The 99-Article Draft Constitution – Mid-1999 This draft Constitution, consisting of 99 articles, emerged in mid-1999 during the process of completing the Interim Constitution, which had been approved at the Somaliland Clan Conference held in Hargeisa on 16 February 1997. The task of preparing and finalising the Constitution was undertaken by a 24-member committee appointed by the two Houses of Parliament for that purpose. Following the presentation of this draft, sections of the Somaliland public expressed reactions, raising views and concerns regarding its content and structure. Consequently, the Constitutional Committee revisited the draft, undertook a further review, and separated some of the articles contained in it.
Historical Note (NB): This 99-article draft was never adopted or brought into force as an operative Constitution, nor was it used as the constitutional framework for governing the Republic of Somaliland. Rather, it constituted one of the drafts and stages in the process of preparing, reviewing and finalising the Constitution of the Republic of Somaliland
Purpose and Acknowledgement
This document has been prepared for the benefit of researchers, scholars, students, and anyone interested in studying the history and development of Somaliland’s laws and constitutional heritage. It is intended to serve as a historical reference that readers may consult, cite, or draw upon for their research and academic work, as appropriate.
For those wishing to consult the original Somali-language version of this draft Constitution, the document is available on the Somalilandlaw.com website in its original Somali language.
Prepared and Translated by:
Lawyer Muse Yusuf Mohamed
Garyaqaan Muuse Yuusuf Maxamed
THE CONSTITUTION Draft 1999
PART ONE
FUNDAMENTAL PRINCIPLES AND BASIC RIGHTS
CHAPTER ONE
GENERAL PRINCIPLES
ARTICLE 1
THE STATE OF THE REPUBLIC OF SOMALILAND
- The former British Protectorate of Somaliland, which gained its independence from the United Kingdom of Great Britain and Northern Ireland on 26 June 1960, and was known as the Somaliland Protectorate, subsequently united with Somalia on 1 July 1960 to form the Somali Republic. Having reclaimed its independence pursuant to the decision of the Somaliland Communities Conference held in Burao from 27 April to 15 May 1991, it hereby becomes, in accordance with this Constitution, an independent sovereign State, possessing the rights and dignity of national sovereignty, and shall be known as the Republic of Somaliland.
2. Sovereignty and the dignity of national authority shall belong to the people, who shall exercise it in accordance with the laws of the country.
ARTICLE 2
THE TERRITORY OF THE REPUBLIC OF SOMALILAND
1.The territory of the Republic of Somaliland shall extend over the area formerly constituting the boundaries of the Somaliland Protectorate, geographically situated between latitudes 8° and 11°30′ North of the Equator and longitudes 42°45′ and 49° East. Its territorial boundaries shall comprise the land, islands, territorial waters, subsoil and seabed, airspace and continental shelf.
- The Republic of Somaliland shares borders with the Gulf of Aden to the north, Somalia to the east, Ethiopia to the south and west, and Djibouti to the north-west.
3. The national territory is sacred and inviolable.
ARTICLE 3
THE CAPITAL CITY
The capital city of the Republic of Somaliland shall be HARGEISA.
ARTICLE 4
CITIZENSHIP
1. Every person who is a descendant of persons who were resident in the territory of Somaliland on 26 June 1960 or earlier shall be recognised as a citizen of Somaliland.
2. A law shall determine the procedures for acquiring or losing Somaliland citizenship.
ARTICLE 5
RELIGION
1. The national religion of Somaliland shall be Islam, and the propagation of any religion other than Islam shall be prohibited within the territory of Somaliland.
2. The laws of the country shall be based on Islamic Sharia. Any law contrary to Islamic Sharia shall be prohibited.
3. The State shall promote religious observances and affairs of religion and shall implement the provisions of Islamic Sharia. It shall also prevent vice and immorality.
4. The calendar shall be based on both the Islamic Hijri calendar and the Gregorian calendar.
ARTICLE 6
LANGUAGE
1. The official language of the Republic of Somaliland shall be Somali, while Arabic shall be the second language.
Other languages may be used where necessary.
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