Somalia 2012 Constitution

CHAPTER 5. DEVOLUTION OF THE POWERS OF GOVERNMENT INTHE FEDERAL REPUBLIC OF SOMALIA

Title One. Structure and Principles of Collaboration of the Levels of Government

Article 48. The Structure of Government

1. The structure of the government in the Federal Republic of Somalia is composed of two levels of government:
   1. The Federal Government Level;
   2. The Federal Member States Level, which is comprised of the Federal Member State government, and the local governments.
2. No single region can stand alone. Until such time as a region merges with another region(s) to form a new Federal Member State, a region shall be directly administered by the Federal Government for a maximum period of two years.

Article 49. The Number and Boundaries of the Federal Member States and Districts

1. The number and boundaries of the Federal Member States shall be determined by the House of the People of the Federal Parliament.
2. The House of the People of the Federal Parliament, before determining the number and boundaries of the Federal Member States, shall nominate a national commission which shall study the issue, and submit a report of its findings with recommendations to the House of the People of the Federal Parliament.
3. The nomination of the commission referred to in Clause two shall be preceded by the enactment of a law by the House of the People of the Federal Parliament, which shall define:
   1. The responsibilities and powers of the commission;
   2. The parameters and conditions it shall use for the establishment of the Federal Member States;
   3. The number of the commissioners, requirements of membership, nomination methods, office tenure, and their remuneration.
4. The number and the boundaries of the districts in a Federal Member State shall be determined by a law enacted by the parliament of the Federal Member State, which must be approved by the House of the People of the Federal Parliament.
5. Federal Member State boundaries shall be based on the boundaries of the administrative regions as they existed before 1991.
6. Based on a voluntary decision, two or more regions may merge to form a Federal Member State.

Article 50. Federalism Principles of the Federal Republic of Somalia

The various levels of government, in all interactions between themselves and in the exercise of their legislative functions and other powers, shall observe the principles of federalism, which are:

1. Every level of government shall enjoy the confidence and support of the people;
2. Power is given to the level of government where it is likely to be most effectively exercised;
3. The existence and sustainability of a relationship of mutual cooperation and support between the governments of the Federal Member States, and between the governments of the Federal Member States and the Federal Government, in the spirit of national unity;
4. Every part of the Federal Republic of Somalia shall enjoy similar levels of services and a similar level of support from government;
5. Fair distribution of resources;
6. The responsibility for the raising of revenue shall be given to the level of government where it is likely to be most effective exercised;
7. The resolution of disputes through dialogue and reconciliation.

Article 51. Collaborative Relationships Between the Various Levels of Government in the Federal Republic of Somalia

1. Every government shall strive for a cooperative relationship with other governments, whether at the same level or at another level of government.
2. Every government shall respect and protect the limits of its powers and the powers of other governments, and shall:
   1. Have effective brotherly relationships with other levels of government in order to promote the unity of the citizenry;
   2. Inform governments of other levels of policies and activities it implements within its boundaries which may have an impact on the areas of other levels;
   3. Have policies that facilitate the planning and implementation of joint development projects.
3. In order to ensure the existence and development of cooperative federal relations, an annual conference of Executive heads of the Federal Government and the Federal Member State governments shall regularly be convened, so as to discuss and agree on:
   1. Strengthening national unity;
   2. Security and peace of the country;
   3. National socio-economic development, and common market policies of the country;
   4. Promotion of the wealth of the people;
   5. Information sharing.
4. All levels of government must comply with the national Constitution, without any government assuming more powers than the Constitution allocates.
5. A law passed by the Federal Parliament shall regulate:
   1. The establishment of institutions and guidelines that shall facilitate interaction between the various levels of government;
   2. The establishment of guidelines that will facilitate the resolution of disputes between the various levels of government without resorting to court.

Article 52. Cooperative Relationships Between the Various Federal Member State Governments

1. The Federal Government and Federal Member State governments shall ensure that meetings between the Presidents of the Federal Member States and high ranking officials be held regularly to discuss issues that affect their territories, including:
   1. Water sources;
   2. Agriculture;
   3. Animal husbandry;
   4. Pasture and forestry;
   5. The prevention of erosion and the protection of the environment;
   6. Health;
   7. Education;
   8. Relations and dialogue amongst traditional leaders, and the protection and development of traditional law;
   9. Relations amongst religious scholars; and
   10. Youth.
2. Federal Member States may enter cooperative agreements amongst themselves or with the Federal Government, which may not be legally binding or contradict the national constitution and the constitutions of the Federal Member States.

Article 53. International Negotiations

1. In the spirit of inter-governmental cooperation the Federal Government shall consult the Federal Member States on negotiations relating to foreign aid, trade, treaties, or other major issues related to international agreements.
2. Where negotiations particularly affect Federal Member State interests, the negotiating delegation of the Federal Government shall be supplemented by representatives of the Federal Member States governments.
3. In conducting negotiations, the Federal Government shall regard itself as the guardian of the interests of the Federal Member States, and must act accordingly.

Article 54. Allocation of powers

The allocation of powers and resources shall be negotiated and agreed upon by the Federal Government and the Federal Member States (pending the formation of Federal Member States), except in matters concerning:

1. Foreign Affairs;
2. National Defense;
3. Citizenship and Immigration;
4. Monetary Policy, which shall be the powers and responsibilities of the federal government.