Date Printed: 01/15/2009 JTS Box Number: IFES 30 Tab Number: 1 Document Title: CONSTITUTIONS OF THE COUNTRIES OF THE WORLD: SOMALI DEMOCRATIC REPUBLIC Document Date: 1981 Document Country: SOM Documen t Language: ENG IFES 10: CON00170 44-II~ I~ 433I~II ~II ~/SOM /lq<il JOOI /0-'j . " SOMALIA . • CONSTITUTIONS OF THE COUNTRIES OF THE WORLD Editors ALBERT P. BLAUSTEIN & GISBERT 1-1. FLANZ SOMALI DEMOCRATIC • REPUBLIC by MARTIN R. GANZGLASS Issued November 1981 • Oceana Publications. Inc. Dobbs Ferry. New York 5 0 MAL I D E Moe RAT I C REP U B LIe The Somali Democratic Republic (Somalia) is a "union" of two former colonies. The Northern Region CONTENTS comprises the former British territory known as the Somali land Protectorate. The Southern Region com­ • prises the former Italian Sornaliland which, after World War II, became a United Nations Trust Terri­ tory. CONSTITUTIONAL CHRONOLOGY Till': CONSTITUTION 1889 Following treaties with local Sultans, Britain proclaimed the Sornaliland ,INNOT,I'I'FIl BIBLIOGRAPHY Protectorate over the Northern Regions of Hargeisa and Burao. This became ~<the Northern Region of what is now Somalla. The Protectorate also included the Baud which became part of Ethiopia in 1955. The Protectorate, located at the southern end of the Red Sea, was on the direct route from England to India via the Suez Canal. 1894 Tripartite Accord was reached by Great' Britain, Italy and Ethiopia over other Somali territories. Italian control was established over an area on the Indian Ocean to a point south of Mogadishu. • This became Italian Somaliland and the Southern Regions of what is now Somalia. Mogadishu is now the capital of Somalia. The Accord also recognized Emperor Menelik's claim to the Somali-populated territory of Ogaden. 1900- Sayid Muhammad Abdille Hassan. a Somali 1920 national hero who was labeled the "Mad Mullah" by the Eritish, waged a twcnty­ year war for independence against tile British, Italians. and Ethiopians. lIis attempfs to free the country from foreign domination became known as the Dervish " Copyright 1981 by Oceana Publications. Inc. fight for freedom. l.ihrary of ('cHl~rl'" (';llalol; ('ani No.: 7('·141327 1936 Italy conquered Ethiopia and incorporated the region of Ogaden as part of Italian inklll:llioll;iI Standard Book NU11lhcr(ISBN): O-J79-004()7-4 •• Ethiopia. 1940- Italian troops briefly occupied the General Assembly on December 2. Under 1941 Somaliland Protectorate but were driven this Agreement, the Italian Trusteeship out by British forces which then seized Administration (A.F.I.S.) was to "Foster Italian Somaliland. the development of free political insti­ tutions and to promote the development 1941- Sornaliland Protectorate, Italian Somaliland of the inhabitants of the territory 1950 and Ogaden were governed together under towards independence." (Trusteeship British Military Administration. Agreement for the Territory of Somaliland under Italian Administration, Sales 1947 Somali Youth League, the first modern Somali No. 1951 A.I. New York, United Nations political party, was organized in 1951. ) , Mogadishu. This later became the ruling party under the 1961 Constitution of the 1951 Territorial Council of fifty-one members Somali Democratic Republic be!?re it was appointed by the Trust Administrator,' outlawed in 1969. was inaugurated on January 29 as the fi~st legislat~re in the Trusi·~erritory. 1948 Britain, France, the United States and the Th~s was done ~n accordance with the soviet Union, who were charged with the Trusteeship Agreement which provided disposition of the former Italian that legislative authority would be colonies, sent a Four-Power Commission exercised by the Administration, after to Mogadishu on January 6 to ascertain consultation with the Territorial Coun­ the desires and aspirations of the local cil, until such time as an elective population. The Commission found great­ legislative body was established. The est public support for the Somali Youth Council had 21 regional representatives, League program. This called for bring­ 18 representatives from political parties ing all Somali lands together under a nine from economic and cultural groups ' single government which would achieve and one each from the Arab, Italian and independence in ten years. The S.Y.L. Indian-Pakistani communities. also advocated a trusteeship under •• 1953 By Somaliland Protectorate Order-in-Council, Four-Power Administration for the ten­ year period. Britain, France and the 1953, supreme executive and legislative United States supported trusteeship powers in the British Protectorate were under Italy while the Soviet Union no longer to be vested in the Governor. favored Four-Power control. Failing An Executive Council was established to to reach agreement, the issue was re­ consult with the Governor. ferred to the United Nations. 1955 Britain ceded the Reserved Area (Ogaden) and Haud to Ethiopia. 1949 United Nations General Assembly, on November 21, decided to entrust the former Italian Somaliland to Italian By Somaliland Protectorate Order-in-Council, Administration under U.N. authority for 1955, a Legislative Council was estab­ a ten-year period. Britain was to re­ lished for the first time in the British tain control over the Somaliland Pro­ ?rotectorate. It consisted of the three tectorate and was to administer Ogaden. ex officio Executive Council members (United Nations General Assembly Reso­ TCh~ef Secretary, Attorney General and lution 289 B (IV).) First Secretary), not more than five official members and not more than six unofficial members appointed for three­ 1950 United Nations Trusteeship Agreement on Italian Somaliland was approved by the year terms. Without the recommendation •• or consent of the Governor, however, 2 3 In the British Somaliland Protectorate the Council had no power to pllt any law the membership of the Legislative C~un­ into effect. cil was first enlarged to include thir­ teen elected members as well as addi­ 1956 The Territorial Council in the Trust Terri­ tional appointed members. Somaliland tory of Somalia was transformed by (Cons~itution) Order-in-Council, 1959. Ordil1ances Nos. 1 and 2 of January 5th Elect~ons were held in March. By into a Legislative Assembly. The first Somal1land (Constitution No.2) Order­ elections for this He ....' Assembly took • • in-Co~ncil, 1959, a new Legislative place on February 20. The body had 72 Counc1l was established. This was to seats, of ~!licll 60 were allocated to consist of 33 elected members and tllree Somalia and tile others to elected repre­ ~ officio members, with a speaker sentati_ves of ethnic minorities. In­ nom1nated by the Governor as presiding auguration was on ~pril 20. officer. Elections were scheduled for February J, 1960. The LagislJt:~e hsscmllly was given full powers in domestic affairs, subject to 1960 In the Trust Territory, Law No'. 6 6"f the absolute 'J,~to of tile Administrator. January 8 gave the Legislative Assembly In the beginning, ';!le Administrator's the powers of a Constituent Assembly to prjor autl~orization was requir.ed for the prepare a constitution for Somalia. A submissioll of legislation. The l.ogi51a­ Dr~fting Political Committee was appointed tive Assembly could also delegate to wh1ch.met from March 29 to May 9. The the Administration tile power to issue Const1tuent Assembly met in 42 sessions decrees limitf:d in time which had the beginning on May 16 and approved the force of la\~·. Constitution on June 21. B~' Ordinance No. 5 of February 2, the Law The Somaliland Protectorate declared its on tllO Organization o~ the Judiciary independence from Great Britain on was put into .;:ffect. This \o/a5 designed June 26. The Trust Territory of Somalia to separate the judicial and executive • • became independent on July 1. functions of government. Meeting in joint session at Mogadishu on Under Law No. 1 of May 7, the first Somali July 1, the legislatures of the two Government was established. This con­ newly independent states proclaimed the sisted of a Prim~ Minister and five establishment of the Somali Republic. other ministers, all appointed by the Administration. It was responsible to 1961 Act of Union, Law No.5 of January 31, was the Administration, rather than the enacte~ ~y the combined National Assembly, Legislative ASsembly. formal1z1ng the union of the Trust Terri­ tory and the Protectorate. 1959 Trust Territory developments included the formation of the second Somali Govern­ The Constitution was approved by a popular ment, consisting of the Prime Hinister referendum on June 20. It was a demo­ and nine ministers. Following the cratic, western-style Constitution introduction of universal adult fran­ modelled basically on the Italian Con­ chise for election3 to the Legislative stitution. Assembly, a new Assembly was inaugurated on Hay 26. And by Decree No. 140 of 1960- Period of legal development: With the September 6, a Political Committee was 1969 Northern Regions following English law cllosen to make preliminary studies for a Somali Constitution. • • 5 4 ana the Southern Regions tollow1ng Italian law, the National Assembly sought to integrate the two systems. STRONGLY; decid~J to consoliu~te to preserve Uniform laws were passed in several fields. the independence of the Somali nation for the exclu­ sive welfare and interest of the Somali people and 1969 Bloodless military coup d'etat on October 21 put the go~ern­ to create a society founded with the principle of ment under the contror-of a 24-man Hilita:y CounCil. popular sovereignty, equality and justice and the The Somali Democratic Republic was proclaimed and the right of the Somali citizens, without distinctions, constitution was suspended. for better social life; The new ruling National Revolutionary Council then issued a DECLARATION seven-point policy communique based on the statem~nt • • that "the Revolution had been motivated by the :e1gn The Supreme Revolutionary Council has assumed of anarchy prevailing in the country, and ~he ~iole­ the legislative, judiciary and executive power of the tion of all State laws including the Constitution.