National Assembly on the results of his audit.4. The law shall regulate the organization of this organ and guaranteethe independence of its functions; it shall ensure that the organs andagencies subject to audit have the right to be heard in any judicialproceeding connected therewith. Article 91National Economic and Labour CouncilThe National Economic and Labour Council shall be composed, inthe manner prescribed by law, of experts and representatives of categories -------------------------------------------------------------------------------- Page 44 of producers of national wealth in proportion to their numerical strengthand economic importance. It shall be an advisory body to the National Assembly and to theGovernment in respect of matters and functions assigned to it by law. TITLE IVThe JudiciaryArticle 92Judicial PowerThe judicial power shall be vested in the Judiciary.Article 93Independence of the JudiciaryThe Judiciary shall be independent of the executive and legislativepowers. Article 94Supreme Court1.The Supreme Court shall be the highest judicial organ of theRepublic. It shall have jurisdiction over the whole territory of the STate incivil, criminal, administrative and accounting matters, and in any othermatter specified by the Constitution and by law.2.The organization of the Supreme Court and of the other judicialorgans shall be established by law. -------------------------------------------------------------------------------- Page 45 Article 95Unity of the Judiciary1.No extraordinary or special courts shall be established.2.There may only be established, as part of the ordinary courts,specialized sections for specific matters, with the participation, wherenecessary, of citizens who are experts, from outside the Judiciary.3.The jurisdiction of Military Tribunals in time of war shall beestablished by law. In time of peace, they shall have jurisdictiondiction only in respect of military offences committed by members of theArmed Forces.[Note: As amended by Law No.6 of 30 January 1963.]4. The people shall participate directly in assize proceedings, in themanner prescribed by law. Article 96Judicial Guarantees1. In the exercise of their judicial functions, the members of theJudiciary shall be subject only to law. 2.The rules concerning the legal status and the appointments ofmembers of the Judiciary shall be established by law. 3. Members of the Judiciary shall not be removed or transferredexcept in the cases specified by law. -------------------------------------------------------------------------------- Page 46 4. Members of the Judiciary shall not hold offices, perform servicesor engage in activities incompatible with their functions. 5. Administrative and disciplinary measures relating to members ofthe Judiciary shall be adopted, as provided by law, by decree of thePresident of the Republic, on the proposal of the Minister of Grace andJustice, having heard the Higher Judicial Council. Article 97Judicial Procedure1. Judicial proceedings shall be public; the court may decide,however, for reasons of morals, hygiene or public order, that theproceedings be held in camera. 2. No judicial decision shall be taken unless all the parties have hadon opportunity of presenting their case. 3. All judicial decisions and all measures concerning personal libertyshall state the grounds therefor, and shall be subject to appeal inaccordance with law. 4. The Police and Armed Forces shall be directly available to thejudicial organs for the performance of acts pertaining to their functions. PART VCONSTITUTIONAL GUARANTEESTitle IReview of the Constitutionality of Laws -------------------------------------------------------------------------------- Page 47 Article 98Constitutionality of Laws1. Laws and provisions having the force of law shall conform to theConstitution and to the general principles of Islam.2. In the course of a judicial proceeding, the question of theconstitutionality of a law or a provision having the force of law may beraised, as to the form or substance, by means of a petition of the partyconcerned or of the Office of the Attorney General, or by the court on itsown motion, where the decision depends, even though partially, on theapplication of the law or provision being challenged. 3. Where a petition is presented by the party concerned or by theOffice of the Attorney General while the case is pending before a court offirst or second instance, the court, where it finds the petition not manifestlyunfounded, shall suspend judgment and refer the matter to the SupremeCourt for a decision, which shall be binding upon the former court. 4. Where a petition is presented while the case is pending before theSupreme Court, the Supreme Court, where it finds the petition notmanifestly unfounded, shall suspend judgment and proceed according to 5. The same procedure shall apply where the question 0£constitutionality is raised by a court 0£ first or second instance, or bv theSupreme Court, on their own motion.Article 99Constitutional Court1. A question of constitutionality shall be decided by the SupremeCourt constituted as the Constitutional. Court, with the addition of twomembers appointed for a period of three years by the President of the -------------------------------------------------------------------------------- Page 48 Republic, on the proposal of the Council of Ministers and two members,elected for the same period by the National Assembly by an absolutemajority.2. The qualifications of the additional members shall be prescribed bylaw. Article 100JudgmentA decision of the Supreme Court declaring that a. law or aprovision having the force 'of law is unconstitutional shall becommunicated by the Court to the" President of the Republic,the President of the National Assembly and the Prime Minister, and shallbe published in the manner prescribed for the publication of laws.TITLE IICriminal Proceedings Against the President of the Republicand the Members of the GovernmentArticle 101Impeachment1.The articles of impeachment approved by the National Assemblyunder Article 76 or Article 84, shall specify the acts alleged to have beencommitted by the President of the Republic or any member of theGovernment and their accomplices, if any.2.The National Assembly shall appoint, from among its members, orfrom outside, one or three Prosecuting Commissioners who shall act asPublic Prosecutor in proceedings before the Supreme Court constituted asthe High Court of Justice. -------------------------------------------------------------------------------- Page 49 Article 102High Court of JusticeThe Supreme Court constituted as the High Court of Justice shallconduct the trials with six additional members, drawn by lot by thePresident of the Court at a public hearing from a special list of twelvecitizens qualified for election as deputies. The twelve citizens shall beelected by the National Assembly at the beginning of each term fromamong persons who are not members of the Assembly.Article 103Organization1. The provisions governing proceedings before the Supreme Courtconstituted as the Constitutional Court or the High Court of Justice shallbe laid down by law. 2. The Court shall establish its own rules of court for the hearings. TITLE IIIAmendments to the ConstitutionArticle 104Amendments and Additions to the ConstitutionAmendments or additions to the provisions of the Constitutionshall be decided by the National Assembly on the proposal of at least onefifth of its members, or of the Government, or of 10,000 voters, by twosuccessive ballots held at an interval of not less than three months, -------------------------------------------------------------------------------- Page 50 approval thereof requiring an absolute majority of the deputies on the firstballot and a two third majority on the second ballot. Article 105Limits on Amendments to the ConstitutionThe Constitution shall not be amended under the terms of thepreceding article for the purpose of modifying the republican anddemocratic form of government or for restricting the fundamental rightsand freedoms 0£ the citizen and of man guaranteed by the Constitution.TRANSITIONAL AND FINAL PROVISIONSITransitional Exercise of Powers1. Until the appointment of the Provisional President of the Republic,which shall take place not later than 1 July 1960, the powers and functionsvested by the Constitution in the President of the Republic shall beexercised by the President of the Legislative Assembly acting asProvisional President of the Republic, with the exception of the powerspecified in paragraph 1 of Article 53.He shall promulgate this Constitution.2. Immediately after signing the Act of Union of the two SomaliTerritories (Somalia and SomaliIand), the new National Assembly shallelect, in the manner specified in paragraph 2 of Article 70, a ProvisionalPresident of the Republic, who shall remain in office until the election ofthe first President or of the other Provisional President provided for inparagraph 1 of provision No. IV.II -------------------------------------------------------------------------------- Page 51 Provisional PresidentThe Provisional President shall exercise all the powers vested bythe Constitution in the President of the Republic, with the exception of thepower specified in Article 53, and shall, by decree, fix the date of thereferendum provided for in the following provisions. IIIEntry into Force of the Constitution and Referendum1. This Constitution shall provisionally come into force on 1 July1960 and shall, within one year of such date, be submitted to a popularreferendum in which all the voters shall be called upon to participate. 2. All voters shall have the right to express their approval ordisapproval of the Constitution in a free, direct and secret manner and inaccordance with a special law to be issued on the referendum.3. The regularity of the referendum operations shall be confirmed bythe Supreme Court, which shall decide on this matter not less than ten normore than thirty days after the closure of the voting. The Supreme Courtshall also decide on any complaint or appeal which may be presented, andsuch decision shall be final. On giving the confirmation order, the Court shall also proclaim theresults of the referendum,4. In case of non-confirmation, a new referendum shall be held withinthree months of the date of the Court's decision. IV -------------------------------------------------------------------------------- Page 52 Results of the Referendum1. If the results of the referendum are contrary to the adoption of thisConstitution, the National Assembly shall, within fifteen days of theproclamation of the results by the Supreme Court, elect a new ProvisionalPresident of the Republic and declare the previous one to be no longer inoffice; the Constituent Assembly shall thereupon provide for the adoptionof a new Constitution, which shall be submitted; to a referendum within six months following the appointment of the new provisional President.2.If the results of the referendum are favourable, this Constitutionshall be considered final and, within fifteen days, the National Assemblyshall elect the President of the Republic in accordance with thisConstitution.VFinal Provision1.Until the proclamation of the result of the referendum, the text ofthe Constitution shall be posted at town halls and at the offices of theDistrict Commissioners of the Republic so that every citizen may becomeacquainted with it.2.The Constitution shall be faithfully observed as the fundamentallaw of the Republic by all the organs of the State and by all persons underits sovereignty.The Constitution, embossed with the State’s seal, shall be includedin the Official Compilation of laws and Decrees of the Somali Republic.Mogadishu, 1 July 1960. -------------------------------------------------------------------------------- Page 53 ADENABDULLAOSMANPresident of the Legislative AssemblyABDULLAHI ISSA MOHAMUDPrime MinisterMOHAMED SCEK GABIOUMinister for the ConstitutionSCEK MOHAMUD MOHAMED FARAHMinister of Grace and Justice http://209.85.135.104/search?q=cache:tHVjim-3s2AJ: www.benadir-watch.com/Constitution1960.pdf+somali+ constitution&hl=en&ct=clnk&cd=3 I shall amend the above over next week or so IA. 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Fabregas Posted July 13, 2008 ^^You shall amend the above? ma buug baad qoray sa?,saxiib? very interesting consitution though........ Quote Share this post Link to post Share on other sites
N.O.R.F Posted July 13, 2008 I will only try the first part Have a go. I have an idea on the right political make up aswell but I need to know a few things first. * How many clans are there? (not just the major ones) * How many regions are there? Quote Share this post Link to post Share on other sites
jamaal7777 Posted July 13, 2008 I think the first step should be to find ways that reduce the appeal of the highest office in the land-the presidency-to just another job. Quote Share this post Link to post Share on other sites
dhulQarnayn Posted July 14, 2008 The only way to"reduce the appeal of the highest office in the land(the presidency)to just another job" is to decentralize power to the provincial level. "Cantonize" the country, just like Switzerland! Each province in Somalia becomes its own state. The so-called "Somaliland" will not be ruled outta Hargeisa, but rather the constituent provinces of Somaliland--Awdal, Waqooyi Galbeed and Togdheer will each go there seperate ways and have their own independent state governments. SSC will persue their own destiny, respectively, without any outside influence from either Puntland nor Somaliland. Puntland itself must seize to exist and allow the formation of self-administered automounous provincial governments by Bari, Nugaal and Mudug. The rest of the country will follow along this path of decentralization. This will ensure that the power of the central government gets so watered down that it wont be worth the hustle for dumb warlords and false jihadists to fight over. dhulQarnayn, Republic Of California p.s Al-Buracaawi Am working on a constitution just like you did. Mine is modelled after the Swiss constitution. I think you will find it very agreeable. Will post it once am done. Quote Share this post Link to post Share on other sites
N.O.R.F Posted July 14, 2008 ^I look forward to it Quote Share this post Link to post Share on other sites
N.O.R.F Posted July 14, 2008 Part 1 CONSTITUTION OF THE SOMALI REPUBLIC Preamble to the Constitution The Somali People collectively and individually struggling for a life of dignity and equality, and engaged in a fight to establish lasting peace and stability internally and externally, to realise the general interests of the working masses, and accomplish it’s major objectives of unity of the nation and equality in which the individual attains higher levels of social consciousness and strengthens the pillars of national sovereignty, in order to achieve rapid political and socio-economic development, have resolved to adopt this constitution which shall constitute the basis of the struggle for the development of the Somali society, peaceful co-existence and mutual co-operation among nations of the world, especially those whose interests shall coincide. The Constitution of the Somali Republic Chapter I General Principles Section 1 The Republic Article 1 The Somali State 1. The Somali Republic is an Islamic state led by a cabinet chosen President and is an integral part of the Arab and African entities. 2. All sovereignty belongs to the people who shall exercise it through their representative institutions. Article 3 Religion and Language 1. Islam shall be the state religion. 2. Somali is the language which all Somalis speak and through which they recognise each other; Arabic is the language which links the Somali people with the Arab nation, of whom they are an integral part. The Somali language shall constitute the official language of the Somali Republic. Article 5 State Territory 1. The state territory shall be sacred and inviolable. Article 6 Equality of Citizens All citizens shall be entitled to their rights and duties in accordance with the relevant Laws. Section 2 The Party Article 7 Authority and Leadership of the Party 1. The Somali House of Parliament shall be the only legal political entity in the Somali Republic; no other entity or political organisations may be established. 2. The Somali House of Parliament shall have supreme authority of political and socio-economic leadership in the Somali Republic. Article 19 International Legal Norms The Somali Republic shall recognise the Universal Declaration of Human Rights and generally accepted rules of international law. Chapter II Fundamental Rights, Freedoms and Duties of the Citizen and Individual Article 20 Political, Economic, and Social Rights Subject to article 7, every citizen shall be entitled to participate fully in the political, economic, social and cultural activities in accordance with the Constitution and laws. Article 21 Right to Work 1. Every citizen shall be entitled to work. Work is a duty, honour and the foundation of the Somali Republic. 2. The state shall promote the creation of employment in order to realize the citizen's fundamental right to work. Article 22 Right to Election Every citizen who fulfils the conditions prescribed by the law shall be entitled to elect and be elected. Article 23 Right to Education Every citizen shall have the right to free education. Quote Share this post Link to post Share on other sites
