CONSTITUTIONAL HISTORY OF THE REPUBLIC OF
SOMALILAND (1960–2001)
Formation, Revision, Adoption and Referendum of the Constitution
INTRODUCTION
The constitutional history of the Republic of Somaliland has passed
through various stages, associated with the establishment of statehood in 1960, the restoration of independence in 1991, the reconstruction of national institutions, and the 2001 constitutional referendum.
This text examines the constitutional development of the Republic of Somaliland through eleven major stages.
- The Constitution of Somaliland of 1960 – The first Constitution of Somaliland, which came into force on 26 June 1960, when Somaliland gained independence from the United Kingdom.
- The Reassertion of Somaliland’s Independence on 18 May 1991 – The Burao Conference resolved that Somaliland should reassert the independence it had achieved on 26 June 1960
- The National Charter, 1993–1997 – The National Charter became the political and constitutional foundation of the transitional period, followed by the 1995 extension of the National Charter.
- The Beginning of the Constitutional Process 1994 – The drafting of the Constitution of the Republic of Somaliland was mandated by Article 12 of the National Charter.
- The Interim Constitution of 156 Articles – Adopted in February 1997, it became the constitutional foundation of the transitional period.
- The Constitutional Review and Revision Process, 1998–2000 – The Interim Constitution was reviewed and amended as part of the process of preparing a permanent Constitution to be submitted to a national referendum.
- The Extension of the Constitutional Referendum Timetable, February 2000 – The process of constitutional approval and preparations for the referendum resulted in an extension of the timetable for completing the constitutional process.
- Adoption of the 130-Article Constitution by the Two Houses – The two Houses of Parliament approved the Constitution on 30 April 2000. The Constitution consisted of 130 Articles.
- The Constitutional Referendum Law and Preparations for the Referendum – The Constitutional Referendum Law, Law No. 16/2000, was enacted, and the institutional and committee arrangements for organizing and conducting the referendum were established.
- The National Constitutional Referendum – 31 May 2001 The national constitutional referendum was held on 31 May 2001, allowing the people of Somaliland to approve or reject the Constitution adopted by the two Houses of Parliament. The Constitution was approved by a large majority of the voters who participated in the referendum.
- The Entry Into Force Of The Constitution Following its approval through the national referendum, the Constitution entered into force and became the supreme legal foundation of the constitutional order of the Republic of Somaliland. Its entry into force marked the completion of the constitutional process that had begun with the reconstruction of Somaliland’s constitutional institutions after 18 May 1991
Author’s Note
This work is based on a systematic examination of historical
records and documentary sources relating to the constitutional
and political development of the Republic of Somaliland. The
research involved the collection, analysis and cross-referencing
of available materials to establish a coherent, evidence-based
and appropriately documented historical account.
The primary sources consulted include the National Charter; the
various versions and drafts of the Constitution of the Republic of
Somaliland; relevant legislative and governmental records;
newspapers; video recordings; radio broadcasts; and personal
recollections, particularly those of Prof Mohamed Said Gees. The
research also draws upon official government and parliamentary
websites, Somalilandlaw, and publications and reports produced
by foreign institutions and researchers concerned with
Somaliland’s history
