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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : The Transitional Federal Charter of the Somali Republic
Record 596

Country :

Somalia

Agreement Title/Name:
The Transitional Federal Charter of the Somali Republic
Year :
2004
Date Signed :

29 January 2004

Summary :

Lengthy agmt setting out transitional constitution for Somalia


Parties :
Third Parties :
Statehood/Identity :
Preambular commitment to live in epace and unity as one indivisible, free and sovereign nation. Art. 8. 1.Religion- Islam shall be the religion of the Somali Rep. 2. the Islamic Sharia shall be the basic sourec for national leg. Art. 24.10. teaching of Islam shall be compulsory for pupils in both public and private schools. This does not apply to non-Muslim students. Art.40 to be eligible for Somali presidency, person must be practising Muslim.
Governance/Democratic Inst :
Chapter 6. The Structure and Organization of the State. Parliament. President. Executive. The Judiciary. Chapter 12. Independent Commissions and Administrative Committees
Women :
Art. 26. Social Welfare.c) govt shall encourage the establishment of the civil society and social dev institutions for the public, incl. women. i) the govt shall create a positive environment for women to participate effectively in economic, social and political life of the society. Art.29 Composition of Parliament- to consist of 275 members of which at least 12% shall be women.
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
Not Applicable
Human Rights Framework :
Chapter 5: Protection of the Fundamental Rights and Freedoms of the People. Art. 14. Human Rights and Dignity.1. state to enforce all intl HR obligations. Art.15 equality of the citizens before the alw. Art.16. right to life, personal liberty and security. Art. 17. rights relating to legal proceedings. Art. 18. labour. Art. 19. right to assemble and freedom to strike. Art. 20. freedom of info and media. Art. 21. right to establish political parties. Art.22. right to establish social orgs. Art.23. political asylum. Art. 24. education. Art. 25. protection of family. Art. 26 social welfare.
Judicial Reform :
Not Applicable
Policing :
Not Applicable
Refugees/Land :
Art.71.6. the Transitional Federal Govt shall make necessary efforts to resettle refugees and displaced persons.
Civil Society :
Chapter 5. Protection of the Fundamental Rights and Freedoms of the People: art. 14.2. every citizen shall have the right to (b) organize, form or take part in political, labour, professional or social entities in conformity with the law, without prior govt authorization; art. 22. right to establish any social org in accordance w/ law. Any Ngo with an objective of either HR, environmental protection shall be registered and allowed to operate in the Somali Rep in accordance with intl treaties and laws of the country. Art. 26. Social Welfare.c) govt shall encourage the establishment of the civil society and social dev institutions for the public, that is to say, NGOs, women, youth, students, human rights and professional orgs. Part 5. Structure and Organization of the State, art. 30 the parl to be selected by the consultation meetings comprising (amongst others) 'Group 8 Political Alliance and Civil Society' and must be endorsed by genuine traditional leaders.
Dev& Socio-Economic Rights :
Art.71. 7. ongoing development projects in the country may continue, provided they do not infringe on the sovereignty of the staet and do not harm the environment.
Enforcement Mechanism :
Transitional Federal Govt, Art. 11. 3.(b). An internationally supervised National Referendum shall be undertaken to approve the new Constitution. (c) the TFG will request the intl community to provide both technical and financial support. Art. 71 Transitional Period. 1. the charter shall have legal effect pending the eventual enforcement of the National Federal Constitution. 9. the present Charter shall be the basis for the federal constitution whose draft shall be completed within two and a half years and be adopted by popular referendum during the final year of the transitional period. 12. for the avoidance of doubt, this charter shall come into force on the date the delegates at the Somali National Reconciliation Conference in Kenya approve it and continue to be operational until the approval and enforcement of the federal constitution.
International Community :
Transitional Federal Govt, Art. 11. 3.(b). An internationally supervised National Referendum shall be undertaken to approve the new Constitution. (c) the TFG will request the intl community to provide both technical and financial support.
UN Involvement :
Source :
UN Peacemaker


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