Somalia 2012 Subsequently amended

Article 10. Human Dignity

1. God or other deities
   Human dignity is given by God to every human being, and this is the basis for all human rights.
2. Inalienable rights
   Human dignity is inviolable and must be protected by all.
3. State power must not be exercised in a manner that violates human dignity.

Article 11. Equality

1. Equality regardless of language, Equality regardless of religion, Equality regardless of political party, Equality regardless of financial status, Equality regardless of gender, Equality for persons with disabilities, Equality regardless of tribe or clan, Equality regardless of parentage, Equality regardless of social status
   All citizens, regardless of sex, religion, social or economic status, political opinion, clan, disability, occupation, birth or dialect shall have equal rights and duties before the law.
2. Discrimination is deemed to occur if the effect of an action impairs or restricts a person's rights, even if the actor did not intend this effect.
3. Equality regardless of religion, Equality regardless of skin color, Equality regardless of tribe or clan, Equality regardless of language, Equality regardless of race, Equality for persons with disabilities, Equality regardless of parentage, Equality regardless of gender, Equality regardless of age, Equality regardless of political party, Equality regardless of financial status
   Government must not discriminate against any person on the basis of age, race, colour, tribe, ethnicity, culture, dialect, gender, birth, disability, religion, political opinion, occupation, or wealth.
4. All government programs, such as laws, or political and administrative actions that are designed to achieve full equality for individuals or groups who are disadvantaged, or who have suffered from discrimination in the past, shall not be deemed to be discriminatory.

Article 12. Application of the Fundamental Rights

1. Binding effect of const rights
   The fundamental rights and freedoms recognized in this Chapter shall always be respected in the making and application of the law. Likewise, they must be respected by all individuals and private organisations, as well as by every state institution and state official as they carry out their official functions.
2. It is the responsibility of the state not only to ensure it does not violate rights through its actions, but also to take reasonable steps to protect the rights of the people from abuse by others.
3. The rights recognized in this Chapter may be limited only by a law as provided for in Article 38.

Article 13. Right to Life

Article 14. Slavery, Servitude and Forced Labour

Article 15. Liberty and Security of the Person

1. Every person has the right to personal liberty and security.
2. Prohibition of torture, Prohibition of cruel treatment, Protection from unjustified restraint
   Every person has the right to personal security, which shall be safeguarded through the prohibition of illegal detention, all forms of violence, including any form of violence against women, torture, or inhumane treatment.
3. The physical integrity of every person is inviolable. No one may be subjected to medical or scientific experiments without their consent or, if a person lacks the legal capacity to consent, the consent of a near relative and the support of expert medical opinion.
4. Prohibition of cruel treatment, Prohibition of torture
   Circumcision of girls is a cruel and degrading customary practice, and is tantamount to torture. The circumcision of girls is prohibited.
5. Right to found a family
   Abortion is contrary to Shari'ah and is prohibited except in cases of necessity, especially to save the life of the mother.

Article 16. Freedom of Association

Article 17. Freedom of Religion and Belief

1. Freedom of religion
   Every person is free to practice his or her religion.
2. No religion other than Islam can be propagated in the Federal Republic of Somalia.

Article 18. Freedom of Expression and Opinions

1. Every person has the right to have and express their opinions and to receive and impart their opinion, information and ideas in any way.
2. Freedom of expression includes freedom of speech, and freedom of the media, including all forms of electronic and web-based media.
3. Reference to art
   Every person has the right to freely express their artistic creativity, knowledge, and information gathered through research.

Article 19. Inviolability of Home

1. The home and other dwellings of the person shall be inviolable, and their entry, search or surveillance shall not be allowed without a reasoned order from a judge.
2. Any such order must be read properly to the occupier of the dwelling before entry, and the inspecting authority is prohibited to violate the law.

Article 20. Freedom of Assembly, Demonstration, Protest and Petition

1. Freedom of assembly
   Every person has the right to organize and participate in meetings, and to demonstrate and protest peacefully, without requiring prior authorization.
2. Right of petition
   Every person has the right to present petitions to governmental institutions.

Article 21. Freedom of Movement and Residence

1. Every person lawfully residing within the territory of the Federal Republic of Somalia has the right to freedom of movement, freedom to choose their residence, and freedom to leave the country.
2. Every citizen has the right to enter and to remain in the country, and has the right to a passport.

Article 22. Right of Political Participation

1. Every citizen has the right to take part in public affairs. This right includes:
   1. The right to form political parties and to participate in the activities of political parties;
   2. The right to be elected for any position within a political party.
2. Every citizen who fulfils the criteria stated in the law has the right to elect and to be elected.
3. The rights stated in Paragraph (1) and (2) should be exercised in accordance with this Constitution and a law enacted by the Federal Parliament.

Article 23. Freedom of Trade, Occupation and Profession

Article 24. Labour Relations

1. Every person has the right to fair labour relations.
2. Right to join trade unions
   Every worker has the right to form and join a trade union and to participate in the activities of a trade union.
3. Right to strike
   Every worker has the right to strike.
4. Every trade union or employers' organization or employer has the right to engage in collective bargaining regarding labour-related issues.
5. All workers, particularly women, shall have a special right of protection from sexual abuse, segregation and discrimination in the work place. Every labour law and practice shall comply with gender equality in the work place.

Article 25. Environment

1. Every person has the right to an environment that is not harmful to their health and well-being, and to be protected from pollution and harmful materials.
2. Every person has the right to have a share of the natural resources of the country, whilst being protected from excessive and damaging exploitation of these natural resources.

Article 26. Property

1. Right to transfer property, Right to own property
   Every person has the right to own, use, enjoy, sell, and transfer property.
2. Protection from expropriation
   The state may only compulsorily acquire property if doing so is in the public interest. Any person whose property has been acquired in the name of the public interest has the right to just compensation from the government as agreed by the parties or decided by a court.

Article 27. Economic and Social Rights

1. Right to water
   Every person has the right to clean potable water.
2. Right to health care
   Every person has the right to healthcare, and no one may be denied emergency healthcare for any reason, including lack of economic capability.
3. Every person has the right to full social security,
4. Every person has the right to protect, pursue, and achieve the fulfilment of the rights recognised in this Article, in accordance with the law, and without interference from the state or any other party.
5. State support for the disabled, State support for the elderly, Mentions of social class
   It shall be ensured that women, the aged, the disabled and minorities who have long suffered discrimination get the necessary support to realize their socio-economic rights.

Article 28. Family Care

1. Regulation of marriage
   Marriage is the basis of the family, which is the foundation of society. Its protection is a legal duty of the state.
2. Mother and child care is a legal duty of the state.
3. Rights of children, Rights or duties of parents
   Every child has the right to care from their parents, including education and instruction. In instances where this care is not available from the family, it must be provided by others. This right applies to street children and children of unknown parents, the rights of whom the state has a particular duty to fulfil and protect.
4. Adults have a duty to support their parents if the parents are unable to care for themselves.
5. Regulation of marriage
   No marriage shall be legal without the free consent of both the man and the woman, or if one or both of them have not reached the age of maturity.

Article 29. Children

1. Every child has the right to a good and righteous name and a nationality from birth.
2. Rights or duties of parents
   Every child has the right to be protected from mistreatment, neglect, abuse, or degradation.
3. Limits on employment of children
   No child may perform work or provide services that are not suitable for the child's age or create a risk to the child's health or development in any way.
4. Privileges for juveniles in criminal process
   Every child may be detained only as a last resort, for a limited time, in appropriate conditions, and must be detained separately from adults with the exception of the child's immediate family. The child's immediate family must be informed of the child's detention as soon as practicable.
5. Every child shall have the right to legal aid paid for by the state if the child might otherwise suffer injustice.
6. Every child has the right to be protected from armed conflict, and not to be used in armed conflict.
7. In every matter concerning a child, the child's best interests are of paramount importance.
8. In this Article a "child" is defined as any person under 18 years of age.

Article 30. Education

1. Education is a basic right for all Somali citizens.
2. Free education
   Every citizen shall have the right to free education up to secondary school.
3. Free education
   The government shall give priority to the development, expansion and extension of public education.
4. Private schools, institutes and universities shall be established according to law and in line with the educational program and academic curricula of the country.
5. Right to culture, Reference to art
   The government shall encourage the promotion of research, creativity, and arts, and the advancement of cultural and traditional dances and sports and shall promote the positive customs and traditions of the Somali people.
6. The government shall adopt a standardized curriculum across all schools of the country, and shall ensure its implementation.
7. The government shall promote higher education, technical institutes, and technology and research institutions.
8. The teaching of Islam shall be compulsory for pupils in both public and private schools. Schools owned by non-Muslims shall be exempted from these measures.

Article 31. Language and Culture

1. The state shall promote the positive traditions and cultural practices of the Somali people, whilst striving to eliminate from the community customs and emerging practices which negatively impact the unity, civilization and well-being of society.
2. The state shall collect, protect and preserve the country's historic objects and sites, whilst developing the know-how and technology that shall enable the fulfilment of such an obligation.
3. Protection of language use
   The state shall promote the cultural practices and local dialects of minorities.
4. The rights mentioned in this Article shall be implemented in accordance with the fundamental rights recognized in this Constitution.

Article 32. Right of Access to Information

1. Every person has the right of access to information held by the state.
2. Every person has the right of access to any information that is held by another person which is required for the exercise or protection of any other just right.
3. Federal Parliament shall enact a law to ensure the right of access to information.

Article 33. Just Administrative Decisions

Article 34. Access to Courts

1. Every person is entitled to file a legal case before a capable court.
2. Right to public trial, Judicial independence, Right to fair trial, Right to speedy trial
   Every person has the right to a fair public hearing by an independent and impartial court or tribunal, to be held within a reasonable time, and to determine:
   1. Any question of civil rights and obligations; or
   2. Any criminal charge.
3. Every person is entitled to defend him or herself from the case he or she is party to, whatever the level or stage of the proceedings may be.
4. Right to counsel
   The state shall provide free legal defense to the people who do not have the means of doing so themselves.
5. Right to counsel
   The state shall provide free legal defense to individuals or communities if they are legally pursuing the public interest.

Article 35. The Right of the Accused

1. Presumption of innocence in trials
   The accused is presumed innocent until proven guilty in a final manner by a court of law.
2. Every person arrested or detained has the right to be informed promptly of the reason for their arrest or detention in a language which the person understands.
3. Every person arrested or detained shall have the right for his or her family and relatives to be informed of his or her situation.
4. Regulation of evidence collection, Protection from self-incrimination
   Every person may not be compelled to self-incriminate, and a verdict may not be based on evidence acquired by means of coercion.
5. Every person who is arrested has the right to be brought before a capable court within 48 hours of the arrest.
6. Right to counsel
   Every person who is arrested or detained has the right to choose, and to consult with, a legal practitioner and if he or she cannot afford one, the government must appoint a legal practitioner for him or her.
7. Right to fair trial
   Every person brought before a court of law for an alleged criminal offence is entitled to a fair trial.
8. The accused has the right to be present at their trial.
9. Right to examine evidence/witnesses
   The accused has the right to challenge the evidence presented against him or her.
10. Trial in native language of accused
    The accused has the right to an interpreter if the accused person does not understand the language being used in the court.
11. The accused cannot be kept in an illegal detention centre, and must be granted visits by his or her family, doctor or lawyer.
12. Criminal liability is a personal matter and no person may be convicted of a criminal offence for an act committed by another person.
13. International law, Protection from ex post facto laws, Principle of no punishment without law
    No person may be convicted of a crime for committing an act that was not an offence at the time it was committed, unless it is a crime against humanity under international law.

Article 36. Extradition of the Accused and Criminals

1. Any person that has been accused or convicted may only be extradited in a manner prescribed by law and on the basis of an international treaty or convention which the Federal Republic of Somalia is party to, and which obliges the Somali Federal Government to extradite the accused or convicted.
2. Any accused or convicted person shall only be extradited in accordance with international law and practice, and on the basis of legislation governing extradition, which has been passed by the Federal Parliament.

Article 37. Refugees and Asylum

1. Every person who has sought refuge in the Federal Republic of Somalia has the right not to be returned or taken to any country in which that person has a well-founded fear of persecution.
2. International law
   The Federal Parliament shall enact legislation in compliance with international law, regulating refugees and asylum seekers.

Article 38. Limitation of Rights

1. The rights set out in this Chapter may be limited by law, provided that the law is not targeted at particular individuals or groups.
2. This right may be limited by law, or by specific exceptions in this Chapter, only if that limitation is demonstrably reasonable and justified according to the values underlying this constitution.
3. In deciding whether a limitation is reasonable and justifiable, all relevant factors must be taken into account.
4. The relevant factors in terms of Clause 3 include the nature and importance of the right limited, the importance of the purpose to be achieved by the limitation, whether the limitation is suitable for achieving the purpose, and whether the same purpose could be achieved while being less restrictive of the rights limited.
5. Emergency provisions
   Possible restriction of fundamental rights during a state of emergency is dealt with in Chapter 14, Article 131 of this Constitution.

Article 39. Redress of Violations of Human Rights

1. The law shall provide for adequate procedures for redress of violations of human rights.
2. Redress of violations of human rights must be available in courts that the people can readily access.
3. A person or organization may go to court to protect the rights of others who are unable to do so for themselves.

Article 40. Interpretation of the Fundamental Rights

1. When interpreting the rights set out in this Chapter, a court shall take an approach that seeks to achieve the purposes of the rights and the values that underlie them.
2. International law
   In interpreting these rights, the court may consider the Shari'ah, international law, and decisions of courts in other countries, though it is not bound to follow these decisions.
3. When interpreting and applying the law generally, a court or any tribunal shall consider the relevance of the provisions of this Chapter, and make its decisions compatible with these provisions, as far as is possible.
4. The recognition of the fundamental rights set out in this Chapter does not deny the existence of any other rights that are recognized or conferred by Shari'ah, or by customary law or legislation to the extent that they are consistent with the Shari'ah and the Constitution.

Article 41. Human Rights Commission

1. The Federal Parliament shall establish a Human Rights Commission that is independent of government control, and has adequate resources to carry out its functions effectively.
2. The functions of the Human Rights Commission shall include the promotion of knowledge of human rights, and specifically Shari'ah, setting implementation standards and parameters for the fulfilment of human rights obligations, monitoring human rights within the country, and investigating allegations of human rights violations.

Article 42. Duties of the Citizens

1. In Islam, justice requires a balance of rights and duties.
2. The exercise of equality, freedoms, and other rights is inseparable from duties. Accordingly, it is the duty of each citizen:
   1. To be patriotic and loyal to the country and to promote its development and well-being;
   2. Duty to work
      To engage in useful work for the good of the citizen, the family, and the common good, and to contribute to national development and to the well-being of the community where the citizen lives;
   3. To promote responsible parenthood;
   4. To foster national unity in harmony with others;
   5. To promote accountability and the rule of law;
   6. Duty to obey the constitution
      To become acquainted with the provisions of the Constitution and to uphold and defend the Constitution and the law;
   7. To strive to vote in elections;
   8. Duty to pay taxes
      To become a good tax-payer in order to contribute to the public expenditure according to the law and the citizen's capacity to pay;
   9. To defend the territory of the Federal Republic of Somalia.

Article 46. The Power of the Public

1. The power of self-governance begins and ends with the public, which has the power to hold accountable public institutions and public servants where necessary.
2. The public representation system shall be open and shall give everyone the opportunity to participate. Its procedures and rules shall be simple and understandable.
3. The public representation system shall be able to satisfactorily and reasonably prevent any crises that may arise as a result of political contests and election results.

Article 47. Electoral System and Political Parties

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. Subsidiary unit government, Municipal government
      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. Subsidiary unit government, Federal review of subnational legislation
   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

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. Municipal government, Subsidiary unit government
   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. Economic plans
      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. Subsidiary unit government
   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. Protection of environment
      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. International law
   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

Article 55. The Houses of the Federal Parliament

1. Structure of legislative chamber(s)
   The Federal Parliament of the Federal Republic of Somalia consists of:
   1. The House of the People; and
   2. The Upper House.
2. The House of the People of the Federal Parliament and the Upper House of the Federal Parliament shall carry out their legislative duties in accordance with Title Four of this Chapter of the Constitution on the National Legislative Procedures.

Article 56. Performance of the Federal Parliament

Article 57. Joint Sittings

Article 58. Membership Criteria for the Federal Parliament

1. Eligibility for first chamber, Eligibility for second chamber
   In order to be eligible for membership of the Federal Parliament of the Federal Republic of Somalia, a person must:
   1. Minimum age for second chamber, Minimum age for first chamber
      Be a citizen of the Federal Republic of Somalia, of sound mind, not younger than 25, and a registered voter;
   2. Not have had their citizenship suspended by a court order in the last five (5) years;
   3. Have a minimum of secondary education or equivalent experience.
2. Before the candidature of a person is accepted, the National Independent Electoral Commission shall verify whether the candidate meets the criteria set out in this article.

Article 59. Disqualification of Membership of the Federal Parliament

1. Membership of the Federal Parliament can be lost as a result of:
   1. Death of the member;
   2. The member consistently failing to perform his or her duties;
   3. The acceptance of a resignation submitted by the member to the House he or she is a member of;
   4. Attendance by legislators
      Failing to attend two consecutive ordinary sessions of his or her House without a reasonable excuse;
   5. Outside professions of legislators
      The member accepting to hold a government position other than a ministerial post;
   6. The member's citizenship rights having been suspended in accordance with the Constitution.
2. Replacement of legislators
   If a member of the Federal Parliament loses their membership, the runner-up in the last election shall take up the position.
3. Replacement of legislators
   The electoral law shall regulate the procedure for determining the runner-up, who should be sworn in within 30 days of the day of the loss of membership of the Federal Parliament of the member he or she is replacing.

Article 60. Term of Office

1. Term length for first chamber, Term length of second chamber
   The term of office of the Federal Parliament is 4 years from the day of the announcement of the election results.
2. A member of Federal Parliament may be re-elected.

Article 61. Responsibilities of Members of the Federal Parliament

1. When fulfilling his or her duties, every member of the Federal Parliament shall be guided by the best interests of the nation as a whole.
2. While fulfilling his or her duties in accordance with Clause (1) of this Article, every member of the House of the People of the Federal Parliament has a special responsibility to represent the constituency he or she has been elected from, regardless of their political or party affiliations.
3. Every member of the Upper House of the Federal Parliament has a special responsibility to represent the interests of the Federal Member State that the member represents, and to safeguard the federal system, whilst acting in the spirit of inter-governmental cooperation.

Article 62. Joint Committees of the Federal Parliament

1. The two Houses of the Federal Parliament may form joint committees to facilitate their work.
2. Joint rules of procedure passed by the two Houses shall determine the number of joint committees to be formed, and the procedure of their work.

Article 63. The Legislative Powers of the House of the People

Article 64. The Number of the Members of the House of the People

1. Secret ballot
   The members of the House of the People of the Federal Parliament shall be elected by the citizens of the Federal Republic of Somalia in a direct, secret and free ballot.
2. Size of first chamber
   The number of ordinary members of the House of the People of the Federal Parliament shall be two hundred and twenty-five (225) members.
3. The members of the House of the People of the Federal Parliament must represent all communities of the Federal Republic of Somalia in a balanced manner.
4. Any person who becomes the President of the Federal Republic of Somalia shall become a life member of the House of the People after leaving the office of President of the Federal Republic of Somalia, unless he or she has been removed from this office before the end of the presidential term in accordance with Article 92 of the Constitution, and he or she shall be an additional member of the House of the People of the Federal Parliament.

Article 65. The Speaker and Deputy Speakers of the House of the People of the Federal Parliament

1. At its first session, presided over by the eldest member, the House of the People of the Federal Parliament shall elect a Speaker and two (2) Deputy Speakers from amongst its members.
2. If on any occasion neither the Speaker nor the Deputy Speakers are present, the House shall elect one of its members to preside temporarily.
3. Before assuming office, the Speaker shall relinquish any official position in a political party, and shall be strictly neutral in the performance of his or her functions.
4. The Speaker and his or her deputies shall be elected through a secret ballot by a majority vote of the members of the House of the People of the Federal Parliament, and may be removed by a two-thirds majority vote of the members of the House of the People of the Federal Parliament.

Article 66. House Sessions of the House of the People of the Federal Parliament

1. A newly elected House of the People of the Federal Parliament must hold its first sitting within 30 days of the declaration of the result of the general election, on a date fixed by the National Independent Electoral Commission.
2. Length of legislative sessions
   The House of the People of the Federal Parliament must hold two regular sessions each year, and each session should last for a minimum of four (4) months.
3. The rules of procedure of the House of the People of the Federal Parliament shall determine the timings, dates and the resting period of the regular sessions of the House of the People of the Federal Parliament.
4. Extraordinary legislative sessions
   The House of the People of the Federal Parliament shall be convened for a special session whenever:
   1. Called by the President of the Federal Republic acting on the request of the Council of Ministers;
   2. Called by its Speaker;
   3. Requested in writing by at least 20% of the members of the House of the People of the Federal Parliament.

Article 67. Dissolution of the House of the People of the Federal Parliament

Article 68. Rules of Procedure of the House of the People of the Federal Parliament

1. The House of the People of the Federal Parliament shall adopt its own rules of procedure, which shall provide for full participation of its members.
2. The House of the People of the Federal Parliament shall divide itself into committees that will carry out the duties of the House of the People of the Federal Parliament.
3. When draft legislation is brought before the House of the People of the Federal Parliament, it shall task it to the relevant House committee so that it may be studied, and a report of its findings and recommendations presented to the plenary of the House.
4. Draft legislation rejected by the House of the People of the Federal Parliament cannot be returned before the House of the People of the Federal Parliament for 30 days from the day of the rejection of the legislation.
5. Public or private sessions
   The House of the People of the Federal Parliament and its committees shall sit in public, in accordance with the general principle of transparency in government. The rules of procedure shall define when it is necessary for the House of the People to have a closed door session.

Article 69. The Powers of the House of the People of the Federal Parliament

1. The House of the People of the Federal Parliament has legislative duties, including the duty:
   1. To pass, amend or reject any law tabled before it;
   2. Budget bills
      To prepare laws, except laws related to the annual budget, which shall be formulated by the Council Of Ministers.
2. The House of the People of the Federal Parliament has the following additional powers:
   1. To approve the Independent Commissions brought before it by the Prime Minister;
   2. To hold accountable and monitor the national institutions, and to ensure the implementation of national laws;
   3. Legislative oversight of the executive
      To summon the Prime Minister, members of the Council of Ministers and the Chairmen of the Independent Commissions and Offices. The House of the People of the Federal Parliament has the authority to review the duties of any official who does not respond when summoned by the House of the People of the Federal Parliament;
   4. Cabinet selection, Head of government selection
      To give a vote of confidence in the Prime Minister and the Council of Ministers, and in government projects, to be conducted by a simple majority vote of the total members (50%+1) by means of a show of hands to the Prime Minister and members of the Council of Ministers;
   5. Head of government removal
      To carry out a vote of no confidence in the Prime Minister and his deputy or deputies by a simple majority vote of the total members (50%+1) to be conducted by means of a show of hands;
   6. Head of state selection, Head of state removal
      To elect and dismiss the President of the Federal Republic as provided for by the Constitution;
   7. To carry out other duties as provided for by the Constitution to ensure the proper implementation and review of the Constitution.

Article 70. The Immunity of the Members of the House of the People of the Federal Parliament

1. Legislative committees
   No member of the House of the People shall be penalised for giving their views to the House of the People of the Federal Parliament and its committees.
2. Without the approval of the House of the People of the Federal Parliament, no member of the House of the People of the Federal Parliament may be prosecuted for a criminal offense, be detained, or be physically searched, and nor may the member's house or other dwellings be searched unless the member has been caught in the act of committing a crime that calls for compulsory detention orders. Furthermore, without the approval of the House of the People of the Federal Parliament, no member may be detained or imprisoned, even in the fulfilment of a final court order.
3. A member can be held liable for non-criminal offenses without the approval of the House of the People of the Federal Parliament.
4. A special law shall define the immunity of the members of the House of the People of the Federal Parliament.
5. The allowances and other benefits of the members of the House of the People of the Federal Parliament shall be paid from the central treasury of the Federal Government.

Article 71. The Upper House of the Federal Parliament

Article 72. The Number of Members of the Upper House of the Federal Parliament

Article 73. The Speaker and Deputy Speaker of the Upper House of the Federal Parliament

Article 74. Sessions of the Upper House of the Federal Parliament

1. A newly elected Upper House of the Federal Parliament must hold its first sitting within 30 days of the declaration of the result of the general election. The date of the first session shall be determined by the National Independent Electoral Commission.
2. Length of legislative sessions
   The Upper House of the Federal Parliament must hold two regular sessions each year, and each session shall last for a minimum of four (4) months.
3. The Rules of Procedure of the Upper House of the Federal Parliament shall determine the timings, the dates and the resting period of the regular sessions of the Upper House of the Federal Parliament.
4. Extraordinary legislative sessions
   The Upper House of the Federal Parliament shall be convened for a special session whenever:
   1. Called by the Prime Minister;
   2. Called by its Speaker;
   3. Requested in writing by at least two (2) Federal Member States.

Article 75. Rules of Procedure of the Upper House of the Federal Parliament

1. The Upper House of the Federal Parliament shall adopt its own rules of procedure, which shall provide for full participation of its members.
2. The Upper House of the Federal Parliament shall divide itself into committees that shall facilitate the fulfilment of duties allocated to them by the Upper House of the Federal Parliament.
3. When draft legislation is tabled before the Upper House of the Federal Parliament, it shall task the relevant House committee to study it, and present a report of its findings and recommendations to the plenary of the House.
4. Draft legislation rejected by the Upper House of the Federal Parliament cannot be returned before the Upper House of the Federal Parliament for 30 days from the day of the rejection of the legislation.
5. Public or private sessions
   The Upper House of the Federal Parliament and its committees shall sit in public, in accordance with the general principle of transparency in government.

Article 76. Decision-making in the Upper House of the Federal Parliament

1. Unless stated otherwise by the Constitution, each member of the Upper House of the Federal Parliament shall have one vote.
2. Decisions of the Upper House of the Federal Parliament can pass only with a majority vote of the total membership of the Upper House of the Federal Parliament.

Article 77. Presence of Ministers in the Sessions of the Upper House of the Federal Parliament

1. Ministers may attend the sessions of the Upper House of the Federal Parliament, and may speak, but shall not have the right to vote. The rules of procedures of the Upper House of the Federal Parliament may provide for regular sessions in which ministers respond to written or oral questions from members of the House.
2. Legislative committees
   The Upper House of the Federal Parliament or its committees may summon the Prime Minister and members of the Council of Ministers to ask them questions related to their duties.
3. The Upper House of the Federal Parliament shall inform in writing the above officials of the subject matter of the meeting at least one week before the agreed date of the meeting.

Article 78. The Immunity of the Members of the Upper House of the Federal Parliament

1. Immunity of legislators
   The members of the Upper House of the Federal Parliament shall have the same immunity to that of members of the House of the People of the Federal Parliament stated in this Constitution.
2. Dismissal of the legislature
   The Upper House of the Federal Parliament cannot be dissolved.

Article 79. Draft Legislation

1. According to the Constitution, a draft legislation consists of the proposal of draft law, including:
   1. Reviewing, replacing, and proposing amendments to the Constitution;
   2. Writing and preparing a new draft law;
   3. Proposing a new draft law;
   4. Reviewing an existing law.
2. Constitution amendment procedure
   The debate on draft legislation for reviewing this Constitution shall be initiated at the House of the People of the Federal Parliament.
3. The debate on any draft law may be initiated at either House of the Federal Parliament.

Article 80. Initiating New Laws

1. Draft legislation at the National Level may be initiated by:
   1. The Council of Ministers; or
   2. Budget bills
      At least 10 members of the House of the People of the Federal Parliament, except draft legislation that concerns the annual budget which shall be initiated only by the Council of Ministers.
2. Draft legislation may be presented to the Upper House of the Federal Parliament by
   1. At least one representative of a Federal Member State; or
   2. Legislative committees
      Any committee of the Upper House of the Federal Parliament.

Article 81. Political Resolutions

1. Initiation of general legislation
   Both Houses of the Federal Parliament can initiate draft legislation.
2. Only the House of the People of the Federal Parliament has the authority to reject draft legislation.
3. If there are differences with regard to draft legislation between the two Houses of the Federal Parliament, either House may call for a joint committee of both Houses to attempt to resolve the differences and to suggest a harmonised draft legislation to both Houses in the spirit of intergovernmental cooperation as stipulated in Article 51 and 52 of this Constitution.
4. Only the House of the People of the Federal Parliament may send draft legislation to the President of the Federal Republic for his signature and its publication in the Official Gazette.

Article 82. Draft Laws Initiated in the House of the People of the Federal Parliament

1. When the House of the People of the Federal Parliament receives a draft law, it may take any of the following courses of action:
   1. To pass it in unchanged form, or pass it with amendment(s) and then submit it to the Upper House of the Federal Parliament for approval;
   2. To reject it and inform the Upper House of the Federal Parliament of the reasons for the rejection.
2. When the Upper House of the Federal Parliament receives a draft law passed by the House of the People of the Federal Parliament, it may take any of the following courses of action:
   1. To pass it the way it has been submitted, and send it back to the House of the People of the Federal Parliament;
   2. To amend the draft law, and send it back to the House of the People of the Federal Parliament, with reasons for the amendment(s);
   3. To reject the draft law, and send it back to the House of the People of the Federal Parliament, with reasons for its rejection.
3. When the House of the People of the Federal Parliament receives a draft law passed by the Upper House of the Federal Parliament, it shall send it to the President of the Federal Republic of Somalia, for his signature, and its publication in the Official Gazette.
4. When the House of the People of the Federal Parliament receives a draft law that has been amended by the Upper House of the Federal Parliament it can do either of the following:
   1. To accept the amendment on the draft law, and then submit it to the President of the Federal Republic of Somalia for his signature, and its publication in the Official Gazette;
   2. To reject the amendment and over-rule the decision of Upper House of the Federal Parliament through a two-thirds (2/3) majority vote of the total membership of the House of the People of the Federal Parliament, and then submit it to the President of the Federal Republic of Somalia, for his signature, and its publication in the Official Gazette.
5. When the House of the People of the Federal Parliament receives a draft law that has been rejected by the Upper House of the Federal Parliament, it can do either of the following:
   1. To accept the rejection and drop the draft law;
   2. To over-rule the rejection of the Upper House of the Federal Parliament with a two-thirds (2/3) majority vote of the total membership of the House of the People of the Federal Parliament and then submit it to the President of the Republic for his signature and its publication in the Official Gazette.

Article 83. Draft Laws Initiated in the Upper House of the Federal Parliament

1. When the Upper House of the Federal Parliament receives a draft law, it can do either of the following:
   1. To pass it the way it is, or pass it with amendment(s), and then submit it to the House of the People of the Federal Parliament for approval;
   2. To reject it, and inform the House of the People of the Federal Parliament of the reasons for the rejection.
2. When the House of the People of the Federal Parliament receives a draft law that has been passed by the Upper House of the Federal Parliament, it may act in any of the following ways:
   1. To accept it the way it was submitted by the Upper House of the Federal Parliament and then submit it to the President of the Federal Republic of Somalia, for his signature, and its publication in the Official Gazette;
   2. To amend it and send it back to the Upper House of the Federal Parliament, with reasons for the amendment(s);
   3. To reject it and send it back to the Upper House of the Federal Parliament, with reasons for the rejection.
3. When the Upper House of the Federal Parliament receives a draft law that has been amended by the House of the People of the Federal Parliament, it may act in any of the following ways:
   1. To accept the amendment to the draft law without voting and then send it back to the House of the People to submit it to the President of the Republic so as to sign it and then publish it in the official Gazette;
   2. To reject the amendment and over-rule the decision of the House of the People of the Federal Parliament by a two-thirds (2/3) majority vote of the total membership of the House, and then send it back to the House of the People of the Federal Parliament.
4. When the Upper House of the Federal Parliament receives a draft law that has been rejected by the House of the People of the Federal Parliament, it may do either of the following:
   1. To accept the rejection, and drop the draft law;
   2. To over-rule the rejection of the House of the People through by a two-thirds (2/3) majority vote of its total membership, and then send it back to the House of the People of the Federal Parliament.
5. When the House of the People of the Federal Parliament receives a draft law which it has amended, and the amendment has been accepted by the Upper House of the Federal Parliament, it shall submit the draft law to the President of the Federal Republic of Somalia for his signature, and its subsequent publication in the Official Gazette.
6. When the House of the People of the Federal Parliament receives a draft law which it has amended or rejected, and its decision has been over-ruled by the Upper House of the Federal Parliament, it may take do either of the following:
   1. To over-rule the decision of the Upper House of the Federal Parliament by a two-third (2/3) majority vote of the total membership of the House of the People of the Federal Parliament, and drop the draft law;
   2. To accept the decision of the Upper House of the Federal Parliament, and submit the draft law to the President of the Federal Republic for his signature and its publication in the Official Gazette.
7. If the two Houses of the Federal Parliament differ on a draft Law, when the draft Law reaches the level mentioned in section 4 or 6, either of the Houses can request for the formation of a joint committee of the two Houses in order to settle the difference and come up with a draft Law that both Houses agree on based on the general principles of intergovernmental cooperation as stipulated in Article 51 and 52 of this Constitution.

Article 84. Disseminating and Keeping Records of Laws

Article 85. Assent to Legislation

Article 86. Challenging Legislation

1. Legislation that has been passed in accordance with the legislative procedure, as stipulated in this Chapter, may only be challenged if it contradicts the Constitution.
2. Legislation that has been passed in accordance with the legislative procedure, as stipulated in this Chapter, may be challenged by:
   1. All members of the Upper House of the Federal Parliament or one representative of a Federal Member State;
   2. A third of the members of the House of the People of the Federal Parliament;
   3. The Council of Ministers of the Federal Republic of Somalia;
   4. Ten thousand (10,000) or more registered voters.
3. Legislation that has been challenged, in accordance with Clause 1 and 2 of this Article, must be presented to, and decided upon, only by the Constitutional Court.
4. If the Constitutional Court dismisses a challenge to the legislation, the expenses shall be met by the party that has brought the matter to the Constitutional Court.
5. The procedure for challenging legislation, and deciding upon it, shall be stated in the laws regulating the judiciary.

Article 132. Provisions Applicable to an Amendment to the Constitution Proposed After the Expiry of the First Term of the Federal Parliament

1. Unamendable provisions
   Notwithstanding Clause (2), whether before or after the expiry of the first term of the Federal Parliament, neither House of Parliament may consider an amendment to the Founding Principles mentioned in Chapter 1 of this Constitution.
2. Unamendable provisions
   Subject to Clause (1), and other than an amendment of the boundaries of Federal Member States in terms of Article 49, a House of the Federal Parliament may consider an amendment to the Constitution only in terms of the procedures set forth in Clauses (3) through (9).
3. The Federal Government or a Federal Members State government, a member of the Federal Parliament or a petition signed by at least 40,000 citizens may initiate the amendment process.
4. A sponsor of a constitutional amendment in terms of Clause (3) may introduce that proposed amendment into either House of the Federal Parliament.
5. If a majority of the members of the House in which its sponsors introduce a proposed constitutional amendment accept that amendment on first or a subsequent reading, the Speaker of the House of the People and the Speaker of the Upper House of the Federal Parliament of Somalia shall each appoint ten members of that Speaker's House to a joint committee of the two Houses.
6. The joint committee appointed in terms of Clause (5) shall:
   1. Review a proposal for the amendment;
   2. Inform the public of the proposal;
   3. Ensure that adequate opportunity exists for public debate;
   4. Consult with members of the public;
   5. Ensure that members of the public have adequate opportunity to present their comments and suggestions to the joint committee; and
   6. Subsidiary unit government
      Engage Federal Member State legislatures and incorporate the Federal Member States' harmonized submissions into the proposed amendment, whereas the matter concerns Federal Member State interests.
7. Within two (2) months of its appointment, the joint committee shall submit its report to each House of the Federal Parliament.
8. The Federal Parliament adopts a proposed amendment only after approving it on a final vote in the House of the People by at least two-thirds (2/3) of the existing members, and on a final vote in the Upper House of the Federal Parliament by at least two-thirds (2/3) of the existing members.
9. A House of Parliament may only take a final vote three (3) months or more after the report of the joint committee in terms of Clause (7).
10. Referenda
    If the Parliament approves one or more proposed amendments in terms of this Article and Article 136 concerning the review of the final Constitution, it shall conduct a referendum on the revised Constitution as amended.

Article 133. Provisions Applicable to an Amendment to the Provisional Constitution Schedule One (C), or a Law Mentioned in Schedule One (D) of this Constitution, Proposed Before the Expiry of the First Term of the Federal Parliament: The Oversight Committee

1. In this Article and in Article 134:
   1. 'Oversight Committee' means the Provisional Constitution Review and Implementation Oversight Committee.
   2. 'Review and Implementation Commission' means the Independent Provisional Constitution Review and Implementation Commission
2. This Constitution establishes the Oversight Committee as a Committee of the Federal Parliament.
   1. Each House of the Federal Parliament of the Federal Republic of Somalia shall elect five (5) of its Members as members of the Oversight Committee. In addition, each existing Federal Member State of the Federal Republic of Somali that qualifies as a Federated State under the Federal Constitution of Somalia shall nominate one Federal Member State Delegate as a member of the Oversight Committee;
   2. The Oversight Committee shall oversee, direct and approve the work of the Review and Implementation Commission, and, generally, the implementation of the Constitution.
3. The members of the Oversight Committee shall select its Chairperson from among the members of the Oversight Committee.
4. Not later than one month after the Oversight Committee selects its Chairperson, the Oversight Committee shall by majority vote adopt rules for its functioning.
5. The Oversight Committee shall from time to time, assign to the Review and Implementation Commission a drafting project based upon the requirements of Schedules 1 (C) and 1 (D) and such other requirements as shall be deemed necessary pursuant to the outcomes of the National Constituent Assembly provisional adoption as set forth in the Protocol Establishing the National Constituent Assembly.
6. In assigning a drafting project mentioned in Clause (5), the Oversight Committee shall prioritize the project as follows:
   1. Analyze the project in terms of the social problem that the proposed Constitutional amendment or bill will address;
   2. Accord high priority to a project that aims at changing the behaviors that constitute a social problem concerning:
      1. National security, public safety, the protection of basic human rights, or the environment;
      2. Mentions of social class
         Inequality in quality of life of different segments of the Somali population, including income inequality, inequality in health care delivery, and inequality in education;
      3. Economic development, including the availability of jobs, ensuring that a fair proportion of surplus value earned by foreign investors is reinvested in the Federal Republic of Somalia, and ensuring that Somali citizens receive education in, and obtain jobs related to the use of new technologies; and
      4. Safeguarding public funds against corruption and misuse.
   3. Accord lesser priority to a drafting project concerning a social problem related to the responsibility of an existing Ministry other than those concerned with high priority social problems;
   4. So far as possible on the basis of accurate social cost-benefit calculations, assign relative priorities between proposed drafting projects seemingly of equal priority;
   5. Invite Members of both Houses of the Federal Parliament of the Federal Republic of Somalia to discuss prioritization of proposed constitutional amendments and proposed draft bills;
   6. Annually submit to the Federal Parliament of the Federal Republic of Somalia for approval, amendments, approval, or rejection, of a current legislative drafting program of priority proposed Constitutional amendments and proposed draft bills, in the order in which the Oversight Committee will assign projects for drafting to the Review and Implementation Commission, and from time to time add or subtract from that program as the current situation warrants.
7. As the Review and Implementation Commission, in terms of Clause (6), completes a project assigned to it for drafting, as mentioned in Article 134, it shall submit for the Oversight Committee's review the draft Constitutional amendment or draft bill, accompanied by the report mentioned in Article 134 (7)(b).
8. The Oversight Committee shall:
   1. Internally review a draft Constitutional amendment or draft bill and the accompanying report, received in terms of Clause (7);
   2. Inform the public of the proposal and the report;
   3. So far as possible, ensure that adequate opportunity exists for public debate;
   4. Consult with members of the public and other members of the Federal Parliament of the Federal Republic of Somalia; and
   5. Subsidiary unit government
      Engage Federal Member State legislatures and incorporate harmonized submissions into the proposed amendment, where the matter concerns Federal Member State interests.
9. If after the consultations mentioned in Clause (8) the Oversight Committee decides to incorporate various suggestions into the proposed Constitutional amendment or bill, it shall return the proposed Constitutional amendment or bill and report to the Review and Implementation Commission for redrafting, with instructions.
10. If after the consultations mentioned in Clause (8) the Oversight Committee decides to submit the proposed Constitutional amendment or bill for enactment, it shall forward the proposed Constitutional amendment or bill to the Speaker of the House of the People, together with its accompanying report, for further proceedings in terms of this Constitution.
11. The Oversight Committee shall report not less than once each quarter year to both Houses of the Federal Parliament the progress in completing the projects mentioned in Schedules One (C) and One (D) and as required pursuant to the outcomes of the National Constituent Assembly as stipulated in the Protocol Establishing the National Constituent Assembly.
12. The Oversight Committee ceases to exist upon the approval of its dissolution by a simple majority (50% plus 1) of each House of the Federal Parliament of the Federal Republic of Somalia.

Article 134. Provisions Applicable to an Amendment to the Constitution Proposed Before the Expiry of the First Term of the Federal Parliament: The Review and Implementation Commission

1. This Constitution establishes the Review and Implementation Commission as a Commission subject to the overall direction of the Oversight Committee in accordance with Article 133.
2. At the beginning of the first term of the Federal Parliament of the Federal Republic of Somalia, the relevant Minister shall nominate to the Prime Minister five members of the Review and Implementation Commission whom the relevant Minister selects from short lists prepared by the Council of Ministers. In addition, existing Federal Member States should nominate one additional delegate to the Review and Implementation Commission, based on the same selection criteria.
3. The relevant Minister shall select as a nominee a person, not a member of the Federal Parliament, who meets the following criteria for appointment to the Review and Implementation Commission:
   1. Has a good moral character and reputation;
   2. Possesses a degree from a recognized university;
   3. Has demonstrated competence at high levels of public administration or law in Somalia;
   4. Has knowledge and experience of at least ten years in matters relating to one or more of the following fields:
      1. Law;
      2. Public administration;
      3. Economics;
      4. Gender;
      5. Human rights.
   5. Has had a distinguished career in the nominee's respective field; and
   6. Has extensive legislative drafting experience.
4. The Prime Minister shall place the names of the nominees before each House of the Federal Parliament of the Federal Republic of Somalia within 15 days after the Cabinet is formed, which shall, within fourteen (14) days, approve all or reject one or more of the nominees.
5. If either House rejects a nominee, the relevant Minister shall in terms of Clause (3) nominate a replacement, and thereafter follow the procedure prescribed in Clauses (4) through (6).
6. After the Federal Parliament of the Federal Republic of Somalia has selected five (5) nominees in terms of Clauses (4) and (5), the Prime Minister shall designate one of the nominees as Chairperson, and forward the nominees' names to the President, who shall forthwith appoint the Prime Minister's designee as Chairperson, and the other two nominees as members of the Review and Implementation Commission.
7. The Review and Implementation Commission shall:
   1. As the Oversight Committee may direct, draft a proposed constitutional amendment in terms of Schedule One (C), or a proposed bill as mentioned in Schedule One (D), or as otherwise required pursuant to the outcomes of the National Constituent Assembly;
   2. Prepare a research report to accompany that proposed amendment or bill, which report, in terms of evidence, both justifies the proposed amendment or bill and predicts the probability that the proposed amendment or bill will induce its prescribed behaviors, and that those behaviors will ameliorate the social problem at which the proposed amendment or bill aims;
   3. Accomplish the necessary legal and factual research required to fulfil the tasks mentioned in Paragraphs (a) and (b);
   4. In terms of Article 137 (7), submit the completed proposed amendment or draft bill accompanied by the report mentioned in Paragraph (b) to the Oversight Committee;
   5. Report every three (3) months to the Oversight Committee, or upon request by the Oversight Committee, on progress in the review and implementation of this Constitution and any impediments to the review and implementation process;
   6. Work with the Chief Justice of the Constitutional Court to ensure the constitutionality of the proposals; and
   7. Subject to budgetary limitations, employ staff sufficient to accomplish its duties under this Constitution.

Article 135. Mandates and Prescribed Timelines for Priority Institutions and Independent Commissions the Federal Parliament Shall Establish

1. Unless otherwise stated in this constitution, the Federal Parliament of the Federal Republic of Somalia shall appoint no more than nine (9) members to serve on Independent Commissions.
2. The Federal Parliament shall establish the following institutions and Independent Commissions within the following time frames applicable after the Council of Ministers is formed:
   1. The Judicial Service Commission - 30 days;
   2. Constitutional Court - 60 days;
   3. The Human Rights Commission, Ombudsman, the National Security Commission and the Civilian Oversight Sub-Committee - 45 days;
   4. The Parliamentary Service Commission - 15 days;
   5. The National Independent Electoral Commission and the Boundaries and Federation Commission - 60 days;
   6. The Interstate Commission - 1 year;
   7. The Truth and Reconciliation Commission - 30 days.
3. In order to facilitate the work of the Federal Parliament in accomplishing these tasks, the Technical Facilitation Committee shall prepare the draft legislation required to establish such commissions under this Constitution for the Oversight Committee and the Review and Implementation Commission to finalize and submit to the Federal Parliament to consider as soon as practicable in order to meet the deadlines established in Clause (2) above.

Article 136. Adoption of a Constitutional Amendment During the First Term of the House of the People; Adoption of the Final Constitution.

1. During the first term of the Somali Federal Parliament, it shall adopt a proposed amendment to the Provisional Constitution only after approving it in a final vote in the House of the People by at least two-thirds (2/3) of the existing Members, and in a final vote in the Upper House of the Federal Parliament by at least two-thirds (2/3) of the existing members.
2. In a referendum held concerning the Provisional Constitution as amended, held before the end of the first term of the House of the People, the electorate of the Federal Republic of Somalia may adopt the new Constitution by a majority vote in favor of the final version of this Constitution.

Article 137. Review of the Constitution of the Federal Republic of Somalia After Ratification by Referendum

1. At the expiry of the first term of the Federal Parliament of Somalia, the Federal Parliament shall establish a Commission to review the implementation and operation of the Constitution of the Federal Republic of Somalia, as ratified in terms of Article 136 on adoption of the final constitution, and to consult the Federal Member States and members of the public on possible changes.
2. Within six months after its appointment, the Commission shall submit a report to the Federal Parliament, the Federal Member States and the public.
3. After collection and consideration of the views of the Federal Member States, the public, and monitoring and evaluating the implementation and application of the final constitution and not less than six (6) months before the expiry of the second term of the Somali Federal Parliament, the Commission, in consultation with the Chief Justice of the Constitutional Court to ensure that the letter and spirit of the Constitution is respected, shall revise its report and submit to the Federal Parliament its proposals, if any, for amending the Constitution in terms of Article 132.
4. If the Federal Parliament approves one or more proposed amendments in terms of Article 132, the Federal Parliament shall follow the procedures set forth in Article 132 on the proposed revised Constitution of the Federal Republic of Somalia as amended.
5. If a majority of those voting in the referendum mentioned in Clause (4) vote to approve the final Constitution as amended, that Constitution becomes the Constitution of the Federal Republic of Somalia.

Article 138. Coming Into Effect of this Constitution

1. This Constitution comes into effect on the first day after approval by a National Constituent Assembly convened in terms of the Roadmap Agreement, the Garowe 1 and Garowe II Principles, the Galkayo and the Addis Ababa Agreements, the Presidential Decree and the relevant Protocols.
2. The effect of provisions and Articles related to the Upper House of the Federal Parliament wherever cited in this Constitution, shall be postponed until such time when all Federal Member States are formed and their representatives sworn into office as members of the Upper House of the Federal Parliament. Pending the establishment of the Upper House of the Federal Parliament, the House of the People shall perform all duties and functions provided for the Upper House in this Constitution and function as a unicameral federal legislature, faithfully taking into account the founding principle of power sharing in a federal system as stipulated in Article 3 (3) of this Constitution and the interests of Somalia’s regions when taking its decisions

Article 139. Continuation of the Laws

Article 140. International Obligations

Article 141. Referendums

1. Secret ballot
   Whether required by this Constitution, by law, or for another reason, in conducting a referendum, including the referendum to validate this Provisional Constitution, in conducting a referendum the authority conducting that referendum shall ensure that all eligible voters have opportunity to express their views in a free, direct and secret manner and in accordance with a law that the Federal Parliament shall enact establishing the procedures for referendums.
2. The authority conducting a referendum shall ensure that:
   1. The referendum asks a question clearly, in a manner designed to elicit the genuine view of the voter and does not obscure the nature of the choice that the voter faces; and
   2. That neither a question, the design of the ballot paper nor the procedure suggests a particular answer to the question.

Article 142. Existing Federal Member States in Somalia

1. Until such time that all the Federal Member States of Somalia are established and the adopted Federal Member State Constitutions are harmonized with the Somali Federal Constitution, the Federal Member States existing prior to the provisional adoption of this Provisional Constitution by a National Constituent Assembly shall retain and exercise powers endowed by their own State Constitution.
2. Existing Federal Member States must be consulted in the decision-making process regarding the federal system, and security arrangements.

Article 143. Repeal of the Transitional Federal Charter