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    • Source: Constitution of Puntland

      • The Constitution of Puntland is the governing document and legal framework for the autonomous Puntland region of Somalia. It is the supreme law documenting the duties, powers, structure and function of the government of Puntland, subject only to Somalia's federal constitution. The current constitution, adopted on the 18 April 2012, is Puntland state's first and only permanent constitution.


      Constitutions




      = 1998 Provisional Charter

      =
      Delegates representing various local clans began arriving in Garowe from early May 1998 for the opening of the constitutional conference on 15 May. Organisation of the “Shir Beeleed” (community conference), subsequently known as the “Shir-Beeleedka Dastuuriga ah ee Garowe” (Garowe Community Constitutional Conference), included the registration and accommodation of delegates, undertaken by a preparatory committee which organised the whole conference process and drafted the charter with the help of a group of international constitutional lawyers. Over 460 delegates representing the different sub-clans and social strata participated. A provisional Charter was adopted in July and a president and vice-president were elected, marking the establishment of the Puntland State of Somalia.


      = 2001 Constitution

      =
      A transitional constitution was adopted by the House of Representatives of Puntland on 05/06/2011. In conformity with Article 28, a constitutional commission was established and a new constitution proposed. The transitional constitution made way for an anticipated federal Somalia.
      The constitution was based on the following provisions:

      Islamic Sharia
      The system of idea sharing and collective decision making
      The proportionality of Government powers; Executive, Legislative and Judiciary
      Decentralization of governmental power
      A multi-party system
      Ensuring the existence of private ownership and the free market
      Ensuring the individual fundamental rights and life, security and general stability.


      Provisions of the current Puntland constitution


      The current Puntland constitution was adopted on 18 April 2012. Out of 480 representatives, 472 representatives voted to approve the draft constitution.


      = Title I: "The Puntland State And Its Founding Principles"

      =
      Article 1 - Name and purpose
      Article 2 - Supremacy of the law
      Article 3 - System of government
      Article 4 - The people
      Article 5 - The census
      Article 6 - Land and boundaries
      Article 7 - Language
      Article 8 - Religion
      Article 9 - Capital City
      Article 10 - Flag, symbol and anthem


      = Title II: "The Fundamental Rights And Guarantees Of The Person"

      =
      Chapter 1 - Individual rights and their suspension
      Section 1 - Individual Rights
      Section 2 - State of Exception of Individual Liberties
      Chapter 2 - Social Rights
      Section 1 - The Family
      Chapter 3 - Citizenship and Electoral Procedures


      = Title III: "Economy"

      =
      Article 46 - The economic order purpose
      Article 47 - Socio-economic system of a free enterprise
      Article 48 - Natural Resources
      Article 49 - Protection of the environment
      Article 50 - The role of the state in the economy
      Article 51 - Joint ventures companies
      Article 52 - Transaction of public property
      Article 53 - Nationalisation of private property


      = Title IV: "The Structure Of The Government"

      =
      Chapter 1 - The Fundamental Organs of the State
      Article 54 - Parliamentary regime
      Article 55 - The three organs of the state
      Article 56 - Separation of organs
      Article 57 - Cooperation of organs
      Chapter 2 - The Legislature
      Section 1 - The House of Representatives
      Section 2 - The Process of Law Formation
      Chapter 3 - The Executive
      Chapter 4 - The Judiciary
      Chapter 5 - Other Fundamental Institutions of the State
      Section 1 - The Office of the Attorney General
      Section 2 - The Office for the Defence and Promotion of Human Rights
      Section 3 - The Auditor General
      Section 4 - Electoral Authority
      Chapter 6 - Regional and District Administration
      Section 1 - Regional Administration
      Section 2 - District Administrations


      = Title V: "The Administrative Government Of Puntland"

      =
      Chapter 1 - The Civil Service
      Chapter 2 - Public Finances


      = Title VI: "Supremacy And Reform Of The Constitution"

      =
      Article 133 - Pre-eminence of the constitution
      Article 134 - Constitutional reforms
      Article 135 - Harmonization of this constitution with federal constitution
      Article 136 - Enforcement of the constitution


      External links


      Constitution draft
      2009 constitution
      Constitution of Puntland - FAO


      References

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