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Somalia > General provisions

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Country: Somalia - Subject: General provisions

  1. Somalia - General provisions - Law, Act

    Somaliland Companies Law (Law No. 80/2018). - Legislation on-line

    Adoption: 2018-09-01 | SOM-2018-L-108741

  2. Somalia - General provisions - Law, Act

    Rape and Sexual Offences Law (Law No. 78/2018). - Legislation on-line

    Adoption: 2018-09-01 | SOM-2018-L-108744

  3. Somalia - General provisions - Law, Act

    Environmental Management Law (Law No. 79/2018). - Legislation on-line

    Adoption: 2018-08-25 | SOM-2018-L-108742

  4. Somalia - General provisions - Law, Act

    Law on the Delineation of the Organisation of the Government and of the Independent Public Bodies (Law No. 71/2015). (Xeerka kala Xadaynta Nidaamka Xukuumadda iyo Hay’adaha Madaxa Bannaan Xeer Lr. 71/2015) - Legislation on-line

    Adoption: 2016-02-08 | SOM-2016-L-104325

    Part I - General Principles
    Part II - The Government
    Part III - Structure of the Ministries
    Part IV - Structure of Public Bodies
    Part V - Agencies
    Part VI - Governmental Companies and Projects
    Part VII - Administrative RElationship of the Ministries and Public Bodies and Agencies
    Part VIII - Code of Conduct and Matters which Public Bodies are Forbidden
    Part IX - Reports and Archives
    Part X - Miscellaneous Provisions

  5. Somalia - General provisions - Law, Act

    Voters’ Registration (Amendments and Additions) Law (Law No. 37/2007 (2014)). - Legislation on-line

    Adoption: 2014-12-06 | Date of entry into force: 2015-01-03 | SOM-2014-L-104324

    The main purpose of this 2014 Amending Law is therefore to lay the legal foundations and procedures for the new nationwide voters’ registration exercise to be conducted before for the House of Representatives and Presidential elections which were planned to be held in early 2017.
    This 2014 Law should be read with the very few provisions of the original 2007 Voters’ registration Law that have not been expressly repealed by any of the new 2014 provisions, as all the 2008 amendments which were only of a temporary “sun set” nature to facilitate the completion of the registration to be completed ((see Art. 1 of the 2008 Amendments) can be safely disregarded, anyway.
    Furthermore, although the earlier draft version of this 2014 Law included the standard article on repeals of previous provisions inconsistent with the provisions of this Law, for some unexplained reasons that article (then numbered 43) was deleted. In the circumstances, the very few provisions of the previous 2007 Voters’ registration Law which do not contradict the provisions of this new 2014 Law still remain current and, if appropriate, can be used to fill any gaps.

  6. Somalia - General provisions - Regulation, Decree, Ordinance

    Proclamation by the President of the Federal Republic of Somalia of 30 June 2014 on the Exclusive Economic Zone. - Legislation on-line

    Adoption: 2014-06-30 | SOM-2014-R-104328

    This Proclamation declares the Exclusive Economic Zone of the Republic of Somalia to extend to a distance of two hundred nautical miles from the baselines from which the breadth of the territorial waters of the Somali Republic is measured. The Proclamation also defines the jurisdiction and sovereign rights of Somalia in respect of the EEZ. Exploitation of living and non-living resources, including fish, in the Exclusive Economic Zone of the Republic of Somalia shall require the prior written approval of the relevant Ministry of the Federal Government of Somalia and is subject to the applicable laws of subject to the applicable laws of Somalia. In any case where the Exclusive Economic Zone of the Republic of Somalia is adjacent or opposite to the Exclusive Economic Zone of another coastal State, the Federal Government of the Somali Republic is prepared to enter into negotiations with the coastal State concerned with a view to delimiting their respective Exclusive Economic Zones.

  7. Somalia - General provisions - Constitution

    The Federal Republic of Somalia Provisional Constitution of 2012. - Legislation on-line in English Legislation on-line

    Adoption: 2012-08-01 | Date of entry into force: 2012-08-01 | SOM-2012-C-94693

    CHAPTER 1: DECLARATION OF THE FEDERAL REPUBLIC OF SOMALIA.
    CHAPTER 2: FUNDAMENTAL RIGHTS AND THE DUTIES OF THE CITIZEN.
    Title One: General Principles Of Human Rights.
    Title Two: Rights, Basic Personal Liberties and Limitations.
    Title 3: Duties of Citizens.
    CHAPTER 3: LAND, PROPERTY AND ENVIRONMENT.
    CHAPTER 4: REPRESENTATION OF THE PEOPLE.
    Title One: General Principles of Representation of the People.
    Title Two: Elections.
    CHAPTER 5: DEVOLUTION OF THE POWERS OF STATE IN THE FEDERAL REPUBLIC OF SOMALIA.
    Title One: Structure and Principles of Collaboration of the Levels of Government.
    CHAPTER 6: THE FEDERAL PARLIAMENT.
    Title One: General Provisions.
    Title Two: The House Of The People Of The Federal Parliament.
    Title Three: The Legislative Powers Of The Upper House Of The Federal Parliament.
    Title Four: Legislative Procedures In Parliament.
    CHAPTER 7: THE PRESIDENT OF THE FEDERAL REPUBLIC.
    CHAPTER 8: THE EXECUTIVE BRANCH.
    CHAPTER 9: THE JUDICIAL AUTHORITY.
    CHAPTER 10: THE INDEPENDENT COMMISSIONS.
    CHAPTER 11: CIVIL SERVICE.
    CHAPTER 12: FEDERAL MEMBER STATES.
    CHAPTER 13: PUBLIC FINANCE.
    CHAPTER 14: PEACE AND SECURITY.
    CHAPTER 15: FINAL AND TRANSITIONAL PROVISIONS.
    Title One: Amending The Constitution.
    Title Two: Miscellaneous Provisions.
    SCHEDULE ONE (A) - THE SOMALI FLAG.
    SCHEDULE ONE (B) - THE SOMALI EMBLEM.
    SCHEDULE ONE (C) - TRANSITION: PROPOSED AMENDMENTS TO THE CONSTITUTION IN THE FIRST TERM OF THE SOMALI FEDERAL PARLIAMENT.
    SCHEDULE ONE (D) - PRIORITY LAWS TO BE ENACTED IN THE FIRST TERM OF THE FEDERAL PARLIAMENT.

  8. Somalia - General provisions - Law, Act

    National Communication Act of 2012. - Legislation On-Line in English

    Adoption: 2012-03-22 | Date of entry into force: 2012-04-22 | SOM-2012-L-94694

    Chapter I: Purpose
    Chapter II: Definitions
    Chapter III: Establishment of the Commission
    Chapter IV: Role of the Minister
    Chapter V: Spectrum Management
    Chapter VI: Licensing
    Chapter VII: Telecommunications
    Chapter VIII: Broadcasting
    Chapter IX: Enforcement
    Chapter X: Transitional Provisions

  9. Somalia - General provisions - Law, Act

    Somaliland Piracy Law (Law No. 52/2012). (Xeerka La Dagalaanka Budhcad Badeedka (Xeer Lr. 52/2012)) - Legislation on-line in English

    Adoption: 2011-03-21 | Date of entry into force: 2011-03-21 | SOM-2011-L-94695

    Article 1: Title of the Law
    Article 2: Definitions
    Article 3: The Purposes of this Law
    Article 4: Punishment for the Crime of Piracy
    Article 5: Jurisdiction of Somaliland Courts
    Article 6: A Pirate Ship or Aircraft
    Article 7: Ownership or Loss of the nationality of a ship or an aircraft
    Article 8: Search and Seizure of Sea Vessels by the Coastal Guard Force
    Article 9: Infringements by a Master or Officer of a Vessel
    Article 10: Prohibition of Conversion of Imprisonment
    Article 11: Confiscation
    Article 12: The Provisions of this Law
    Article 13: Repeals
    Article 14: Coming into force

    Articles 205 and 206 of the Maritime Code (Legislative Decree No. 1) of 21 February 1959 are hereby repealed. Similarly, all provisions contained in other laws which are contrary to this Law are hereby repealed.

  10. Somalia - General provisions - Law, Act

    Somaliland National Human Rights Commission Law (Law No. 39/2010) (Presidential Decree No. 0100/2010). (Xeerka Komishanka Qaranka Xuquuqda Aadamaha Somaliland Xeer/No/39/2010) - Legislation on-line Somaliland Human Rights Commission

    Adoption: 2010-12-26 | SOM-2010-L-91558

    Somaliland National Human Rights Commission (SLNHRC) is a statutory body established by an Act of Parliament No. 39/2009. The Act establishes the Commission, and clarifies its mandate, functions and institutional structure.

    The members of the Commission were selected by a Committee set up under 10 of the Law and consisting of 3 members appointed by the President, 2 by the House of Elders and 2 Supreme Court Justices. Following the procedure under Article 10 of the Law, the Committee organised an open competition and selected in order of merit, 14 persons who were suitable for appointment as Commissioners. The President then appointed the 7 Commissioners from the list and the remaining selectees were held in reserve in order of their merit as assessed by the Committee.

  11. Somalia - General provisions - Law, Act

    Juvenile Justice Law (Law No. 36/2007). (Jamhuuriyadda Somaliland Xeerka Nidaamka Garsoorka Caruurta Lr./36/2007) - Legislation on-line

    Adoption: 2007 | SOM-2007-L-91559

    The Act supplements the Penal Code and the Criminal Procedure Code and its provisions will apply to all criminal matters relating to juveniles. Article 13 of the Penal Code states that where an issue is governed by more than one criminal law, the special law shall, unless otherwise provided, prevail over the general law. Also to avoid gaps in the criminal law, Article 14 of the Penal Code confirms that the Penal Code shall still apply to matters governed by other special criminal laws, such as this Law, unless the special laws specifically provide otherwise. This Law does that in Article 3 by emphasizing that this Law will take precedence over all laws in matters relating to juvenile justice. The Penal Code will, therefore, continue to apply only in those situations, which are not expressly covered by this special law.

    Unlike various other countries where the age of lack criminal responsibility (doli incapax) has been reduced over the years, Article 10 of this Law raises the age of criminal responsibility from 14, which it was under Article 59 of the Somali Penal Code, to 15. However, as in the Penal Code, minors aged 15 to 18 shall be liable for any criminal acts committed if they have the capacity of "understanding and volition". These changes are, however, more in line with the views of the UN Committee on the Rights of the Child (see their General comment No: 10 (2007) - para 30 - 39.

    As set out in Chapter 2, Part 1 of the Law (and also in the Organisation of the Judiciary Law), all the courts of first instance (district & regional) as well as the appellate courts shall have sections dealing with juvenile cases. The juvenile sections, at first instance courts, shall consist of a judge and two lay assessors (Arts 18 & 19 of this Law). Lay assessors are chosen by the courts from lists prepared annually by the Minister of Justice under Article 38 of the Organisation of the Judiciary Law.

    The punishment in juvenile cases shall not include death, life imprisonment, physical punishment or imprisonment of a period exceeding 15 years.

  12. Somalia - General provisions - Constitution

    The Transitional Federal Charter of the Somali Republic. (Axdiga Jamhuuriyadda Federaalka) - Charter on-line Legislation on-line

    Adoption: 2004-02 | SOM-2004-C-72421

    The Charter has legal effect pending the eventual enforcement of the National Federal Constitution, a draft of which is to be completed within two and a half years and adopted by referendum during the final year of the transition period. The 1960 Constitution applies with respect to matters not covered in the Charter (Art. 71).
    Chapter 1 - Sovereignty and Territory
    Chapter 2 - The Somali Republic
    Chapter 3 - Citizenship
    Chapter 4 - The Transitional Federal Government
    Chapter 5 - Protection of the Fundamental Rights and Freedoms of the People (including human rights and dignity; equality of citizens before the law; right to life, personal liberty and security; rights relating to legal proceedings; labour; right to assemble and freedom to strike; freedom of information and media; the right to establish political parties; the right to establish social organisations; political asylum; education; protection of family; social welfare; economy)
    Chapter 6 - The structure and organisation of the State
    Chapter 7 - Part II - The President
    Chapter 8 - Part III - The Executive
    Chapter 9 - Part IV - The Judiciary
    Chapter 10 - Security and Defence Forces
    Chapter 11 - Land and Property
    Chapter 12 - National Commissions
    Chapter 13 - International Relations
    Chapter 14 - Amendment to the Charter
    Chapter 15 - Transitory Clause and Entry into Force of the Charter.

  13. Somalia - General provisions - Law, Act

    Private Sector Employees Law (Law No. 31/2004). (Wax ka Bedelka iyo Kaabista Xeerka Shaqaalha Rayidka (Xeer Lam 32/2004) - Legislation on-line Legislation on-line

    Adoption: 2004 | SOM-2004-L-88089

    Adopted by and applies to autonomous Region of Somaliland.

    Chapter 1: General provisions
    Chapter 2: Hours of work
    Chapter 3: Holidays and rest periods
    Chapter 4: Employees' pay and emoluments
    Chapter 5: Employment Contracts
    Chapter 6: Employees' recruitment procedures
    Chapter 7: The duties of employees and employers
    Chapter 8: Dismissal and resignation of employees
    Chapter 9: The employment of young persons
    Chapter 10: Employees' grievances
    Chapter 11: Health and safety in the work place
    Chapter 12: The structure of employees' associations

  14. Somalia - General provisions - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Decision on the Peace Process in Somalia, 2003. - Legislation on-line

    Adoption: 2003 | SOM-2003-M-88083

    Document concerning the peace process in Somalia.

  15. Somalia - General provisions - Law, Act

    Republic of Somaliland Citizenship Law (Law No. 22/2002). - Legislation on-line

    Adoption: 2002-06-03 | SOM-2002-L-88084

    Act adopted by the Autonomous Region of Somaliland to regulate citizenship in the region.

  16. Somalia - General provisions - Constitution

    The Constitution of the Republic of Somaliland. (Dastuurka Jamhuuriyadda Somaliland) - Legislation on-line Legislation on-line Legislation on-line

    Adoption: 2001-05-31 | SOM-2001-C-88085

    Constitution of the Autonomous Region of Somaliland. Article 20 contains the rights concerning work, trade, and the welfare of employees and in particular forbids forced labour. Article 36 deals with the rights of women.

  17. Somalia - General provisions - Constitution

    Constitution of the Republic of Somalia. (Dastuurka Jamhuuriyadda Dimoqraadiga Somaaliya) - Legislation on-line

    Adoption: 1979-09-16 | SOM-1979-C-88093

    Adopted in 1979, this Constitution is no longer in force. The 1960 Constitution is in force until a new one is drafted under the 2004 Transitional Charter.

  18. Somalia - General provisions - Law, Act

    Civil Code (Law No: 37 of 2 June 1973). - Legislation on-line

    Adoption: 1973-06-02 | SOM-1973-L-88091

    Article 605 of the Civil Code (1973) defines contracts for labour as one involving agreement for labour or work in consideration for remuneration. The Code also covers the general principles that underlie contractual obligations, but Article 605 of the Code states that a special law shall govern employment contracts. That law in respect of private employees is the above law.
    The Civil Code also covers liability for "tort" acts committed by employees. Art. 171 of the code states that:
    "1. An employer is liable for the damage caused by an employee who commits unlawful act in the course of, or in relation to, his employment.
    2. The relationship between employer and employee exists even when the employer has not been free to choose his employee, provided he has actual powers of supervision and control over his servant."

  19. Somalia - General provisions - Law, Act

    Law No. 65 of 18 October 1972 to promulgate the Labour Code. - Legislation on-line Legislation on-line

    Adoption: 1972-10-18 | SOM-1972-L-16530

    Part I: General provisions
    Part II: Trade unions and their federations
    Part III: Contracts of employment
    Part IV: Apprenticeship
    Part V: Remuneration
    Part VI: Conditions of work
    Part VII: Occupational health and safety
    Part VIII: Administering authorities and method of implementation
    Part IX: Settlement of labour disputes
    Part X: Penalties
    Part XI: Miscellaneous

  20. Somalia - General provisions - Law, Act

    Penal Code. - Legislation on-line Legislation on-line

    Adoption: 1963-10-02 | SOM-1963-L-88090

  21. Somalia - General provisions - Law, Act

    Criminal Procedure Code (Legislative Decree No: 1 of 1 June 1963). - Legislation on-line Legislation on-line Legislation on-line Legislation on-line Legislation on-line Legislation on-line

    Adoption: 1963-06-01 | Date of entry into force: 1965-03-31 | SOM-1963-L-91560

    The Criminal Procedure Code (which consists of 288 Articles) includes concepts which are found in common law countries, such as the presumption of innocence, the onus and burden of proof, the writ of haebus corpus and rules of evidence.

    The Code still applies, with some exceptions, to Somaliland.

  22. Somalia - General provisions - Constitution

    Constitution of the Republic of Somalia, 1960. - Legislation on-line

    Adoption: 1960-07-01 | SOM-1960-C-88092

    Following the adoption of the 2004 Charter, provisions in the 1960 Constitution are to remain in force in so far as the relate to matters not dealt with by the Charter and until such time as a new constitution has been drafted.


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