Somalia 2012 Constitution

CHAPTER 10. THE INDEPENDENT COMMISSIONS

Article 110. General Principles

1. An Independent Commission is a body that is independent of government or political control, and able to make use of expertise relevant to the particular areas of its work.
2. In its mandate and operations, an Independent Commission shall embody and reflect the spirit of human rights, democracy and transparency.
3. An Independent Commission must not be subject to the direction or control of any person or institution.
4. The funding for each Independent Commission shall be allocated by a separate vote in the national budget.

Article 111. The Formation of Independent Commissions

1. The country shall have Independent Commissions both at the Federal Government level as well and at the level of the Federal Member States, and their obligations, duties and numbers shall be defined in a law passed by both Houses of the Federal Parliament.
2. While putting into consideration the specific tasking that those commissions are entrusted with, the Federal Member States of Somalia must be consulted when appointing the commissioners.

Article 111A. The Judicial Service Commission

1. There shall be a Judicial Service Commission, which shall advise the Federal Government on the administration of justice including recruitment, dismissal, and any legal action taken against judges.
2. The Judicial Service Commission has to be independent, neutral, non-partisan and shall ensure the independence of the judiciary.
3. The Judicial Service Commission shall have powers, and responsibilities as stipulated in the Constitution and the national laws.

Article 111B. The Human Rights Commission

1. There shall be a Human Rights Commissions that shall be mandated to:
   1. Promote respect of human rights, and the culture of human rights;
   2. Promote the protection, development, and attainment of human rights; and
   3. Monitor and assess the observance of the conduct of human rights in the Federal Republic of Somalia.
2. In accordance with the Constitution, the Human Rights Commission shall have powers to perform the following functions:
   1. To investigate and report on the observance of human rights;
   2. To take steps to secure appropriate redress where human rights have been violated;
   3. To carry out research;
   4. To educate the public and state officials on international standards relating to human rights.
3. The powers and the activities of the Human Rights Commission shall be stipulated in the Human Rights Commission Act.
4. The Human Rights Commission shall be independent, impartial, and inclusive and should not have more than nine members.

Article 111C. The Anti-Corruption Commission

1. There shall be an Anti-Corruption Commission and its mandate is to investigate allegations of corruption that implicate the public sector.
2. The Anti-Corruption Commission may conduct enquiries at its own discretion and is not required to only act upon a complaint.
3. The mandate of the Anti-Corruption Commission includes:
   1. To promote and strengthen measures to prevent and combat corruption more efficiently and effectively;
   2. The advancement, facilitation and support of international co-operation related to anti-corruption policies;
   3. To promote integrity, accountability, and proper management of public matters and property.
4. The powers of the Anti-Corruption Commission include:
   1. To prevent, investigate and publish corruption allegations;
   2. To freeze, seize, confiscate or return any gains from criminal activity;
   3. To support the adoption of such laws and other measures necessary to effectively prevent and prosecute criminal offences relating to corruption.
5. The scope of the Anti-Corruption Commission includes issues relating to:
   1. Corruption of national or foreign public officials and officials of public international organizations;
   2. Embezzlement, misappropriation or other diversion by a public official of any public or private property;
   3. Trading in influence;
   4. Abuse of functions and illicit enrichment.
6. The Anticorruption Commission shall be independent, impartial, representative and inclusive and shall not have more than nine members.

Article 111D. Parliamentary Service Commission

1. At the beginning of the term of the House of the People, both Houses of the Federal Parliament shall establish a Parliamentary Service Commission serving for the term of the House of the People.
2. The Parliamentary Service Commission shall consist of:
   1. The Speaker of the House of the People as chairperson;
   2. The Speaker of the Upper House as vice-chairperson;
   3. Four (4) members elected by the House of the People from among its members, of whom at least two (2) shall be women;
   4. Two (2) members elected by the Upper House from among its members, of whom at least one shall be a woman;
   5. One member appointed by the House of the People from among persons who are experienced in public affairs, but are not members of the Federal Parliament.
3. A member of the Parliamentary Service Commission shall vacate office:
   1. At the end of the term of the House of the People;
   2. If the member is a member of the Federal Parliament and ceases to be a member of the Federal Parliament; or
   3. If the member is an appointed member, on revocation of the person’s appointment by the House of the People.
4. The Parliamentary Service Commission shall be responsible for:
   1. Providing services and facilities to ensure the efficient and effective functioning of the Federal Parliament;
   2. Constituting offices to support the parliamentary service, and appointing and supervising office holders;
   3. Preparing annual estimates of expenditure of the Federal Parliament and submitting them to the House of the People for approval, and exercising budgetary control over financial activities;
   4. Performing any other function necessary for the well-being of the members and staff of the Federal Parliament as prescribed by federal law.
5. With the approval of the relevant House, the Parliamentary Service Commission shall appoint a Clerk for each House of the Federal Parliament. The offices of the Clerks and offices of members of the staff of the Clerks shall be offices in the Parliamentary Service.

Article 111E. Boundaries and Federation Commission

1. There shall be a Boundaries and Federation Commission to support the territorial evolution of Somalia into a fully-fledged federation of states.
2. The Boundaries and Federation Commission may draw on national and international expertise, conduct studies, make and print maps and conduct inquires to support the creation of viable federal states.
3. The Boundaries and Federation Commission shall take into account demographic and cartographic information as well as political, economic and social criteria and recommend to the Federal Parliament the demarcation of boundaries of Federal Member States.
4. The commission shall be independent, impartial, inclusive and representative of all geographical parts of Somalia.
5. The final determination of the boundaries of Federal Member States shall be made by the Federal Parliament and shall be based on the recommendations of the Boundaries and Federation Commission.

Article 111F. Inter-state Commission

1. There shall be established by federal law an Interstate Commission.
2. The Inter-State Commission shall have such powers as the Federal Parliament deems necessary to:
   1. Facilitate intergovernmental coordination and cooperation among the Federal Government and the governments of the Federal Member States; and
   2. Resolve any administrative, political or jurisdictional disputes between the Federal Government and one or more governments of the Federal Member States or between the governments of Federal Member States.
3. The Interstate Commission shall be composed of members appointed by the Prime Minister and at least an equal number of members appointed by each government of the Federal Member States.

Article 111G. National Independent Electoral Commission

1. There shall be established a National Independent Electoral Commission, established under the constitution. The National Independent Electoral Commission shall be independent of the executive and shall manage its own budget. The National Independent Electoral Commission shall be inclusive and representative and be impartial and neutral and shall not have more than nine members.
2. The mandate of the National Independent Electoral Commission includes:
   1. The conduct of presidential elections;
   2. The conduct of Federal Parliament elections;
   3. The continuous registration of voters and revision of the voter’s roll;
   4. The registration of candidates for elections;
   5. The delimitation of constituencies and wards;
   6. The regulation of the political party system;
   7. The settlement of electoral disputes;
   8. The facilitation of the observation, monitoring and evaluation of elections;
   9. The regulation of money spent by an elected candidate or party in respect of any election;
   10. The development of an electoral code of conduct for its candidates and parties;
   11. The monitoring of compliance with legislation on nomination of candidates by parties;
   12. Voter education.
3. The Federal Parliament shall establish the National Independent Electoral Commission and the relevant legislation required to support it as a matter of priority.

Article 111H. National Security Commission

1. A National Security Commission shall be established by federal law. The National Security Commission shall be independent and shall comprise of security experts from all sectors.
2. The mandate of the National Security Commission shall be to:
   1. Study and develop an integrated security framework to address the present and future needs of Somalia for review and adoption by the Federal Parliament;
   2. Present proposals to ensure that human security is prioritized and incorporated into the national security framework;
   3. Develop a framework through which the public may provide oversight and monitor security related expenditure;
   4. Seek redress from abuses by security personal.
3. The priority issues to be addressed by the National Security Commission shall include:
   1. Piracy;
   2. Demobilization of militias and reintegration into society which includes skills training and the provision of material support and psychological counselling;
   3. Policing;
   4. Ensuring civilian control of the armed forces.
4. The National Security Commission shall establish a Civilian Oversight Sub-Committee comprising of security experts, members of the Federal Parliament, academics and civil society representatives from all sectors of Somali society. The mandate of the Civilian Oversight Sub-Committee shall be to:
   1. Present proposals to ensure that human security is prioritized and incorporated into the national security framework;
   2. Develop a framework through which the public may provide oversight;
   3. Monitor security related expenditure;
   4. Seek redress from abuses by security personnel.

Article 111I. Truth and Reconciliation Commission

1. There shall be established the Truth and Reconciliation Commission to foster national healing, reconciliation and unity and to ensure that matters relating to impunity, revenge and other triggers of violence are addressed through a legal and state directed process.
2. The Truth and Reconciliation Commission shall be independent, impartial and representative and shall include: traditional elders and leaders, members of the Federal Parliament, respected members of civil society, judges and security personnel.
3. The mandate of the Truth and Reconciliation Commission shall include:
   1. Bearing witness to, record and in some cases grant amnesty to the perpetrators of crimes relating to human rights violations, as well as reparation and rehabilitation;
   2. Promoting forgiveness, reconciliation and national unity.

Article 111J. The Office of the Ombudsman

1. There shall be established the office of the Ombudsman.
2. The Ombudsman must act in accordance with the Constitution and the Laws.
   1. A member of the Council of Ministers, the Federal Parliament or any other person shall not interfere with the work of the office of the Ombudsman.
   2. Each department of the Government shall co-operate with the office of the Ombudsman regarding the need to maintain its independence, integrity and effective service delivery.
3. While acting in accordance with the recommendations of the Judicial Service Commission, the President of the Federal Republic of Somalia shall nominate an Ombudsman.
   1. The judicial Service Commission can recommend the nomination of a person as an Ombudsman, only if such a person is qualified to be nominated as a judge of the Constitutional Court.
   2. The Ombudsman’s term of office is seven years.
4. In clause five, the word “officer” shall include one that was elected or nominated or one who works for a Federal Government, Federal Member State government or a local government institution or an officer who is part of a business owned, managed or is in the hands of the government, or an office member of the defense or police forces, but does not include a judge of the Constitutional Court, a High Court or any other officers involved until an allegation becomes evident of a judicial task.
5. The Ombudsman shall:
   1. Investigate complaints regarding allegations or outright violations against basic rights and freedoms, abuse of power, unfair behavior, mercilessness, lack of clemency, indiscipline or disrespect towards a person that lives in Somalia by an officer who works at the various levels of government, an apparently unfair behavior, or act in a corrupt manner, or a behavior by an officer deemed as illegal by a democratic society or regarded as mischief or injustice.
   2. Investigate complaints in relation to the activities of the Public Service Commission of the government, administrative institutions of the government, and the defense and police forces whoever such complaints relate to, failure to equally align those services or fair recruitment among all people in those services or to administer those services fairly.
   3. To take appropriate steps which the public calls for, to rectify or change items mentioned in earlier clauses through a fair, and appropriate process, which include, but are not limited to:
      1. Consultations and sacrifices among the people concerned;
      2. Reporting on the complaints and matters presented to the Ombudsman, and submit to the head of the offender;
      3. To forward the matter to the Attorney General;
      4. To bring the matter before a court that forbids improper conducts by an officer; or
      5. Forward to the Attorney General a matter suspected to involve corruption.
6. The Attorney General shall submit a yearly report to the House of the People and the Upper House of the Federal Parliament and to the public in general.

Article 112. Appointment of Independent Commissions at the Federal Level

Unless the constitution provides otherwise, the relevant Minister shall propose the names of commissioners, to the Council of Ministers. If the Council of Ministers approves, the names shall be submitted to the concerned House of the Federal Parliament. If the concerned House of the Federal Parliament approves the names, they shall be sent to the President of the Federal Republic for formal appointment.

Article 113. Regulations of Independent Commissions

The regulations of the Independent Commissions shall be stated in a law passed made by the House of the People of the Federal Parliament.

Article 114. The Independent Offices

There shall be independent institutions which the Federal Government and the Federal Member States shall have; such as the Attorney General, the Auditor General and the Federal Central Bank.