Somalia 2012 Constitution

CHAPTER 1 DECLARATION OF THE FEDERAL REPUBLIC OF SOMALIA

Article 1. The Federal Republic of Somalia

1. Somalia is a federal, sovereign, and democratic republic founded on inclusive representation of the people and a multiparty system and social justice.
2. After Allah the Almighty, all power is vested in the public and can only be exercised in accordance with the Constitution and the law and through the relevant institutions. It is prohibited for a person or a section of the public to claim the sovereignty of the Federal Republic of Somalia, or to use it for their personal interest.
3. The sovereignty and unity of the Federal Republic of Somalia is inviolable.

Article 2. State and Religion

1. Islam is the religion of the State.
2. No religion other than Islam can be propagated in the country.
3. No law which is not compliant with the general principles of Shari’ah can be enacted.

Article 3. Founding Principles

1. The Constitution of the Federal Republic of Somalia is based on the foundations of the Holy Quran and the Sunna of our prophet Mohamed (PBUH) and protects the higher objectives of Shari’ah and social justice.
2. The Federal Republic of Somalia is a Muslim country which is a member of the African and Arab Nations.
3. The Federal Republic of Somalia is founded upon the fundamental principles of power sharing in a federal system.
4. The Constitution of the Federal Republic of Somalia promotes human rights, the rule of law, general standards of international law, justice, participatory consultative and inclusive government, the separation of powers between the legislature, executive and an independent judiciary, in order to ensure accountability, efficiency and responsiveness to the interests of the people.
5. Women must be included in all national institutions, in an effective way, in particular all elected and appointed positions across the three branches of government and in national independent commissions.

Article 4. Supremacy of the Constitution

1. After the Shari’ah, the Constitution of the Federal Republic of Somalia is the supreme law of the country. It binds the government and guides policy initiatives and decisions in all departments of government.
2. Any law, or administrative action that is contrary to the Constitution may be invalidated by the Constitutional Court, which has the authority to do so in accordance with this Constitution.

Article 5. Official Languages

The official language of the Federal Republic of Somalia is Somali (Maay and Maxaa-tiri), and Arabic is the second language.

Article 6. The Flag and National Symbols

1. The flag of the Federal Republic of Somalia, as shown in section A of Schedule One, is a light blue rectangle in the centre of which is a white star with five equal points.
2. The emblem of the Federal Republic of Somalia, as shown in section B of Schedule One, is a blue shield with a gold frame, in the centre of which is a silver-coated, five-pointed star. The shield is surmounted by a decorated emblem with five golden heads, with two lateral ones halved. The shield is borne from the sides by two leopards facing each other under the lower point of the shield, along with two palm leaves, which are interlaced with a white ribbon.
3. Somalia has a national anthem which is” Qolobaa Calankeed”
4. The Federal Member States of the Federal Republic of Somalia shall have their own flags and national symbols in accordance with the federal system.

Article 7. The Territory of the Federal Republic of Somalia

1. The sovereignty of the Federal Republic of Somalia extends over all the territory of the Federal Republic of Somalia, which includes the land, territorial sea, the islands, the subsoil, the air space, and the continental shelf, and any land and waters that join the Federal Republic of Somalia in accordance with a law that shall be passed by the Federal Parliament.
2. The territory of the Federal Republic of Somalia is inviolable and indivisible.
3. Any international boundary dispute over the territory of the Federal Republic of Somalia shall be resolved in a peaceful and cooperative manner that is in accordance with the laws of the land and international law.
4. The boundaries of the Federal Republic of Somalia shall be those described in the 1960 Constitution of the Republic of Somalia.
5. The boundaries of the Federal Republic of Somalia are:
   1. To the north: The Gulf of Aden;
   2. To the north west: Djibouti;
   3. To the west: Ethiopia;
   4. To the south west: Kenya;
   5. To the east: the Indian Ocean.

Article 8. The Public and the Citizenship

1. The people of the Federal Republic of Somalia consist of all the citizens, and are indivisible.
2. There shall be only one Somali citizenship, and the House of the People of the Federal Parliament of Somalia shall enact a special law that shall define how to obtain, suspend, or lose it.
3. A person who is a Somali citizen cannot be deprived of Somali citizenship, even if they become a citizen of another country.
4. Denial, suspension, or deprivation of Somali citizenship may not be based on political grounds.

Article 9. The Capital City of the Federal Republic of Somalia

The status of the capital city of Somalia shall be determined in the constitutional review process, and the two houses of the Somali Federal Parliament shall enact a special law with regards to this issue.