Somaliland Constitution Presenter Said M Jama Aid Coordination Expert Ministry of National Planning and Development.

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Presentation transcript:

Somaliland Constitution Presenter Said M Jama Aid Coordination Expert Ministry of National Planning and Development

Article 10: Foreign Relations 1.The Republic of Somaliland shall observe all treaties[27] and agreements entered into by the former state of Somalia with foreign countries or corporations provided that these do not conflict with the interests and concerns of the Republic of Somaliland.[

Article 10: Foreign Relations 2. The Republic of Somaliland recognises and shall act in conformity with the United Nations Charter and with international law, and shall respect the Universal Declaration of Human Rights

Article 10: Foreign Relations 3. The Republic of Somaliland accepts the principles of the self-determination of the nations of the world. 4. It accepts that political disputes which arise shall be settled through dialogue and peaceful means, and shall respect the territorial integrity of other countries.

Article 10: Foreign Relations 5. It shall endeavour to replace the long-standing hostility between the countries in the Horn of Africa with better understanding and closer relations. 6. The state of the Republic of Somaliland is an independent republic which has its place among the Arab nations, and the peoples of Africa and the Islamic World, and shall accordingly endeavour to join the United Nations, the Organisation of African Unity, the Arab League and Organisation of Islamic States.

Article 10: Foreign Relations 7. The state of the Republic of Somaliland shall oppose terrorism (and similar acts), regardless of the motives for such acts.

Article 21:Implementation and Interpretation 1. The legislative, executive and judicial branches of the state and the local government of the regions and the districts of the Republic of Somaliland, of all levels, shall be bound by the provisions of this Part. 2. The articles which relate to fundamental rights and freedoms[43] shall be interpreted in a manner consistent with the international conventions on human rights[44] and also with the international laws referred[45] to in this Constitution.

Article 128:The Basis and the Supremacy of the Constitution 1. The Constitution shall be based on Islamic principles. 2. The Constitution shall be the supreme law of the land, and any law which does not conform to it shall be null and void

Article 130:The Implementation of the Constitution 1. This Constitution shall come into force when a referendum[215] has been held and the outcome of the referendum is known. It shall, however, be implemented, in the interim, for a period of three years[216] (3) beginning from the date when it is approved by the 3rd Conference of the Somaliland Communities. 2. If the referendum can not be held within the set period, the interim period in which the Constitution is implemented may be increased by the Parliament[217] (the Representatives and the Elders).

Article 130:The Implementation of the Constitution 3. In the event of one of the circumstances listed in Article 50[218] happening to a member of the House of Elders or the House of Representatives, the community which he represented shall fill that vacancy until such time the system of elections through parties is adopted.

Article 130:The Implementation of the Constitution 4. In the event of the circumstances listed in Article 86 happening to the President or the Vice-President or both until such time a party system with direct elections is adopted[219], the two Houses (Representatives and Elders) shall elect jointly, within 45 days, the President or the Vice-President or both. The Speaker of the House of Elders shall fill the vacant office during the period preceding such election.

Article 130:The Implementation of the Constitution 5. All the laws which were current and which did not conflict with the Islamic Sharia, individual rights and fundamental freedoms shall remain in force in the country of the Republic of Somaliland until the promulgation of laws which are in accord with the Constitution of theRepublic of Somaliland.[220] At the same time, laws which conform to the Constitution shall be prepared, and each such law shall be presented within minimum time scales set by the House.

Article 130:The Implementation of the Constitution 6. If the regions and districts fail to set up their councils within 3 (three) months, the Government, in consultation with the relevant members of the Houses of Representatives and Elders who represent these regions or districts and also with the elders in these communities, shall appoint, on a temporary basis, regional and district administrators.

The Somalia Degree Implementing the 1946 Convention on Privileges and Immunity of the UN

The Presidential Degree JSL/M/WM/ /01/2011 The Presidential Degree regarding the Construction Project by the Government or

The Presidential Degree JSL/M/WM/ /01/ The MoPW should consulted for any construction project by the Government in order to find whether the Ministry can execute it or not 2. The MoPW shall carry out any construction project by the Government, if the Ministry has the capacity to do it

The Presidential Degree JSL/M/WM/ /01/ If the MoPW does not have the capacity of implementing a construction project or the project is an aid of which the donor prefers to sub-contract to private construction companies, the Engineers of the MoPW should be involved in the following ways: a) To approve the construction project or make blue print of the construction ( which ever is agreed by the parties)

The Presidential Degree JSL/M/WM/ /01/2011 b. To price the construction project, and take part in all sub-contracting arrangements c. To supervise, monitor and evaluate the construction project, ensure its quality on the basis of ‘’ Construction Codes and Standards’’

The Presidential Degree JSL/M/WM/ /01/2011 d. To assess the stages of the construction in relation to payment instalments, e. To provide the Certificate of Completion; f. To get hold of the original copy of the construction document- at the completion of the construction-in order to file it and enter the details of the building into the Register General of Long-Term Assets.