WE DO NOT ENDORSE THIS SITES IT IS THEIR OWN OPINIONS AND THEIR OWN VIEWS. NOT THE SOMALI GOVERNMENT |
RALLY AGAINST EXILE
GOVERNMENT
GOVERNMENT
The swearing of the
president By the Arte
Parliament and the
Reaffirmation of the
Popular vote of June
5th,2003 click here for
more
president By the Arte
Parliament and the
Reaffirmation of the
Popular vote of June
5th,2003 click here for
more
International peace
day Rally in
Mogadishu, Somalia
organized by new
SYL
day Rally in
Mogadishu, Somalia
organized by new
SYL
H.E. ABDINUR A. DARMAN
xaafladii 5June inta
kaa fiirso click here
for the pictures of
the 5th of June
celebration
kaa fiirso click here
for the pictures of
the 5th of June
celebration
DAALKA WAA DHIISEYNA
CHARTER OF THE SOMALI REPUBLIC adopted by the National Reconstruction Conference on 5th June 2003, Mogadisho CHARTER OF THE SOMALI REPUBLIC PREAMBLE We, the people of Somalia declare that Our Creator has given us certain natural rights, and that among them are life, liberty, and the pursuit of happiness, and that the authority of this our Government shall spring from those rights. Weary of war, and committed to insuring lasting peace and prosperity we, the people of Somalia, ordain and establish this Charter of Somali Government, pledging our lives, our fortunes, and our sacred honor, that by adhering to it’s articles we shall obtain for ourselves: An independent and unified Somali Nation; A federal republic. A system of laws, providing liberty, equality and justice; Lasting enjoyment of our Alah given fundamental and civil rights; Insure the defense, security and stability of our Country; A return of the Somali Diaspora, care for the displaced within, and provision for the welfare of our People and the reconstruction of our Country; A free and democratic government with free and fair elections on the principle of “one person one vote;” and Peace and cooperation with other peoples of the world. ARTICLE I (THE REPUBLIC) It is hereby established that: 1. This Government is instituted of the people, and shall be by the people, and for the people; 2. It shall be independent, democratic, based on work, justice, peace and progress, and respect for the dignity and honor of the individual; 3. Sovereignty belongs to the people, who shall exercise it directly or by institutions of this Government, and no one or group of people can claim or usurp it; 4. The flag and the emblem of the Republic shall be those established under the Constitution of 1 July, 1960; 5. The National Anthem is “Soomaaliyey Toosoo;” 6. The Capital of the Republic is Mogadishu, “Hamar.” ARTICLE II (THE PEOPLE, RELIGION, AND LANGUAGE) 1. The Somali people are one and can not be divided; 2. The Somali citizenship is singular, cannot be denied or deprived on the basis of political motivation, and the Law shall determine the manner of acquiring or losing it; 3. Allah is the One True God, there is no other, and the Founder of our Nation 4. The official languages of the Nation are Somali, Arabic and English. ARTICLE III (THE SOVEREIGN TERRITORY) 1. The lands of Somalia are inviolable and indivisible; 2. Somali territorial sovereignty extends to the land, islands, sea, water column, seabed, subsoil, continental shelf, and airspace. ARTICLE IV (SUPREMACY OF THE LAW) 1. This Charter is the Supreme Law of the Land; 2. The law is above all and every citizen shall aide by it; 3. The organization of the Government, and the relationship between the Government, institutions and individuals shall be determined by this Charter and such statutes as may implement it; 4. Generally recognized principles of international law, and international agreements to which the Republic is party and which have been implemented in conformity with the Law, shall be deemed valid. ARTICLE V (HUMAN RIGHTS) 1. The Universal Declaration of Human Rights of the United Nations adopted on 10 December, 1948, the Covenant on Civil and Political Rights of the United Nations, adopted on 10 December, 1984, and other international agreements which protect the economic, social and cultural rights of individuals are recognized and adopted; 2. The right to live, and travel freely, in any part of the Country shall not be denied, and neither shall the right to leave and return to the Country as allowed under the Law, and no person shall be deported without due process of Law. ARTICLE VI (PROPERTY RIGHTS) 1. Private ownership of property is guaranteed and the Law shall specify the essence and limits of such; 2. The right to have and own artistic or scientific invention is protected and the Law shall specify the essence and limits to such. ARTICLE VII (INDIVIDUAL RIGHTS) 1. The Law shall safeguard the fundamental rights and freedoms of each person; 2. All citizens shall have equal standing, rights, and duties under the Law, and no person shall be deprived of any right, standing, or duty there under because of age, race, sex, religion, culture, clan, political opinion, social or economic status, national origin, language, or failure to pay any tax; 3. No person shall be deprived of his life, liberty or property without due process of Law; 4. The circumcision of female genitalia is forbidden except as performed by a recognized Board certified physician for a legitimate medical requirement; 5. No person shall be arrested or have his freedom restricted, except as provided under the Law, and the principle of Habeas Corpus is adopted; 6. Any person deprived of personal freedom shall be entitled to be informed immediately of the basis under the Law for such deprivation; 7. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized; 8. No person shall be subjected to physical or mental torture, nor cruel or unusual punishment; 9. Capital punishment shall be imposed for the commission of crimes prescribed by Law; 10. No person shall be held to answer for a capital, or otherwise felonious, crime unless on a presentment or indictment of a grand jury, except in cases arising in the Armed Forces or in any authorized militia, when in actual service in time of war or public danger; 11. No person shall be subject for the same offense to be twice put in jeopardy of life or limb; 12. No person shall be compelled in any criminal case to be a witness against himself or herself; 13. No private property shall be taken for public use without just and timely compensation, and no form of private ownership which shall have been confiscated by the Government shall be retained any longer than when it’s purpose is no longer valid, and shall then be returned to it’s original owner; 14. As shall be provided in the Law, all public and private property controlled by those other than rightful owners shall be transferred to competent institutions of the Government or to the rightful owner of same, and there shall be statutory penalties for non-compliance; 15. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the Region and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense; 16. Any person accused of a criminal act shall be presumed innocent until proven guilty in a court of competent jurisdiction; 17. In suits at common law the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of Somalia, than according to the rules of the common law; 18. Excessive bail shall not be required, nor excessive fines imposed; 19. Extradition treaties between the Government and other governments shall be observed, however the Government may provide political asylum to any person who flees another country for reasons of political persecution or for the personal security of his relatives; 20. There shall be freedom to accumulate, articulate, print or disseminate information, and such shall be unabridged except as may, in times of national emergency, be proscribed by Law under the principles of this Charter. 21. No right to organize or participate in political parties or activities shall be abridged, and neither shall prior authorization for such be a requirement, however no political activity which is secret, has military character or desires to assume power within the Republic through warfare or tribal domination shall be allowed; 22. No right to organize and participate in trade unions, vocational or social organizations without prior authorization shall be abridged, however no organization or activity of such which is secret, has military or paramilitary characteristics or is organized in tribal form shall be allowed; 23. Every citizen shall have responsibility for the defense of the Country, for the protection and extension of national unity, and for the preservation of matters of national security; 24. Every person shall have the responsibility for the payment of any Government taxes properly levied in accordance with the Law. ARTICLE VIII (THE ECONOMY) 1. The economic policy of the Nation shall be based upon the free-market; 2. The natural resources of Somalia, including land and water and all wild animals, shall be considered the property of the Nation and the Law shall proscribe the proper use thereof; 3. The Government shall welcome and protect foreign investment in the economy of the Nation. ARTICLE IX (EDUCATION) 1. The Republic shall give priority to free public education for every person, and shall not abridge the promotion, expansion and dissemination thereof; 2. There shall be established a national, culturally based system of public education; 3. Private schools and institutes may be established under the Law, and shall be consistent with public education programs; 4. The Government shall encourage scientific, artistic, literary, research, history, and sports education and shall promote the positive culture and tradition of the Somali people. ARTICLE X (PUBLIC WELFARE AND THE ENVIRONMENT) 1. The Government shall institute public health programs, including those for healthy mothers and children and the prevention and spread of disease; 2. The Government shall provide proper care for the orphans, displaced, or disabled persons, veterans or victims of the struggle for independence and freedom of the Country; 3. The Government shall establish a welfare program for the disabled, the orphaned, and the elderly who have no means of support. 4. Forced labor is prohibited, except in those cases of national emergency or criminal conviction as provided under the Law; 5. Workers shall be paid a wage commensurate with their labor, be entitled to one day per week as rest, and annual leave with pay, none of which shall be waived; 6. The Government shall provide employees of the Government with pensions, and shall provide in the Law for the establishment of private pensions; 7. The Government shall enact special Laws for the protection of the environment and shall prevent the wanton destruction thereof. ARTICLE XI (ORIGINS OF THE GOVERNMENT) 1. In order to establish a permanent Government, there was first instituted a National Reconstruction Conference of the people; 2. The purpose of the Conference was to create the steps leading to, and the election of certain persons to serve in the Government of a united Somalia; 3. The first meeting of the Conference was convened the 5TH day of June, 2003; 4. After three weeks of preparatory consultations with the many societal groups of Somalia, the National Reconstruction Conference was held in Ifka Halane, Mogadishu; 5. The Conference was first constituted of 462 delegates, all members in good standing of the United Somali Republic Party National Committee or approved thereby in the interest of national unity, selected in accordance with Rules No. 1 and 27 of the United Somali Republic Party. The delegates were representative as follows: Four (4) At-Large delegates from each of the 18 separate Somali Regions (a total of 72 such delegates);Ten (10) delegates from the Capital City of (a total of 10 such delegates); Five (5) delegates from each of the 18 separate Somali Regions and five (5) delegates from Mogadishu, all women, selected from among the respective women’s organizations of each separate Somali Region and Mogadishu (a total of 95 such delegates); organizations of each separate Somali Region and Mogadishu (a total of 95 such delegates); women, selected from among the respective women’s delegates); organizations of each separate Somali Region and Mogadishu (a total of 95 such delegates); Five (5) delegates from each of the 18 separate Somali Regions and five (5) delegates from Mogadishu, all business people, selected from among the business associations of the respective Somali Regions and Mogadishu (a total of 95 such delegates); Five (5) delegates from each of the 18 separate Somali Regions and five (5) delegates from Mogadishu, all members of the religious leadership, selected from among the religious leadership of the respective Somali Regions and Mogadishu (a total of 95 such delegates); Five (5) delegates from each of the 18 separate Somali Regions and five (5) delegates from Mogadishu, all members of the intellectual community, selected from among the intellectual communities of the respective Somali Regions and Mogadishu (a total of 95 such delegates); 6. No quorum was made up of less than a majority of the delegates named; 7. The Chairman of the National Reconstruction Conference were chosen from among the delegates, and; 8. The work of the first meeting of the National Reconstruction Conference expressly included completion of: (a) A “Declaration of National Purpose” stating that the people of Somalia desire the formation of a constitutional government guaranteeing individual freedoms and the creation of a democratic central Government to insure those freedoms, and; (b) A “Declaration of Peace and Cooperation” among all the people of Somalia to work toward the establishment of a permanent federal Government; (c) The recommendation of this Charter, which shall serve as the framework for the Government in Transition, for all Somali laws, and for the protection of individual Somali rights and freedoms, and; (d) The election of one of its delegates to be President of a new Government; 9. A great outpouring of public support occurred and the Conference voted to open its work to the 10,000 or so Somalis who attended every session. 10. Having accomplished their objectives, the Conference agreed to adjourn sine die, subject to provisions of this proposed Charter. ARTICLE XII (THE EXECUTIVE BRANCH OF GOVERNMENT) 1. The National Reconstruction Conference has chosen Abdinur Ahmed Darman as President of the Somali Republic. Executive authority of the Government shall reside in such President who shall preside over the affairs of the Executive Branch of Government and shall be Head of State of the Government, who shall work in harmony with the other functions of the Government as may be authorized under this Charter, and who shall, prior to assuming office, take the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Somalia Republic, and will to the best of my ability, preserve, protect and defend the Charter of Somalia”; 2. Such Executive Branch shall have it’s official location in Mogadishu, the Capital City; 3. The President shall hold office until such time as the powers of the Government shall be ceded to the next elected Government of Somalia, as provided herein; 4. The President, in such manner as he deems appropriate, shall be responsible for establishing the programs, public administration, and executive functions of the Government. 5. Subject confirmation by majority vote of the National Congress (provided herein), the President shall name no fewer such officials than are necessary to conduct the affairs of State of the Federal Government as are herein authorized; 6. Officials required under section 5. above shall be as many as the President may deem appropriate, except that there shall be a Foreign Secretary, a Defense Secretary, a Secretary of Interior Affairs, a Secretary of Natural Resources, and an Attorney General; 7. Such officials as authorized in section 6. above, once confirmed by the National Congress, shall serve until such time as the President requests their resignation, if he should do so; 8. All actions, agreements, treaties, pacts, conventions and all other forms of executive action and diplomatic and/or commercial intercourse as established by the President, as Head of the Executive Branch of the Government and in accordance with the provisions of this Charter, shall be binding and shall likewise cede to and bind all elected successor Governments; 9. The President shall, at stated times, receive for services rendered, a compensation, which shall neither be increased nor diminished during the period of his service, and he shall not receive within that period any other emolument from Somalia; 10. The President shall have authority to consider issues and take such actions as are consistent with duties as may be proscribed or not otherwise prohibited by this Charter, for the conduct of all issues of Somali sovereignty and public administration as provided in this Charter, and: a) Shall be Commander in chief of the Armed Forces of Somalia and the militia of the several Regions, when authorized under this Charter and called into the actual service of Somalia; b) May require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardon for offenses against Somalia, except in cases of impeachment; c) Shall have power, with consent of a majority vote of the National Congress, to make treaties and appoint judges of the Supreme Court; d) Shall have authority to appoint ambassadors, other public ministers and consuls, and all other officers of Somalia, whose appointments are not herein otherwise provide for, and which shall be established by law; e) Shall from time to time give to the National Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; f) Shall have authority to validate or invalidate contracts which shall have been entered into by persons representing themselves as officials of the Government of Somalia, and is specifically authorized to cause the implementation of contracts in such matters as he shall deem appropriate for the public welfare of the Somali Republic; g) May convene the National Congress; h) Shall receive ambassadors and other public ministers; i) Shall take care that the laws are faithfully executed, and; j) Shall commission all the officers of Somalia. 8. Pursuant to provisions of Article XII, Section 6. above, the President shall appoint an Attorney General of the Government, and such district or regional attorneys general as may be appropriate to fulfill the functions of that office; 9. The Attorney General shall: Review compliance with the Charter and the Law; Initiate criminal charges and proceedings; Supervise prisons and prison alternative institutions; Carry out other such responsibilities as may be required by Law; 10. Pursuant to provisions of sub-article 6. above, the President shall also, specifically, appoint a Secretary of Interior Affairs, who shall: Be responsible for the fair and equitable enforcement of all statutory laws; Be responsible for the maintenance of peace and tranquility, and; Be responsible for the proper training and equipment of such police and other personnel as are required to accomplish his or her duties; 11. The President shall, as soon as practicable following the adoption of this Charter, conduct a national census, from which an electoral system, including elector registration, elections and other functions of democracy, can be implemented; 12. The President shall take such actions as may be required to conduct national elections as are mandated by this Charter. 13. The President is authorized to expend such moneys and make such other fiscal provisions as shall be required to carry out the functions of his office as provided by this Charter, and as are provided by revenue and appropriation bills which shall be passed by the National Congress in its legislative capacity. 14. The National Reconstruction Conference authorized a Council of Vice Presidents of the Executive Branch of Government made up of three Somalis of superlative character and who choose among themselves who shall become Head of State of the Government should the President be deceased, who shall be President of the National Congress, all of whom shall work in harmony with the other functions of the Government as may be authorized under this Charter, and who shall each, prior to assuming office, take the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the office of Vice President of the Somalia Republic, and will to the best of my ability, preserve, protect and defend the Charter of Somalia”; ARTICLE XIII (THE LEGISLATIVE BRANCH OF THE GOVERNMENT) 1. All legislative powers herein granted shall be vested in the National Congress which shall be bicameral and shall be constituted of no more than 160 Somali citizens of good report; 2. There shall be a Council of Elders constituted of 90 Somalis who shall be recognized as national leaders and chosen in traditional Somali manner and who shall be elected for life but whose office shall not be subject to inheritance; 3. There shall be a National Assembly which shall be made up of 123 Somalis, and who shall serve 3 year terms of office, but 50% of whom shall stand for reelection eighteen months from adoption hereof and thereafter for 3 year terms of office; 4. The National Congress will establish it own rules of conduct and may pass laws of general application, which shall become the General Statutes of Somalia; 5. Any citizen who has reached his or her 18th birthday, is of sound mind, and has not been found guilty of a felony offense, shall be qualified to serve as a member of the National Congress; 6. Prior to entering on the execution of his office, each member shall take the following oath or affirmation: “I do most solemnly swear (or affirm) that I will faithfully execute the office of Member of the National Congress of the Somalia Republic, and will to the best of my ability, preserve, protect and defend the Charter of Somalia.” 7. When vacancies occur in the National Congress, such vacancies shall be filled in the same manner as the vacating member was originally selected; 8. The National Congress shall choose its leadership except that One Vice President of the Somali Republic shall be elected from among the three Vice Presidents of the Republic and shall be the Chairman of the National Congress; 9. The National Congress shall have the sole power of bringing articles of, and trying the, impeachment of it’s members, after first taking an oath or affirmation; 10. Judgment, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit in Somalia, but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to Law; 11. The National Congress shall agree upon it’s own rules of procedure, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and be authorized to compel the attendance of absent members, in such manner and under such penalties as the Conference may provide; 12. The National Congress shall assemble at the call of the Chairman, upon the vote of 2/3 of it’s membership, or as otherwise provided in this Charter; 13. The National Congress shall keep a journal of it’s proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of any question shall, at the desire of one-fifth of those present, be entered on the journal; 14. The National Congress shall meet for conduct of its business in the Capital city of Mogadishu; 15. Members shall be entitled to receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of Somalia 16. Members shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at sessions of the Conference, and in going to and returning from the same and for any speech or debate in the Conference, they shall not be questioned in any other place; 17. No Member, during the time of service in the National Congress, shall be appointed to any civil office under the authority of Somalia, which shall have been created, or the emoluments whereof shall have been increased during such time of service: and no person holding any other Federal office shall be a Member during his continuance in office, except as provided herein; 18. Every bill which shall have passed the National Congress shall be presented to the President of the National Government; if he approves he shall sign it, but if not he shall return it, with his objections to the National Congress, which shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of the Members shall agree to pass the bill, it shall become a law. In all such cases yeas and nays shall determine the votes and the names of Members voting for and against the bill shall be entered on the journal. If any bill shall not be returned by the President with ten days after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevents it’s return, in which case it shall not be a law; 19. Every non-bill order, resolution, or vote to which the concurrence of the National Congress may be necessary (except on a question of adjournment) shall be presented to the President, and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be re-passed by two-thirds of the Conference, according to the rules and limitations prescribed in the case of a bill; 20. The National Congress shall pass a Budget for the Government; 21. The National recontruction Conference shall have power to pass bills to: a) Lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of Somalia, but all duties, imposts and excises shall be uniform through Somalia; b) Borrow money on the credit of Somalia, with the consent of the President; c) Regulate commerce with foreign nations, and among the several Regions; d) Establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout Somalia; e) Establish the currency, regulate the value thereof, and of foreign currencies, and fix the standard of weights and measures; f) Provide for the punishment of counterfeiting the securities and current currency of Somalia; g) Establish post offices and post roads; h) Promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; i) Constitute tribunals inferior to the Supreme Court; j) Define and punish offenses against the law of nations; k) Declare war and make rules concerning capture; l) Raise and support, and make rules for the government and regulation of, armies and navies, but no appropriation of money to that use shall be for a longer term than two years; m) Provide for organizing, arming, governing and disciplining such militia as may, from time to time, be exclusively authorized under the rules of the Congress for establishing a bill. 22. The National Congress shall pass a bill providing for the creation of a Constitutional Convention, whose purpose shall be the adoption of a permanent Constitution which shall be the Supreme Law of the Land, and such bill shall describe the method of delegate selection and the means of ratification ; 23. There shall be a privilege of the writ of habeas corpus and it shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 24. No bill of attainder or ex post facto Law shall be passed; 25. No tax or duty shall be levied on articles exported from any Region; 26. No preference shall be given by any regulation of commerce or revenue to the ports of one Region over those of another, nor shall vessels bound to, or from, one Region, be obliged to enter, clear or pay duties in another; 27. The National Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances; 28. Unless otherwise provided in this Charter, no money shall be drawn from the Treasury, but in consequence of appropriations made by law, and a regular statement and account of receipts and expenditures of all public money shall be published from time to time; ARTICLE XIV (THE JUDICIARY BRANCH OF THE GOVERNMENT) 1. The judicial power of Somalia shall be vested in one Supreme Court, and in such inferior courts as the Conference may from time to time ordain and establish; 2. Judges of the Supreme Court and the inferior courts shall be appointed by the President and approved by affirmative majority vote of the National Congress; 3. The Supreme Court shall be composed of a Chief Justice and six other Judges; 4. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior and for a term consistent with the laws for such as passed by the National Congress; 5. Prior to entering on the execution of his office, each duly appointed Judge shall take the following oath or affirmation: “I do solemnly swear that I will faithfully execute the office of Justice of the Supreme Court of the Somalia Republic (or such inferior court as shall be named) and will to the best of my ability, preserve, protect and defend the Charter of Somalia.” 6. Judges shall, at stated times, receive compensation for their services, which shall not be diminished during their continuance in office 7. The Supreme Court shall establish a system of rules and procedures for the Court System, and shall itself be the Court of Last Appeal; 8. The judicial power shall extend to all cases, in law and equity, arising under this Charter, the laws of Somalia, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors and other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which Somalia shall be a party; to controversies between two or more Regions; between a Region and citizens of another Region; between citizens of different Regions; between citizens of the same Region claiming lands under grants of different Regions, and between a Region, or the citizens thereof, and foreign States, citizens or subjects; 9. There shall be no other federal courts in Somalia, except as authorized by this Charter, and specifically there shall be no Special Courts; 10. In all cases affecting ambassadors, other public ministers and consuls, and those in which a Region shall be party, the Supreme Court shall have original jurisdiction. In all other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the National Congress shall make. 11. The trial of all crimes, except in cases of impeachment, shall be by jury and such trial shall be held in the Region where the said crimes shall have been committed; but when not committed within any Region, the trial shall be at such place or places as the National Congress may by law have directed; 12. Treason against Somalia shall consist only in levying war against Somalia, or in adhering to Somalia’s enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court; 13. The National Congress shall have power to declare the punishment of treason; 14. The Judiciary shall interpret the Charter and the Law and shall act at all times to fulfill the fundamental rights of Somali citizens as guaranteed by this Charter and the Law; 15. All proceedings are to be conducted in public unless a Judge of competent jurisdiction rules that for moral, health, or security reasons they should be conducted otherwise; 16. No decision or sentence can be rendered unless and until all parties to the dispute have been given proper hearing; 17. The Supreme Court shall be responsible for establishing the disciplinary measures for Judges of the Court System; 18. The judicial power of the Federal Government shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the Regions by citizens of another Region or by citizens or subjects of any foreign state. ARTICLE XV (THE REGIONS) 1. Full faith and credit shall be given in each Region to the public acts, records, and judicial proceedings of every other Region, and the National Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof; 2. The citizens of each Region shall be entitled to all privileges and immunities of citizens in the several Regions; 3. All persons born or naturalized in Somalia, and subject to the jurisdiction thereof, are citizens of Somalia and of the Region wherein they reside; 4. No Region shall make or enforce any law which shall abridge the privileges or immunities of citizens of Somalia, nor shall any Region deprive any person of life, liberty, or property, without due process of law, nor deny to any person within it’s jurisdiction the equal protection of the laws; 5. No Region shall enter into any treaty, alliance, or confederation, grant letters of marque and reprisal, coin money, emit bills of credit, make any tender for repayment of debts other than allowed under this Charter, pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; 6. No Region shall, without the consent of the National Congress, levy any impost or duties on imports or exports, except what may be absolutely necessary for executing it’s inspection laws; and the net produce of all duties and imposts, levied by any Region on imports and exports shall be for the use of the Treasury of Somalia, and all such laws shall be subject to the revision and control of the National Congress; 7. No Region shall, without consent of the National Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another Region or with a foreign power, or engage in war, unless actually invaded or is in such imminent danger as will not allow delay; 8. A person charged in any Region with treason, felony, or other crime, who shall flee from justice, and be found in another Region, shall on demand of the executive authority of the Region from which he fled, be delivered up, to be removed to the Region having jurisdiction of the crime; 9. New Regions may be admitted by statute of the National Congress into this Union, but no new Regions shall be formed or erected within the jurisdiction of any other Region, nor shall any Region be formed by the junction of two or more Regions, or parts of Regions, without the consent of the legislatures of the Regions concerned as well as of the National Congress; 10. The National Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to Somalia, and nothing in this Charter shall be so construed as to prejudice any claims of Somalia, or of any particular Region; 11. Somalia shall guarantee to every Region in this Union a republican form of government, and shall protect each of them against invasion, and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence; 12. The powers not delegated to the Federal Government by the Charter, nor prohibited by it to the Regions, are reserved to the Regions respectively, or to the people. ARTICLE XVI (GENERAL PROVISIONS) 1. This Charter, and the laws of Somalia which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of Somalia, shall be the supreme law of the land; and the judges in every Region shall be bound thereby, anything in the Charter of laws of any Region to the contrary notwithstanding; 2. The right of citizens of Somalia to vote, having attained their 18th birthday, shall not be denied or abridged by the Federal Government or by any Region on account of age, race, clan, color, sex, religion, national origin, political opinion, social or economic status, language, or failure to pay any form of tax; 3. The National Government shall act immediately to enlist the assistance of other nations in the fulfillment of all goals toward national unity and governance; 4. The President, acting on behalf of the National Government, shall have authority to order the disengagement and continue to monitor the withdrawal of all confronting militias and to order and enforce a cessation of all hostilities; 5. There shall be no lines of demarcation or checkpoints other than shall have been established under provisions of this Charter and the Laws of Somalia; 6. The Government shall accomplish the provision for transition to a constitutional Government, including popular elections, within three years of the adoption of this Charter, provided however that the National Congress may extend the time for such for an additional period of no more than two years; 7. There shall be no provision for the establishment of militias, armies, navies or armaments except in such manner as shall be proscribed by Law under provisions of this Charter; 8. No one may possess, or organize for the possession of, armaments and ammunition or other explosives without authorization as provided in the Law; 9. No one may organize for or support the organization of activities intended as acts of terrorism, either domestically or foreign; 10. The President shall act immediately to begin the removal of land mines from the Country; 11. The validity of the public debt and accounts of Somalia, authorized by law, shall be confirmed by the National Congress; 12. The enumeration in the Charter, of certain rights, shall not be construed to deny or disparage others retained by the people; 13. The National Congress shall have power to enforce, by appropriate legislation, the provisions of this Charter. ARTICLE XVII (AMENDMENTS TO THE CHARTER) The National Congress, whenever two-thirds of its members deem it necessary, shall propose amendments to this Charter, which, if adopted by the National Congress, shall be considered a part thereof. ARTICLE XVIII (RATIFICATION) The adoption and ratification of this Charter by the National Transition Conference shall be effective upon the affirmative vote of 2/3 of the delegates to the Second Session of the National Reconstruction Conference. Appendix A Responding to abusive detention of persons without legal authority,public pressure on the English Parliament caused them to adopt this act,which established a critical right that was later written into the Constitution for the United States. HABEAS CORPUS ACT 1679 An act for the better securing the liberty of the subject, and for prevention of imprisonments beyond the seas. WHEREAS great delays have been used by sheriffs, gaolers and other officers, to whose custody, any of the King's subjects have been committed for criminal or supposed criminal matters, in making returns of writs of habeas corpus to them directed, by standing out an alias and pluries habeas corpus, and sometimes more, and by other shifts to avoid their yielding obedience to such writs, contrary to their duty and the known laws of the land, whereby many of the King's subjects have been and hereafter may be long detained in prison, in such cases where by law they are bailable, to their great charges and vexation. II. For the prevention whereof, and the more speedy relief of all persons imprisoned for any such criminal or supposed criminal matters; (2) be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority thereof. That whensoever any person or persons shall bring any habeas corpus directed unto any sheriff or sheriffs, gaoler, minister or other person whatsoever, for any person in his or their custody, and the said writ shall be served upon the said officer, or left at the gaol or prison with any of the under-officers, under-keepers or deputy of the said officers or keepers, that the said officer or officers, his or their under-officers, under-keepers or deputies, shall within three days after the service thereof as aforesaid (unless the commitment aforesaid were for treason or felony, plainly and specially expressed in the warrant of commitment) upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the judge or court that awarded the same, and endorsed upon the said writ, not exceeding twelve pence per mile, and upon security given by his own bond to pay the charges of carrying back the prisoner, if he shall be remanded by the court or judge to which he shall be brought according to the true intent of this present act, and that he will not make any escape by the way, make return of such writ; (3) and bring or cause to be brought the body of the party so committed or restrained, unto or before the lord chancellor, or lord keeper of the great seal of England for the time being, or the judges or barons of the said court from which the said writ shall issue, or unto and before such other person or persons before whom the said writ is made returnable, according to the command thereof; (4) and shall then likewise certify the true causes of his detainer or imprisonment, unless the commitment of the said party be in any place beyond the distance of twenty miles from the place or places where such court or person is or shall be residing; and if beyond the distance of twenty miles, and not above one hundred miles, then within the space of ten days, and if beyond the distance of one hundred miles, then within the space of twenty days, after such delivery aforesaid, and not longer. III. And to the intent that no sheriff, gaoler or other officer may pretend ignorance of the import of such writ. (2) be it enacted by the authority aforesaid, That all such writs shall be marked in this manner, Per statutum tricesimo primo Caroli secundi Regis, and shall be signed by the person that awards the same; (3) and if any person or persons shall be or stand committed or detained as aforesaid, for any crime, unless for felony or treason plainly expressed in the warrant of commitment, in the vacation-time, and out of term, it shall and may be lawful to and for the person or persons so committed or detained (other than persons convict or in execution of legal process) or any one on his or their behalf, to appeal or complain to the lord chancellor or lord keeper, or any one of his Majesty's justices, either of the one bench or of the other, or the barons of the exchequer of the degree of the coif; (4) and the said lord chancellor, lord keeper, justices or barons or any of them, upon view of the copy or copies of the warrant or warrants of commitment and detainer, or otherwise upon oath made that such copy or copies were denied to be given by such person or persons in whose custody the prisoner or prisoners is or are detained, are hereby authorized and required, upon request made in writing by such person or persons, or any on his, her, or their behalf, attested and subscribed by two witnesses who were present at the delivery of the same, to award and grant an habeas corpus under the seal of such court whereof he shall then be one of the judges, (5) to be directed to the officer or officers in whose custody the party so committed or detained shall be, returnable immediate before the said lord chancellor or lord keeper or such justice, baron or any other justice or baron of the degree of the coif of any of the said courts; (6) and upon service thereof as aforesaid, the officer or officers, his or their under- officer or under-officers, under-keeper or under-keepers, or their deputy in whose custody the party is so committed or detained, shall within the times respectively before limited, bring such prisoner or prisoners before the said lord chancellor or lord keeper, or such justices, barons or one of them, before whom the said writ is made returnable, and in case of his absence before any other of them, with the return of such writ, and the true causes of the commitment and detainer; (7) and thereupon within two days after the party shall be brought before them, the said lord chancellor or lord keeper, or such justice or baron before whom the prisoner shall be brought as aforesaid, shall discharge the said prisoner from his imprisonment, taking his or their recognizance, with one or more surety or sureties, in any sum according to their discretions, having regard to the quality of the prisoner and nature of the offense, for his or their appearance in the court of the King's bench the term following, or at the next assizes, sessions or general gaol- delivery of and for such county, city or place where the commitment was, or where the offense was committed, or in such other court where the said offense is properly cognizable, as the case shall require, and then shall certify the said writ with the return thereof, and the said recognizance or recognizances unto the said court where such appearance is to be made; (8) unless it shall appear unto the said lord chancellor or lord keeper or justice or justices, or baron or barons, that the party so committed is detained upon a legal process, order or warrant, out of some court that hath jurisdiction of criminal matters, or by some warrant signed and sealed with the hand and seal of any of the said justices or barons, or some justice or justices of the peace, for such matters or offenses for the which by the law the prisoner is not bailable. 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