APPENDIX

THE CONSTITUTION
This is the official version of the Constitution as
amended up to 31 December 1963. It supersedes
any English tet previously published.
The Constitution was published in the Official Bulletin
No. 1 of 1 July 1960.
THE CONSTITUTION
OF THE
SOMALI RFPUBLIC
THE !E"#$ENT O% THE &E'#"&(T#)E (""E*B&+
(ctin, in his capacity as -o.isional -esident of the !epublic/
H()#N' "EEN the decision of the Constituent (sse0bly of 11
June 19602 app-o.in, the Constitution of the "o0ali !epublic3
H()#N' "EEN the fi-st a-ticles of the T-ansitional and %inal
-o.isions 04 the Constitution3
H()#N' "EEN pa-a,-aph 1 of the thi-d a-ticle of the T-ansitional
and %inal -o.isions of the Constitution3
HE!EB+ !O*5&'(TE"
the Constitution of the "o0ali !epublic in the followin, te6t/
!E(*B&E
#N THE N(*E O% 'O$
THE *E!C#%5& (N$ BENE%#C#ENT
THE "O*(&# EO&E
CON"C#O5" of the sac-ed -i,ht of se1f7dete-0ination of peoples
sole0nly consec-ated in the Cha-te- of the 5nited Nations3
%#!*&+ decided to consolidate and p-otect the independence of
the "o0ali Nation and the -i,ht to libe-ty of its people2 in a de0oc-acy
based on the so.e-ei,nty of the people and on the e8uality of -i,hts and
duties of all citi9ens3
$ETE!*#NE$ to coope-ate with all peoples fo- the consolidation
of libe-ty2 :ustice and peace in the wo-ld2 and in pa-ticula- with those
peoples with who0 they a-e lin;ed by histo-y2 -eli,ion2 cultu-e and
political outloo; fo- the c-eation of a bette- futu-e3
#N CON"T#T5T#N' THE*"E&)E" into a unita-y2 so.e-ei,n and
independent !epublic2 lay down as the basis of the :u-idical and social
o-de- of the "o0ali Nation the followin,/
.
CONSTITUTION
(!T #
GENERAL PROVISIONS
(-ticle 1
The !epublic
1. "o0alia is an independent and fully so.e-ei,n "tate. #t is a
-ep-esentati.e2 de0oc-atic and unita-y !epublic. The "o0ali people is one
and indi.isible.
1. "o.e-ei,nty belon,s to the people who shall e6e-cise it in the
fo-0s dete-0ined by the Constitution and the laws. No pa-t of the people
no- any indi.idual 0ay clai0 so.e-ei,nty o- assu0e the -i,ht to e6e-cise
it.
<. #sla0 shall be the -eli,ion of the "tate.
=. The national fla, shall be a9u-e in colou-2 -ectan,ula-2 and shall
ha.e a white sta- with fi.e e8ual points e0bla9oned in its cent-e.
>. The e0ble0 of "o0alia shall be co0posed of an a9u-e escutcheon
with a ,old bo-de- and shall bea- a sil.e- fi.e7pointed sta-. The
escutcheon2 su-0ounted by an e0abattle0ent with fi.e points in *oo-ish
stile2 the two late-al points hal.ed2 shall be bo-ne by two leopa-ds -a0pant
in natu-al fo-0 facin, each othe-2 -estin, on two lances c-ossin, unde- the
point of the escutcheon2 with two pal0 lea.es in natu-al fo-0 inte-laced
with a white -ibbon.
(-ticle 1
The eople
1. The people consists of all the citi9ens.
1. The 0anne- of ac8ui-in, and losin, citi9enship shall be established by
law.
<. No pe-son 0ay be denied citi9enship o- dep-i.ed the-eof fo-
political -easons.
(-ticle <
E8uality of the Citi9ens
(ll citi9ens2 without distinction of -ace2 national o-i,in2 bi-th2
lan,ua,e2 -eli,ion2 se62 econo0ic o- social status2 o- opinion2 shall ha.e
e8ual -i,hts and duties befo-e the law.
(-ticle =
Te--ito-y of the "tate
1. The national te--ito-y is sac-ed and in.iolable.
1. The te--ito-ial so.e-ei,nty shall e6tend to the continental te--ito-y2
the islands2 the te--ito-ial sea2 the subsoil2 the ai- space abo.e and the
continental shelf.
<. (ny 0odification of the national te--ito-y 0ust be autho-i9ed by a
law app-o.ed by a fou-7fifth 0a:o-ity of the 0e0be-s of the National
(sse0bly.
=. The law shall dete-0ine the pa-ts of the te--ito-y and the p-ope-ty
which belon, to the "tate and to public bodies2 and establish the le,al
status the-eof.
(-ticle >
"up-e0acy of the &aw
1. The o-,ani9ation of the "tate and the -elationships between the
"tate and othe- pe-sons2 public o- p-i.ate2 shall be ,o.e-ned by law.
1. (d0inist-ati.e acts cont-a-y to law and le,islati.e acts cont-a-y to
the Constitution 0ay be in.alidated on the initiati.e of the inte-ested pa-ty
in acco-dance with the p-o.isions of the Constitution.
(-ticle 6
The !epublic in the #nte-national O-de-
1. The ,ene-ally accepted -ules of inte-national law and inte-national
t-eaties duly concluded by the !epublic and published in the 0anne-
p-esc-ibed fo- le,islati.e acts shall ha.e the fo-ce of law.
1. The !epublic -epudiates wa- as a 0eans of settlin, inte-national
disputes.
<. #t accepts2 on conditions of pa-ity with othe- "tates2 li0itations on its
so.e-ei,nty necessa-y fo- the establish0ent of a syste0 to ensu-e peace
a0on, nations.
=. The "o0ali !epublic shall p-o0ote2 by le,al and peaceful 0eans2 the
union of "o0ali te--ito-ies and encou-a,e solida-ity a0on, the peoples of
the wo-ld2 and in pa-ticula- a0on, (f-ican and #sla0ic peoples.
(-ticle ?
Hu0an !i,hts
The laws of the "o0ali !epublic shall co0ply2 in so fa- as applicable2 with
the p-inciples of the 5ni.e-sal $ecla-ation 04 Hu0an !i,hts adopted by
the 'ene-al (sse0bly of the 5nited Nations on 10 $ece0be- 19=@.
(!T ##
FUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZEN
(-ticle @
!i,ht to )ote
1. E.e-y citi9en who possesses the 8ualifications -e8ui-ed by law
shall ha.e the -i,ht to .ote.
1. The .ote shall be pe-sonal2 e8ual2 f-ee and sec-et.
(-ticle 9
!i,ht of (ccess to ublic Offe-
E.e-y citi9en who possesses the 8ualifications -e8ui-ed by law
shall be e8ually eli,ible fo- public office.
(-ticle 10
!i,ht of etition
1. E.e-y citi9en shall ha.e the -i,ht to add-ess w-itten petitions to the
-esident of the !epublic2 the National (sse0bly and the 'o.e-n0ent.
1. E.e-y petition which is not 0anifestly unfounded shall be
e6a0ined.
(-ticle 11
!i,ht of !esidence
1. E.e-y citi9en shall ha.e the -i,ht to -eside and t-a.el f-eely in any
pa-t of the te--ito-y of the "tate and shall not be sub:ected to depo-tation.
1. E.e-y citi9en shall ha.e the -i,ht to lea.e the te--ito-y of the "tate
and to -etu-n the-eto.
(-ticle 11
!i,ht of olitical (ssociation
1. E.e-y citi9en shall ha.e the -i,ht to associate in political pa-ties2
without p-e.ious autho-i9ation2 fo- the pu-pose of co7ope-atin,
de0oc-atically and peacefully in the shapin, of national policy.
1. olitical pa-ties and associations which a-e sec-et2 ha.e an
o-,ani9ation of a 0ilita-y cha-acte- o- ha.e a t-ibal deno0ination shall be
p-ohibited.
(-ticle 1<
!i,ht to %o-0 T-ade 5nions
1. E.e-y citi9en shall ha.e the -i,ht to fo-0 t-ade unions o- to :oin
the0 fo- the p-otection of his econo0ic inte-est.
1. T-ade unions o-,ani9ed acco-din, to de0oc-atic p-inciples shall be
conside-ed :u-idical pe-sons acco-din, to law.
<. T-ade unions bein, :u-idical pe-sons 0ay ne,otiate collecti.e
labou- cont-acts bindin, on thei- 0e0be-s.
(-ticle 1=
!i,ht to Econo0ic #nitiati.e
1. E.e-y citi9en shall ha.e the -i,ht to econo0ic initiati.e within the
f-a0ewo-; of the laws.
1. The law 0ay cont-ol the e6plo-ation of the econo0ic -esou-ces of
the te--ito-y of the "tate.
(-ticle 1>
$uty of &oyalty to the Ho0eland
1. E.e-y citi9en shall be loyal to the "tate.
1. The defence of the ho0eland shall be the duty of e.e-y citi9en.
<. *ilita-y se-.ice shall be ,o.e-ned by law.
(!T ###
FUNDAMENTAL RIGHTS AND DUTIES OF MAN
T#T&E #
Right to Liberty
(-ticle 16
!i,ht to &ife and to e-sonal #nte,-ity
1. E.e-y pe-son shall ha.e the -i,ht to life and to pe-sonal inte,-ity.
1. (-bit-a-y li0its to such -i,hts 0ay not be established.
<. The law 0ay p-esc-ibe the death penalty only fo- the 0ost se-ious c-i0es
a,ainst hu0an life o- the pe-sonality of the "tate.
(-ticle 1?
e-sonal &ibe-ty
1. E.e-y pe-son shall ha.e the -i,ht to pe-sonal libe-ty.
1. "ub:ection to any fo-0 of sla.e-y o- se-.itude shall be punishable
as a c-i0e.
<. No pe-son shall be liable to any fo-0 of detention o- othe-
-est-iction of pe-sonal libe-ty e6cept when app-ehended in
flagrante delicto o- pu-suant to an act of the co0petent :udicial
autho-ity2 statin, the ,-ounds the-eof2 in the cases and in the
0anne- p-esc-ibed by law.
=.
>.
6.
?.
@.
9.
10.
11.
11.
1<.
=. #n cases of u-,ent necessity2 e6p-essly defined by law2 the
co0petent ad0inist-ati.e autho-ity 0ay adopt p-o.isional 0easu-es which
shall be co00unicated without delay to the co0petent :udicial autho-ity
and confi-0ed by it within the ti0e and in the 0anne- p-esc-ibed by law2
failin, which such 0easu-es shall be dee0ed to ha.e been -e.o;ed and
shall be .oid.
>. #n each case of detention o- othe- -est-iction of pe-sonal libe-ty2 the
-easons fo- the 0easu-e shall be co00unicated to the pe-son conce-ned
without delay.
6. No pe-son shall be sub:ected to secu-ity 0easu-es e6cept in the
cases and in the 0anne- p-esc-ibed by law and pu-suant to an act of the
co0petent autho-ity2 statin, the ,-ounds the-eof.

?. No pe-son shall be sub:ected to inspection o- pe-sonal sea-ch
e6cept in the cases and unde- the p-o.isions laid down in pa-a,-aphs <2 =
and >2 and in othe- cases as p-esc-ibed by law fo-2 :udicial2 sanita-y o-
fiscal -easons2 and in the 0anne- p-esc-ibed the-efo-. #n e.e-y case2 the
se1f7-espect and 0o-al di,nity of the pe-son conce-ned 0ust be p-ese-.ed.
(-ticle 1@
'ua-antees in Cases of !est-iction of e-sonal &ibe-ty
(ny physical o- 0o-al .iolence a,ainst a pe-son sub:ect to
-est-iction of pe-sonal libe-ty shall be punishable as a c-i0e.
(-ticle 19
E6t-adition and olitical (sylu0
1. E6t-adition 0ay be ,-anted only in the cases and in the 0anne-
p-esc-ibed by law2 sub:ect2 in all cases2 to p-io-i inte-national
con.ention.
1. No pe-son 0ay be sub:ected to e6t-adition fo- political offences.
<. (ny alien p-osecuted in his own count-y fo- political offences shall ha.e
the -i,ht to asylu0 in the te--ito-y of the "tate in the cases and unde- the
conditions p-o.ided by law.
(-ticle 10
&i0its to e-sonal "e-.ice and -ope-ty &e.y
No pe-sonal se-.ice o- p-ope-ty le.y 0ay be i0posed sa.e in
acco-dance with law.
(-ticle 11
%-eedo0 of $o0icile
1. E.e-y pe-son shall the -i,ht to the in.iolability of his do0icile.
1. No inspection2 sea-ch o- sei9u-e shall be ca--ied out in the do0icile
o- in any othe- place -ese-.ed fo- pe-sonal use e6cept in the cases and
unde- the p-o.isions laid down in pa-a,-aphs <2 = and > of (-ticle 1? and
in othe- cases as p-esc-ibed by law fo- :udicial pu-poses2 and in the 0anne-
p-esc-ibed the-efo-.
(-ticle 11
%-eedo0 of Co--espondence
1. E.e-y pe-son shall ha.e the -i,ht to f-eedo0 and sec-ecy of w-itten
co--espondence and of any othe- 0eans of co00unication.
1. &i0itations the-eon 0ay be i0posed only in the cases and unde-
the p-o.isions laid down in pa-a,-aphs <2 = and > of (-ticle 1? and in
othe- cases as p-esc-ibed by law fo- :udicial pu-poses2 and in the 0anne-
p-esc-ibed the-efo-.
(-ticle 1<
"ocial E8uality
(ll pe-sons a-e e8ual in social di,nity
(-ticle 1=
-ope-ty
1. The -i,ht to own p-ope-ty shall be ,ua-anteed by law2 which shall define
the 0odes of ac8uisition and the li0its of the en:oy0ent the-eof 4o- the
pu-pose of ensu-in, its social function.
1. -ope-ty 0ay be e6p-op-iated only fo- -easons of public inte-est
and in the 0anne- p-esc-ibed by law2 in e6chan,e fo- e8uitable and ti0ely
co0pensation.
(-ticle 1>
%-eedo0 of (sse0bly
.
1. E.e-y pe-son shall ha.e the -i,ht to asse0ble in a peaceful 0anne-
fo- a peaceful pu-pose.
1. The law 0ay p-o.ide that p-e.ious notice of public 0eetin,s be
,i.en to the autho-ities. *eetin,s 0ay be fo-bidden only fo- -easons of
public health2 safety2 0o-ality2 o-de- o- secu-ity.
(-ticle 16
%-eedo0 of (ssociation
1. E.e-y pe-son shall ha.e the -i,ht f-eely to fo-0 associations
w1thout autho-i9ation.
1. No pe-son 0ay be co0pelled to :oin an association of any ;ind o-
to continue to belon, to it.
<. "ec-et associations o- those ha.in, an o-,ani9ation of 0ilita-y
cha-acte- shall be p-ohibited.
(-ticle 1?
!i,ht to "t-i;e
1. The -i,ht to st-i;e is -eco,ni9ed and 0ay be e6e-cised within the
li0its p-esc-ibed by law. (ny act tendin, to disc-i0inate a,ainst2 o- to
-est-ict2 the f-ee e6e-cise of t-ade union -i,hts shall be p-ohibited.
(-ticle 1@
%-eedo0 of Opinion
1. E.e-y pe-son shall ha.e the -i,ht f-eely to e6p-ess his own opinion
in any 0anne-2 sub:ect to any li0itations which 0ay be p-esc-ibed by law
fo- the pu-pose of safe,ua-din, 0o-als and public secu-ity.
1. E6p-essions of opinion 0ay not be sub:ect2 to p-io- autho-i9ation
o- censo-ship.
(-ticle 19
%-eedo0 of !eli,ion
E.e-y pe-son shall ha.e the -i,ht to f-eedo0 of conscience and
f-eely to p-ofess his own -eli,ion and to wo-ship it sub:ect to any
li0itations which 0ay be p-esc-ibed by law fo- the pu-pose of
safe,ua-din, 0o-als2 public health o- o-de-. Howe.e-2 it shall not be
pe-0issible to sp-ead o- p-opa,andi9e any -eli,ion othe- than the -eli,ion
of #sla0ABC. DNote ABC/ (s a0ended by law No. 16 of 19 June 196<E
(-ticle <0
e-sonal "tatus
1. E.e-y pe-son shall ha.e the -i,ht to a pe-sonal status in acco-dance
with his -especti.e laws o- custo0s.
1. The pe-sonal status of *usli0s is ,o.e-ned by the ,ene-al
p-inciples of the #sla0ic "ha-ia.
T#T&E ###
Soi!" Right#
(-ticle <1
-otection of the %a0ily
1. The fa0ily based on 0a--ia,e2 as bein, the funda0ental ele0ent of
society2 shall be p-otected by the "tate.
1 a-ents shall p-o.ide fo- the suppo-t2 education and inst-uction of
thei- child-en2 as -e8ui-ed by law.
<. The law shall p-o.ide fo- the fulfill0ent of the obli,ations set out
in the p-ecedin, pa-a,-aph in case of death of the pa-ents and whene.e-2
by -eason of incapacity o- othe-wise2 the pa-ents do not pe-fo-0 the0.
=. Child-en who a-e full a,e shall be obli,ed to suppo-t thei- pa-ents
when the latte- a-e unable to p-o.ide fo- the0sel.es.
>. The "tate shall p-otect 0othe-hood and childhood and encou-a,e
the institutions necessa-y fo- this pu-pose.
6. The "tate shall -eco,ni9e the p-otection of child-en of un;nown
pa-ents as its duty.
(-ticle <1
Felfa-e #nstitutions
The "tate shall p-o0ote and encou-a,e the c-eation of welfa-e
institutions fo- physically handicapped pe-sons and abandoned child-en.

(-ticle <<
-otection of ublic Health
The "tate shall p-otect public health and p-o0ote f-ee 0edical
assistance fo- indi,ent pe-sons.
(-ticle <=
"afe,ua-din, of ublic *o-ality
The "tate shall safe,ua-d public 0o-ality in the 0anne- p-esc-ibed
by law.
(-ticle <>
Education

1. The "tate shall encou-a,e education2 as bein, a funda0ental
inte-est of the co00unity2 and p-o.ide fo- the c-eation of "tate schools
open to all.
1. -i0a-y education in public schools shall be f-ee.
<. %-eedo0 of teachin, shall be ,ua-anteed by law.
=. O-,ani9ations and indi.iduals shall ha.e the -i,ht to establish2 in
acco-dance with law and without financial suppo-t f-o0 the "tate2 schools
and educational institutions.
>. -i.ate schools and educational institutions 0ay ha.e a pa-ity of
status with "tate schools and institutions unde- the conditions laid down
by law.
6. Teachin, of #sla0 shall be co0pulso-y fo- pupils of #sla0ic faith in
p-i0a-y and seconda-y "tate schools and in schools ha.in, a pa-ity of
status. Teachin, of Holy Go-an shall be a funda0ental ele0ent in p-i0a-y
and seconda-y "tate schools fo- *usli0s.
?. #nstitutes of hi,he- education shall ha.e2 thei- own Hutono7 0ous
o-,ani9ation within the li0its p-esc-ibed by law.
(-ticle <6
-otection of &abou-
1. The "tate shall p-otect labou- and encou-a,e it in all its fo-0s and
applications.
1. %o-ced and co0pulso-y labou- of any ;ind shall be p-ohibited. The
cases in which labou- 0ay be o-de-ed fo- 0ilita-y o- ci.il necessity o-
pu-suant to a penal con.iction shall be p-e7sc-ibed by law.
<. E.e-y wo-;e- shall ha.e the -i,ht to -ecei.e2 without any
disc-i0ination2 e8ual pay fo- wo-; of e8ual .alue2 so as to ensu-e an
e6istence consistent with hu0an di,nity.
=. E.e-y wo-;e- shall ha.e the -i,ht to a wee;ly -est and annual lea.e
with pay3 he shall not be co0pelled to -enounce it.
>. The law shall establish the 0a6i0u0 wo-;in, hou-s and the
0ini0u0 a,e fo- the .a-ious types of wo-; and shall ensu-e that 0ino-s
and wo0en wo-; only unde- suitable conditions.
.
6. The "tate shall p-otect the physical and 0o-al inte,-ity of the
wo-;e-s.
(-ticle <?
"ocial "ecu-ity and (ssistance
1. The "tate shall p-o0ote social secu-ity and assistance by law.
1. The "tate shall ,ua-antee to its ci.il and 0ilita-y e0ployees the
-i,ht to pension3 it also shall ,ua-antee in acco-dance with law2 assistance
in case of accident2 illness o- incapacity fo- wo-;.
T#T&E ###
$%&ii!" G%!r!'tee#
(-ticle <@
!i,ht to #nstitute &e,al -oceedin,s
E.e-y pe-son shall ha.e the -i,ht to institute le,al p-oceedin,s2
unde- conditions of full e8uality2 befo-e a lawfully constituted cou-t.
(-ticle <9
-otection a,ainst (cts of the ublic (d0inist-ation
Judicial p-otection a,ainst acts of the public ad0inist-ation shall be
allowed in all cases2 in the 0anne- and with the effects p-esc-ibed by law.
(-ticle =0
Ci.il &iability of the "tate fo- the (cts of
its Officials and E0ployees
1. Fhoe.e- suffe-s da0a,es f-o0 acts o- o0issions in .iolation of
his -i,hts by officials o- e0ployees of the "tate o- of public bodies in the
pe-fo-0ance of thei- duties2 shall ha.e the -i,ht to obtain co0pensation
f-o0 the "tate o- the public bodies conce-ned.
1. The penal2 ci.il and ad0inist-ati.e liability of officials and
e0ployees fo- the acts o- o0issions -efe--ed to in the p-ecedin, pa-a,-aph
shall be ,o.e-ned by law.
(-ticle =1
!i,ht of $efence
1. The -i,ht of defence shall be allowed at e.e-y sta,e of le,al
p-oceedin,s.
1. The "tate shall ,ua-antee2 unde- the conditions and in the 0anne-
p-esc-ibed by law2 f-ee le,al aid to the poo-.
(-ticle =1
Non7-et-oacti.e Natu-e of enal &aw
No pe-son 0ay be con.icted fo- an act which was not punishable
as an offence unde- the law in fo-ce at the ti0e when it was co00itted3
no- 0ay a hea.ie- punish0ent be i0posed than the one applicable at that
ti0e.
(-ticle =<
enal &iability
1. enal liabilities shall be pe-sonal. (ny ind of collecti.e
punish0ent shall be fo-bidden.
1. The accused shall be p-esu0ed innocent until the con.iction has
beco0e final.
(-ticle ==
"ocial u-pose of unish0ent
unish0ents -est-icti.e of pe-sonal libe-ty shall not consist of
t-eat0ent cont-a-y to feelin,s of hu0anity o- be such as to obst-uct the
0o-al -ehabilitation of the con.icted pe-son.
(-ticle =>
Enfo-ce0ent of unish0ents
"upe-.ision o.e- the enfo-ce0ent of punish0ent and secu-ity
0easu-es shall be e6e-cised by the co0petent cou-t in acco-dance with
law.
(-ticle =6
!ed-ess of Judicial E--o-s
The conditions and the p-ocedu-e fo- the -ed-ess of 7:udicial e--o-s
shall be p-esc-ibed by law.
T#T&E #)
D%tie# To(!r&# the St!te
(-ticle =?
$uty to Obse-.e the Constitution and the &aws
E.e-y pe-son shall loyally obse-.e the Constitution and the laws of
the "tate.
(-ticle =@
$uty to ay Ta6es
1. E.e-y pe-son shall cont-ibute to public e6penditu-e acco-din, to
his capacity to pay.
1. ( syste0 of ta6ation based on p-inciples of social :ustice shall be
established by law.
(!T #)
ORGANIZATION OF THE STATE
T#T&E #
The N!tio'!" A##e)b"y
"ECT#ON #
O-,ani9ation of the National (sse0bly
(-ticle =9
&e,islati.e owe-
The le,islati.e powe- shall be .ested in the National (sse0bly.
(-ticle >0
The $oct-ine of #sla0 in the &e,islation
The doct-ine of #sla0 shall be the 0ain sou-ce of the laws of the
"tate.
(-ticle >1
National (sse0bly
1. The National (sse0bly shall consist of deputies elected by the
people by uni.e-sal2 f-ee2 di-ect and sec-et ballot2 and of deputies as of
-i,ht.
1. The nu0be- of deputies and the electo-al syste0 shall be
established by law.
<. E.e-y citi9en who has the -i,ht to .ote and who in the yea- of the
elections has co0pleted at least twenty7fi.e yea-s of a,e shall be eli,ible
to be a deputy. The law shall p-esc-ibe the ,-ounds fo- ineli,ibility and
inco0patibility with 0e0be-ship in the National (sse0bly.
=. Fhoe.e- has been -esident of the !epublic shall beco0e a deputy fo-
life as of -i,ht2 in addition to the elected deputies2 p-o.ided that he has not
been con.icted of any of the c-i0es -efe--ed to in pa-a,-aph 1 of (-ticle
?6.
(-ticle >1
Te-0 of Office and Elections
#. Each le,islatu-e shall be elected fo- a pe-iod of fi.e yea-s sta-tin, f-o0
the p-ocla0ation of the electo-al -esults. (ny 0odification of this te-0 of
office shall ha.e no effect on the du-ation of the le,islatu-e du-in, which
such decision is ta;en.
1. The date fo- the elections to the new (sse0bly shall be fi6ed by the
-esident of the !epublic and shall ta;e place du-in, the last thi-ty days of
the le,islatu-e in session.
<. The new (sse0bly shall 0eet fo- the fi-st ti0e within thi-ty days of the
p-ocla0ation of the electo-al -esults.
(-ticle ><
$issolution of the (sse0bly
1. The (sse0bly 0ay be dissol.ed befo-e the end of its te-0 of office
by the -esident of the !epublic2 ha.in, hea-d the opinion of the -esident
of the (sse0bly2 whene.e- it cannot discha-,e its functions o- discha-,es
the0 in a 0anne- p-e:udicial to the no-0al e6e-cise of le,islati.e acti.ity.
1. By the sa0e dec-ee dissol.in, the (sse0bly2 the -esident of the
!epublic shall fi6 the date fo- the new elections2 and the elections shall
ta;e place within si6ty days of the dissolution.
<. No dissolution shall ta;e place du-in, the fi-st yea- in office of the
(sse0bly2 no- du-in, the last yea- in office of the -esident of the
!epublic.
=. The out,oin, (sse0bly shall -etain its powe-s in all cases until the
p-ocla0ation of the electo-al -esults fo- the new (sse0bly.
(-ticle >=
"essions of the (sse0bly
1. The (sse0bly shall hold two annual sessions co00encin,2
-especti.ely2 in the 0onths of (p-il and Octobe- .
1. The (sse0bly 0ay be con.ened in e6t-ao-dina-y session by its
-esident2 o- on the -e8uest of the -esident of the !epublic2 o- of the
'o.e-n0ent2 o- of one fou-th of the deputies.
(-ticle >>
O-,ani9ation
1. (t its fi-st 0eetin,2 the National (sse0bly shall elect2 f-o0 a0on,
the deputies2 a -esident2 one o- 0o-e )ice7-esidents and the othe-
0e0be-s of the office of the -esidency.
1. &aw and o-de- in the (sse0bly shall be 0aintained by the
(sse0bly itself th-ou,h its -esident o- th-ou,h whoe.e- acts in his place2
in acco-dance with -ules o- p-ocedu-e.
<. The 0eetin,s 04 the (sse0bly shall be public. #n e6ceptional cases
only2 the (sse0bly 0ay decide to 0eet in closed session on the 0otion of
its -esident2 o- at the -e8uest of the -esident of the !epublic2 o- of the
'o.e-n0ent2 o- of not less than thi-ty deputies.
=. The decision of the (sse0bly shall not .alid unless the absolute
0a:o-ity of the deputies2 not countin, the seats decla-ed .acant2 a-e
p-esent.
>. (ll decisions shall be ta;en by a .ote of the 0a:o-ity of those
p-esent e6cept when a special 0a:o-ity is -e8ui-ed by the Constitution o-
by law.
6. No p-oposal -e:ected by the (sse0bly 0ay be -e7int-oduced until
si6 0onths ha.e elapsed afte- the -e:ection.
(-ticle >6
a-ticipation of the *iniste-s and 5nde-7"ec-eta-ies of "tate
1. *iniste-s and 5nde-7"ec-eta-ies shall ha.e the -i,ht to attend the
0eetin,s of the (sse0bly and of the co00ittees and to ta;e pa-t in the
discussion. Officials and e6pe-ts2 at the
-e8uest of *iniste-s2 0ay also attend such 0eetin,s and be hea-d
1. *iniste-s and 5nde-7"ec-eta-ies shall be p-esent at the 0eetin,s if
-e8uested by the (sse0bly.
(-ticle >?
!ules of -ocedu-e
E6cept as othe-wise p-o.ided by the Constitution2 the conduct of
business in the (sse0bly shall be ,o.e-ned by -ules of p-ocedu-e
app-o.ed by the (sse0bly on the p-oposal of its -esident o- of at least
fi.e deputies.
(-ticle >@
$eputies
1. E.e-y deputy -ep-esents the people and shall e6e-cise his functions
without bein, bound by any 0andate.
1. 5pon assu0in, his functions2 each deputy shall ta;e the followin,
oath of loyalty to the "tate befo-e the (sse0bly/ I#n the na0e of 'od2 #
swea- that # will discha-,e faithfully all 0y duties in the inte-est of the
people and will abide by the Constitution and the lawsJ.
<. $eputies shall not be p-osecuted fo- facts 0entioned2 opinions
e6p-essed o- .otes cast in the e6e-cise of thei- functions.

=. Fithout the autho-i9ation of the (sse0bly2 no c-i0inal
p-oceedin,s shall be instituted a,ainst a deputy2 no- shall a
deputy be a--ested o- othe-wise dep-i.ed of pe-sonal libe-ty no- shall his
pe-son o- do0icile be sub:ected to sea-ch2 e6cept in case of flagrante
delicto fo- a c-i0e in -espect of which a wa--ant o- o-de- of a--est is
0andato-y2 no- shall he be placed unde- a--est o- detention in e6ecution of
a sentence2 e.en whe-e it has beco0e final.
>. #n cases othe- than those in.ol.in, c-i0inal p-oceedin,s2 an action
0ay be ta;en a,ainst a deputy in acco-dance with law2 without
autho-i9ation of the (sse0bly.
6. $eputies in office shall be entitled to the e0olu0ents and daily
sittin, allowances fi6ed by law.
(-ticle >9
$ecisions on the )alidity of the Kualifications of $eputies
1. The "up-e0e Cou-t shall ha.e :u-isdiction o.e- petitions
challen,in, the 8ualifications of deputies.
1. etitions2 statin, the ,-ounds the-eof2 0ay be filed by any citi9en2
who is a .ote-2 within thi-ty days of .the p-ocla0ation of the electo-al
-esults o- of the occu--ence of the cause of inco0patibility o- ineli,ibility.
<. The "up-e0e Cou-t shall ,i.e a decision within ninety days f-o0
the date of e6pi-y of the ti0e7li0it fi6ed fo- the filin, of petitions.
=. Fhe-e a deputy ceases to e6e-cise his functions2 his seat shall be
decla-ed .acant by the (sse0bly and shall be filled in the 0anne-
p-esc-ibed by law/
"ECT#ON ##
Pre*!r!tio' o+ L!(# !'& Other F%'tio'#
o+ the N!tio'!" A##e)b"y
(-ticle 60
-esentation and $iscussion of $-aft &aws
1. Each deputy2 the 'o.e-n0ent o- at least 102000 .ote-s2 shall ha.e
the -i,ht to p-esent d-aft laws to the National (sse0bly.
1. The e6e-cise of popula- initiati.e shall be ,o.e-ned by law2 and
shall not pe-tain to 0atte-s of ta6ation.
<. -io- to the discussion in the (sse0bly2 e.e-y d-aft law shall be
e6a0ined by a pa-lia0enta-y co00ittee which shall p-esent one o- 0o-e
-epo-ts the-eon to the (sse0bly.
=. The (sse0bly shall discuss each d-aft law in acco-dance with the
-ules of p-ocedu-e. #t shall .ote on it a-ticle by a-ticle2 and in the end it
shall .ote on the d-aft law as a whole.
(-ticle 61
-o0ul,ation and ublication
1. E.e-y law app-o.ed by the (sse0bly shall be p-o0ul,ated by the
-esident of the !epublic within si6ty days of its app-o.al.
1. Fhe-e the (sse0bly decla-es2 by an absolute 0a:o-ity of its
0e0be-s2 that the-e is an u-,ent need2 a law shall be p-o7
0ul,ated within the ti0e7li0it fi6ed by the (sse0bly2 p-o.ided that such
ti0e7li0it shall not be less than fi.e days.
<. Fithin the pe-iod fi6ed fo- p-o0ul,ation2 the -esident of the
!epublic 0ay t-ans0it to the (sse0bly a 0essa,e2 statin, the ,-ounds
the-eof2 -e8uestin, that the law be -econside-ed.
=. Fhe-e the (sse0bly app-o.es such law a,ain by a two7thi-d
0a:o-ity2 the -esident of the !epublic shall p-o0ul,ate it within thi-ty
days of the app-o.al.
>. E.e-y law app-o.ed by the (sse0bly and p-o0ul,ated by the Head
of the "tate shall be published in the Official Bulletin and shall co0e into
fo-ce on the fifteenth day followin, its pub7 lication2 unless the law
p-o.ides othe-wise.
(-ticle 61
$ele,ation of &e,islati.e owe-
1. The (sse0bly 0ay dele,ate to the 'o.e-n0ent the powe- to issue2
on specified sub:ects o- 0atte-s and fo- a li0ited pe-iod2 p-o.isions ha.in,
the fo-ce 04 law. #n dele,atin, autho-ity2 the (sse0bly 0ay establish the
policy and issue di-ecti.es.
1. -o.isions 0ade unde- a dele,ated powe- shall be issued by dec-ee
of the -esident of the !epublic on p-oposals app-o.ed by the Council of
*iniste-s.
(-ticle 6<
$ec-ee7&aws
1. #n a case of u-,ent necessity2 the 'o.e-n0ent 0ay issue te0po-a-y
p-o.isions ha.in, the fo-ce of law. "uch p-o.isions shall be issued by
dec-ee of the2 -esident of the !epublic2 on
p-oposals app-o.ed by the Council of *iniste-s2 and shall2 within fi.e
days f-o0 the date of thei- publication2 be p-esented to the National
(sse0bly fo- con.e-sion into law.
1. #f in session2 the (sse0bly shall decide on thei- con.e-sion into
law within thi-ty days of the date of p-esentation3 if not in session2 it shall
decide within thi-ty days of its fi-st subse8uent 0eetin,.
<. -o.isions which a-e not con.e-ted into law shall cease to ha.e
effect ab initio3 the (sse0bly 0ay2 howe.e-2 decide that such effect shall
cease on a diffe-ent date and 0ay -e,ulate the le,al conse8uences a-isin,
f-o0 the non7con.e-sion of such p-o.isions.
(-ticle 6=
(0nesty and #ndult
1. The powe- of ,-antin, a0nesty and indult 0ay be dele,ated to the
-esident of the !epublic by a law app-o.ed by the (sse0bly2 by a two7
thi-d 0a:o-ity of the deputies.
1. (0nesty and indult 0ay not be ,-anted in -espect of offences
co00itted afte- the p-esentation of the d-aft law on the dele,ation of
powe-s.
(-ticle 6>
Ta6ation and E6penditu-e
1. The i0position2 0odification and abolition of ta6es shall be
effected only by law.
1. &aws in.ol.in, new o- la-,e- "tate e6penditu-e2 shall specify the
0eans fo- 0eetin, such e6penditu-e.
<. #n the case of an e6penditu-e to continue fo- 0o-e than one yea-2
the 0eans to 0eet it 0ay be li0ited to the bud,et fo- the cu--ent yea-.
(-ticle 66
Bud,et and (nnual (ccounts
1. The (sse0bly shall app-o.e each yea- the esti0ated bud,et2 which
shall be p-esented by the 'o.e-n0ent at least two 0onths befo-e the end
of the financial yea-.
1. The law app-o.in, the bud,et 0ay not establish new fiscal cha-,es
and new e6penditu-es.
<. -o.isional application 04 the bud,et 0ay be autho-i9ed by law fo-
pe-iods not e6ceedin, th-ee 0onths in toto.
=. Fithin the fi-st si6 0onths of each financial yea-2 the 'o.e-n0ent
shall p-esent to the (sse0bly2 fo- app-o.al2 the (nnual (ccounts -elatin,
to the p-e.ious financial yea-.
(-ticle 6?
#nte-national T-eaties
The (sse0bly shall autho-i9e by law the -atification of political2
0ilita-y and co00e-cial inte-national t-eaties o- of t-eaties which in.ol.e
a 0odification of the law o- financial co00it0ents not included in the
bud,et.
(-ticle 6@
"tate of Fa-
The (sse0bly shall autho-i9e the decla-ation of a state of wa- and
confe- on the 'o.e-n0ent the necessa-y powe-s.
(-ticle 69
owe- of #n.esti,ation of the (sse0bly
1. Each deputy shall ha.e the -i,ht to put 8uestions o- to sub0it
inte-pellations to the 'o.e-n0ent and to p-opose 0otions to the
(sse0bly. The 'o.e-n0ent shall -eply within twenty days.
1. The (sse0bly 0ay o-de- in.esti,ations th-ou,h co00ittees
consistin, of deputies f-o0 all pa-lia0enta-y ,-oups2 in o-de- to
in.esti,ate occu--ences o- situations of public inte-est. Fhen it decides to
o-de- such an in.esti,ation the (sse0bly shall establish2 within the li0its
of the Constitution2 the powe-s of the co00ittee3 it 0ay also appoint
e6pe-ts to co7ope-ate with the co00ittees.
T#T&E ##
The Pre#i&e't o+ the Re*%b"i
(-ticle ?0
Election
1. The -esident of the !epublic shall be the Head of the "tate and
-ep-esent the unity of the nation.
1. The -esident of the !epublic shall be elected2 by sec-et ballot2 by
the National (sse0bly2 with a 0a:o-ity of two thi-ds of its 0e0be-s on the
fi-st and second ballots2 o- by an absolute 0a:o-ity of its 0e0be-s in
subse8uent ballots.

<. On assu0in, his functions2 the -esident of the !epublic shall ta;e
the followin, oath of loyalty to the "tate befo-e the
National (sse0bly/ I#n the na0e of 'od # swea- that # will discha-,e
faithfully all 0y duties as -esident of the !epublic and defend the
Constitution with all 0y st-en,th in the inte-est of the Count-y and the
NationJ.
(-ticle ?1
Kualifications fo- Eli,ibility
1. (ny *usli0 citi9en whose fathe- and 0othe- a-e both o-i,inal
citi9ens2 and who has the -i,ht to .ote and is not less than fo-ty fi.e yea-s
of a,e2 shall be eli,ible to .beco0e -esident of the !epublic. ( pe-son
shall not be elected consecuti.ely fo- 0o-e than two te-0s.
1. The -esident of the !epublic shall not ha.e been 0a--ied to2 no-
shall he 0a--y du-in, his te-0 of office2 any wo0an who is not an o-i,inal
citi9en.
<. The -esident of the !epublic du-in, his te-0 of office shall not
e6e-cise any othe- public function2 e6cept the -i,ht to .ote2 no- shall he
en,a,e in any p-ofessional2 co00e-cial2 indust-ial o- financial acti.ity.
(-ticle ?1
Te-0 of Office
1. The te-0 of office of the -esident of the !epublic shall be si6
yea-s f-o0 the date of his ta;in, the oath. (ny 0odification of this pe-iod
shall not apply to the -esident in office.
1. The -esident of the National (sse0bly shall fi6 the date fo- the
election of the new -esident of the !epublic. The
election shall ta;e place within thi-ty days p-io- to the e6pi-y of the te-0 of
office of the -esident of the !epublic.
<. Fhe-e the National (sse0bly is dissol.ed o- whe-e its te-0 is due
to e6pi-e within less than th-ee 0onths2 the election of the -esident shall
ta;e place within thi-ty days followin, the fi-st 0eetin, of the new
(sse0bly. $u-in, that pe-iod the -esident in office shall continue in
powe-.
(-ticle ?<
E0olu0ents and Establish0ent of the
-esident of the !epublic
The e0olu0ents of the -esident of the !epublic and the a0ount
-e8ui-ed fo- his establish0ent shall be fi6ed by law.
(-ticle ?=
$isability2 !esi,nation2 $eath
1. #n case of death2 -esi,nation2 o- pe-0anent disability of the
-esident of the !epublic2 the National (sse0bly shall 0eet within thi-ty
days to elect a new -esident of the !epublic.
1. 5ntil the election p-o.ided fo- in the p-ecedin, pa-a,-aph has
ta;en place and in cases when the powe-s of the -esident in office ha.e
been suspended unde- (-ticle ?62 as well as in all cases of te0po-a-y
disability2 the functions of the -esident shall be te0po-a-ily e6e-cised
with full le,al effect by the -esident of the National (sse0bly2 o-2 in his
absence2 by the 0ost senio- )ice7-esident.
<. #n case of -esi,nation2 the -esident of the !epublic shall ,i.e
w-itten notice the-eof to the National (sse0bly.
(-ticle ?>
owe-s and $uties
The -esident of the !epublic shall e6e-cise the functions
confe--ed upon hi0 by the Constitution and by law2 in the le,islati.e2
e6ecuti.e and :udicial fields. #n addition2 he shall/
aC autho-i9e the p-esentation to the National (sse0bly of d-aft
le,islation o-i,inatin, with the 'o.e-n0ent3
bC add-ess 0essa,es to the National (sse0bly3
cC ,-ant pa-don and co00ute sentences3
dC acc-edit and -ecei.e diplo0atic a,ents3
eC -atify inte-national t-eaties2 afte- p-e.ious autho-i9ation f-o0 the
National (sse0bly2 whe-e -e8ui-ed3
fC be the co00ande-7in7chief of the (-0ed %o-ces3
,C decla-e a state of wa- afte- autho-i9ation f-o0 the National
(sse0bly in acco-dance with (-ticle 6@3
hC confe- "tate honou-s.
(-ticle ?6
!esponsibility
1. The -esident 04 the !epublic shall not be -esponsible fo- acts
pe-fo-0ed in the e6e-cise of his functions2 e6cept fo- c-i0es of hi,h
t-eason o- atte0pts a,ainst the constitutional o-de-2 as p-o.ided by law.
1. The -esponsibility fo- acts of the -esident shall -est with the -i0e
*iniste- and the co0petent *iniste-s who subsc-ibe to the0.
<. #n case of hi,h t-eason o- atte0pts a,ainst the constitutional o-de-2
the -esident of the !epublic shall be i0peached by a decision of the
National (sse0bly ta;en on the 0otion of at least one fifth of its 0e0be-s
and app-o.ed by sec-et ballot by a 0a:o-ity of two thi-ds of the deputies3
he shall be t-ied by the "up-e0e Cou-t constituted as the Hi,h Cou-t of
Justice.
=. E6cept in the cases 0entioned in the p-ecedin, pa-a,-aph2 the
-esident of the !epublic shall not be t-ied fo- any penal offence e6cept
when the (sse0bly ,i.es its autho-i9ation2 app-o.ed by sec-et ballot by a
0a:o-ity of two thi-ds of the deputies.
>. (n app-o.al of i0peach0ent fo- hi,h t-eason o- fo- an atte0pt
a,ainst the constitutional o-de- o- an autho-i9ation to institute c-i0inal
p-oceedin,s fo- any othe- offence shall entail the auto0atic suspension of
the powe-s of the -esident.
T#T&E ###
The Go,er')e't
"ECT#ON #
Org!'i-!tio' o+ the Go,er')e't
(-ticle ??
E6ecuti.e owe-
The e6ecuti.e powe- shall be .ested in the 'o.e-n0ent.
(-ticle ?@
The 'o.e-n0ent
1. The 'o.e-n0ent shall be co0posed of the -i0e *iniste- and the
*iniste-s.

1. The 0eetin, of the -i0e *iniste- and the *iniste-s shall
constitute the Council of *iniste-s.
<. The -i0e *iniste- shall be appointed and dis0issed by the
-esident of the !epublic.
=. The *iniste-s shall be appointed and dis0issed by the -esident of
the !epublic on the p-oposal of the -i0e *iniste- .
>. Befo-e assu0in, thei- functions2 the -i0e *iniste- and the
*iniste-s shall ta;e the followin, oath of loyalty to the "tate befo-e the
-esident of the !epublic/ I#n the na0e of 'od # swea- that # will
discha-,e faithfully 0y duties in the inte-est of the people and will abide
by the Constitution and the laws.I
(-ticle ?9
5nde-7"ec-eta-ies of "tate
1. The *iniste-s 0ay be assisted by 5nde-7"ec-eta-ies of "tate who
shall be appointed and dis0issed by the -esident of the !epublic2 on the
p-oposal of the -i0e *iniste-2 ha.in, hea-d the Council of *iniste-s.
1. The 5nde-7"ec-eta-ies shall assist the *iniste-s and e6e-cise the
functions dele,ated to the0.
<. Befo-e assu0in, thei- functions2 the 5nde-7"ec-eta-ies shall ta;e
the followin, oath of loyalty to the "tate befo-e the -i0e *iniste-/ I#n the
na0e of 'od # swea- that # will discha-,e
faithfully 0y duties in the inte-est of the people and will abide by the
Constitution and the laws.L
(-ticle @0
Kualifications fo- (ppoint0ent of *iniste-s
and 5nde-7"ec-eta-ies
1. (ny citi9en possessin, the 8ualifications -e8ui-ed fo- election as a
deputy 0ay be appointed as *iniste- o- 5nde-7"ec-eta-y.

1. ( *iniste- o- 5nde-7"ec-eta-y2 du-in, his pe-iod in office2 shall
not e6e-cise any othe- public functions2 e6cept the e6e-cise of the -i,ht to
.ote and of the functions as deputy in the National (sse0bly2 no- shall he
en,a,e in p-ofessional2 co00e-cial2 indust-ial o- financial acti.ities. He
shall not di-ectly o- indi-ectly obtain the lease of2 o- pu-chase p-ope-ty
belon,in, to the "tate o- to public bodies2 e6cept fo- p-e0ises to be used
as his pe-sonal -esidence. He shall not2 fu-the-0o-e2 sell o- lease his own
p-ope-ty to the "tate o- to public bodies2 o- pa-ticipate in a pe-sonal
capacity in "tate ente-p-ises o- in ente-p-ises cont-olled by the "tate.
(-ticle @1
-esidency of the Council of *iniste-s and *inist-ies
1. The functions of the -esidency of the Council of *iniste-s as well
as the nu0be- and the functions of the *inist-ies shall be established by
law.
1. The o-,ani9ation of the -esidency of the Council of *iniste-s2 of
the *inist-ies and of subo-dinate offices shall be laid down in -e,ulations
issued by dec-ee of the -esident of the !epublic.

(-ticle @1
Confidence of the National (sse0bly
1. The 'o.e-n0ent shall obtain the confidence of the National
(sse0bly within thi-ty days of its fo-0ation. The 'o.e-n0ent shall
p-esent itself to the (sse0bly and -e8uest its confidence. "ubse8uently2
the 'o.e-n0ent 0ay as; the (sse0bly to e6p-ess its confidence at any
ti0e.
1. The National (sse0bly shall e6p-ess its confidence o- no7
confidence by 0eans of a 0otion2 statin, the ,-ounds the-eof2 app-o.ed by
a si0ple 0a:o-ity in open .ote.
<. ( 0otion of no7confidence2 statin, the ,-ounds the-eof2 0ay also
be p-oposed at any ti0e2 by at least ten deputies2 and shall be e6a0ined
not ea-lie- than fi.e days afte- its p-esentation. #n o-de- to be ca--ied2 it
shall -e8ui-e an absolute 0a:o-ity in open .ote.
=. 5pon a .ote of no7confidence by the (sse0bly2 all the 0e0be-s of
the 'o.e-n0ent shall -esi,n.
>. The -esi,nin, 'o.e-n0ent shall continue in office fo- the pu-pose
of ca--yin, out -outine duties until the appoint0ent of the new
'o.e-n0ent.
"ECT#ON ##
Ati,itie# o+ the Go,er')e't !'& S%bor&i'!te Org!'#
(-ticle @<
owe-s and !esponsibilities of the -i0e *iniste-
and the *iniste-s
1. The -i0e *iniste- shall di-ect the ,ene-al policy of the
'o.e-n0ent and shall be -esponsible the-efo-. He shall 0ain7
tain the unity of the 'o.e-n0entMs policy by co7o-dinatin, and p-o0otin,
the acti.ities of the *iniste-s.
1. The *iniste-s shall di-ect the affai-s within the co0petence of thei-
*inist-ies and shall be indi.idually -esponsible the-efo-.
<. The -i0e *iniste- and the *iniste-s shall be :ointly -es7 ponsible
fo- the acts of the Council of *iniste-s.
(-ticle @=
enal !esponsibility of the -i0e *iniste- and the *inist-ies
1. The -i0e *iniste- and the *iniste-s a-e -esponsible fo- offences
co00itted in the e6e-cise of thei- functions.
1. #n -espect of such offences2 the -i0e *iniste- and the *iniste-s
shall be i0peached on a decision of the National (sse0bly ta;en on the
0otion of at least one fifth of its 0e0be-s and app-o.ed by sec-et ballot
by a 0a:o-ity of two thi-ds of the deputies3 they shall be t-ied by the
"up-e0e Cou-t constituted as the Hi,h Cou-t of Justice.
<. E6cept as p-o.ided in the p-ecedin, pa-a,-aph2 no c-i0inal
p-oceedin,s shall be instituted a,ainst the -i0e *iniste- o- the *iniste-s2
e6cept by autho-i9ation of the (sse0bly2 app-o.ed by sec-et ballot by a
0a:o-ity of two thi-ds of the deputies.
=. The -i0e *iniste- o- a *iniste- co00itted fo- t-ial befo-e the
Hi,h Cou-t of Justice shall be auto0atically suspended f-o0 e6e-cisin, his
functions.
(-ticle @>
owe- to #ssue !e,ulations
!e,ulations shall he issued by dec-ee of the -esident of the
!epublic on p-oposals app-o.ed by the Council of *iniste-s.
The powe- to issue -e,ulations on specific 0atte-s 0ay be ,i.en by law to
othe- o-,ans 04 the "tate and to public bodies.
(-ticle @6
(d0inist-ati.e $ecent-ali9ation
Fhene.e- possible2 ad0inist-ati.e functions shall be decent-ali9ed
and pe-fo-0ed by the local o-,ans of the "tate and by public bodies.
(-ticle @?
(ppoint0ent of Hi,h Officials
Hi,h officials and co00ande-s o4 the 0ilita-y fo-ces specified by
law shall be appointed by the -esident 04 the !epublic2 on the p-oposal of
the co0petent *iniste- app-o.ed by the Council of *iniste-s.
(-ticle @@
Ci.il "e-.ants and ublic E0ployees
1. Ci.il se-.ants and public e0ployees shall e6e-cise thei- functions
in acco-dance with the law and solely in the public inte-est.
1. Ci.il se-.ants and public e0ployees 0ay not be leade-s of political
pa-ties.
<. The cate,o-ies of ci.il se-.ants and public e0ployees who shall
not belon, to political pa-ties o- en,a,e in othe- acti.ities inco0patible
with thei- functions shall be established by law.
=. (ny ci.il se-.ant o- public e0ployee who is on lea.e fo- any
-eason shall not be p-o0oted e6cept on ,-ounds of senio-ity.
>. The status of ci.il se-.ants shall be established by law.
6. (ppoint0ents to the pe-0anent establish0ent of the ci.il se-.ice
shall be 0ade only afte- a public co0petiti.e e6a0ination2 e6cept in the
cases p-o.ided by law.
(-ticle @9
Ci.il "e-.ice Co00ission
1. ( Ci.il "e-.ice Co00ission shall be established by a law which
shall p-o.ide fo- its co0position and powe-s.
1. The law establishin, the Ci.il "e-.ice Co00ission shall ,ua-antee
the independence of its functions.
"ECT#ON ###
A%.i"i!ry Bo&ie#
(-ticle 90
*a,ist-ate of (ccounts
1. The *a,ist-ate of (ccounts shall e6e-cise a p-io- cont-ol o.e- the
le,ality of 'o.e-n0ent acts in.ol.in, financial obli,ations and a post7
audit on the "tate bud,et.
1. The *a,ist-ate of (ccounts shall pa-ticipate2 in the 0anne-
specified by law2 in the cont-ol o.e- the financial 0ana,e0ent
of a,encies to which the "tate 0a;es a -e,ula- cont-ibution2 and of
a,encies to which the "tate 0a;es a substantial cont-ibution as an
e6t-ao-dina-y 0easu-e.
<. He shall -epo-t to the National (sse0bly on the -esults of his audit.
=. The law shall -e,ulate the o-,ani9ation of this o-,an and ,ua-antee
the independence of its functions3 it shall ensu-e that the o-,ans and
a,encies sub:ect to audit ha.e the -i,ht to be hea-d in any :udicial
p-oceedin, connected the-ewith.
(-ticle 91
National Econo0ic and &abou- Council
The National Econo0ic and &abou- Council shall be co0posed2 in
the 0anne- p-esc-ibed by law2 of e6pe-ts and -ep-esentati.es of cate,o-ies
of p-oduce-s of national wealth in p-opo-tion to thei- nu0e-ical st-en,th
and econo0ic i0po-tance.
#t shall be an ad.iso-y body to the National (sse0bly and to the
'o.e-n0ent in -espect of 0atte-s and functions assi,ned to it by law.
T#T&E #)
The $%&ii!ry
(-ticle 91
Judicial owe-
The :udicial powe- shall be .ested in the Judicia-y.
(-ticle 9<
#ndependence of the Judicia-y
The Judicia-y shall be independent of the e6ecuti.e and le,islati.e
powe-s.
(-ticle 9=
"up-e0e Cou-t
1. The "up-e0e Cou-t shall be the hi,hest :udicial o-,an of the
!epublic. #t shall ha.e :u-isdiction o.e- the whole te--ito-y of the "Tate in
ci.il2 c-i0inal2 ad0inist-ati.e and accountin, 0atte-s2 and in any othe-
0atte- specified by the Constitution and by law.
1. The o-,ani9ation of the "up-e0e Cou-t and of the othe- :udicial
o-,ans shall be established by law.
(-ticle 9>
5nity of the Judicia-y
1. No e6t-ao-dina-y o- special cou-ts shall be established.
1. The-e 0ay only be established2 as pa-t of the o-dina-y cou-ts2
speciali9ed sections fo- specific 0atte-s2 with the pa-ticipation2 whe-e
necessa-y2 of citi9ens who a-e e6pe-ts2 f-o0 outside the Judicia-y.
<. The :u-isdiction of *ilita-y T-ibunals in ti0e of wa- shall be
established by law. #n ti0e of peace2 they shall ha.e :u-isdiction
diction only in -espect of 0ilita-y offences co00itted by 0e0be-s of the
(-0ed %o-ces.DNote/ (s a0ended by &aw No.6 of <0 Janua-y 196<.E
=. The people shall pa-ticipate di-ectly in assi9e p-oceedin,s2 in the
0anne- p-esc-ibed by law.
(-ticle 96
Judicial 'ua-antees
1. #n the e6e-cise of thei- :udicial functions2 the 0e0be-s of the
Judicia-y shall be sub:ect only to law.
1. The -ules conce-nin, the le,al status and the appoint0ents of
0e0be-s of the Judicia-y shall be established by law.
<. *e0be-s of the Judicia-y shall not be -e0o.ed o- t-ansfe--ed
e6cept in the cases specified by law.
=. *e0be-s of the Judicia-y shall not hold offices2 pe-fo-0 se-.ices
o- en,a,e in acti.ities inco0patible with thei- functions.
>. (d0inist-ati.e and disciplina-y 0easu-es -elatin, to 0e0be-s of
the Judicia-y shall be adopted2 as p-o.ided by law2 by dec-ee of the
-esident of the !epublic2 on the p-oposal of the *iniste- of '-ace and
Justice2 ha.in, hea-d the Hi,he- Judicial Council.
(-ticle 9?
Judicial -ocedu-e
1. Judicial p-oceedin,s shall be public3 the cou-t 0ay decide2
howe.e-2 fo- -easons of 0o-als2 hy,iene o- public o-de-2 that the
p-oceedin,s be held in camera.
1. No :udicial decision shall be ta;en unless all the pa-ties ha.e had
on oppo-tunity of p-esentin, thei- case.
<. (ll :udicial decisions and all 0easu-es conce-nin, pe-sonal libe-ty
shall state the ,-ounds the-efo-2 and shall be sub:ect to appeal in
acco-dance with law.
=. The olice and (-0ed %o-ces shall be di-ectly a.ailable to the
:udicial o-,ans fo- the pe-fo-0ance of acts pe-tainin, to thei- functions.
(!T )
CONSTITUTIONAL GUARANTEES
Title #
Re,ie( o+ the Co'#tit%tio'!"ity o+ L!(#
(-ticle 9@
Constitutionality of &aws
1. &aws and p-o.isions ha.in, the fo-ce of law shall confo-0 to the
Constitution and to the ,ene-al p-inciples of #sla0.
1. #n the cou-se of a :udicial p-oceedin,2 the 8uestion of the
constitutionality of a law o- a p-o.ision ha.in, the fo-ce of law 0ay be
-aised2 as to the fo-0 o- substance2 by 0eans of a petition of the pa-ty
conce-ned o- of the Office of the (tto-ney 'ene-al2 o- by the cou-t on its
own 0otion2 whe-e the decision depends2 e.en thou,h pa-tially2 on the
application of the law o- p-o.ision bein, challen,ed.
<. Fhe-e a petition is p-esented by the pa-ty conce-ned o- by the
Office of the (tto-ney 'ene-al while the case is pendin, befo-e a cou-t of
fi-st o- second instance2 the cou-t2 whe-e it finds the petition not 0anifestly
unfounded2 shall suspend :ud,0ent and -efe- the 0atte- to the "up-e0e
Cou-t fo- a decision2 which shall be bindin, upon the fo-0e- cou-t.
=. Fhe-e a petition is p-esented while the case is pendin, befo-e the
"up-e0e Cou-t2 the "up-e0e Cou-t2 whe-e it finds the petition not
0anifestly unfounded2 shall suspend :ud,0ent and p-oceed acco-din, to
>. The sa0e p-ocedu-e shall apply whe-e the 8uestion 04
constitutionality is -aised by a cou-t 04 fi-st o- second instance2 o- b. the
"up-e0e Cou-t2 on thei- own 0otion.
(-ticle 99
Constitutional Cou-t
1. ( 8uestion of constitutionality shall be decided by the "up-e0e
Cou-t constituted as the Constitutional. Cou-t2 with the addition of two
0e0be-s appointed fo- a pe-iod of th-ee yea-s by the -esident of the
!epublic2 on the p-oposal of the Council of *iniste-s and two 0e0be-s2
elected fo- the sa0e pe-iod by the National (sse0bly by an absolute
0a:o-ity.
1. The 8ualifications of the additional 0e0be-s shall be p-esc-ibed by
law.
(-ticle 100
Jud,0ent
( decision of the "up-e0e Cou-t decla-in, that a. law o- a
p-o.ision ha.in, the fo-ce Mof law is unconstitutional shall be
co00unicated by the Cou-t to theN -esident of the !epublic2
the -esident of the National (sse0bly and the -i0e *iniste-2 and shall
be published in the 0anne- p-esc-ibed fo- the publication of laws.
T#T&E ##
Cri)i'!" Proee&i'g# Ag!i'#t the Pre#i&e't o+ the Re*%b"i
!'& the Me)ber# o+ the Go,er')e't
(-ticle 101
#0peach0ent
1. The a-ticles of i0peach0ent app-o.ed by the National (sse0bly
unde- (-ticle ?6 o- (-ticle @=2 shall specify the acts alle,ed to ha.e been
co00itted by the -esident of the !epublic o- any 0e0be- of the
'o.e-n0ent and thei- acco0plices2 if any.
1. The National (sse0bly shall appoint2 f-o0 a0on, its 0e0be-s2 o-
f-o0 outside2 one o- th-ee -osecutin, Co00issione-s who shall act as
ublic -osecuto- in p-oceedin,s befo-e the "up-e0e Cou-t constituted as
the Hi,h Cou-t of Justice.
(-ticle 101
Hi,h Cou-t of Justice
The "up-e0e Cou-t constituted as the Hi,h Cou-t of Justice shall
conduct the t-ials with si6 additional 0e0be-s2 d-awn by lot by the
-esident of the Cou-t at a public hea-in, f-o0 a special list of twel.e
citi9ens 8ualified fo- election as deputies. The twel.e citi9ens shall be
elected by the National (sse0bly at the be,innin, of each te-0 f-o0
a0on, pe-sons who a-e not 0e0be-s of the (sse0bly.
(-ticle 10<
O-,ani9ation
1. The p-o.isions ,o.e-nin, p-oceedin,s befo-e the "up-e0e Cou-t
constituted as the Constitutional Cou-t o- the Hi,h Cou-t of Justice shall
be laid down by law.
1. The Cou-t shall establish its own -ules of cou-t fo- the hea-in,s.
T#T&E ###
A)e'&)e't# to the Co'#tit%tio'
(-ticle 10=
(0end0ents and (dditions to the Constitution
(0end0ents o- additions to the p-o.isions of the Constitution
shall be decided by the National (sse0bly on the p-oposal of at least one
fifth of its 0e0be-s2 o- of the 'o.e-n0ent2 o- of 102000 .ote-s2 by two
successi.e ballots held at an inte-.al of not less than th-ee 0onths2
app-o.al the-eof -e8ui-in, an absolute 0a:o-ity of the deputies on the fi-st
ballot and a two thi-d 0a:o-ity on the second ballot.
(-ticle 10>
&i0its on (0end0ents to the Constitution
The Constitution shall not be a0ended unde- the te-0s of the
p-ecedin, a-ticle fo- the pu-pose of 0odifyin, the -epublican and
de0oc-atic fo-0 of ,o.e-n0ent o- fo- -est-ictin, the funda0ental -i,hts
and f-eedo0s 04 the citi9en and of 0an ,ua-anteed by the Constitution.
T!(N"#T#ON(& (N$ %#N(& !O)#"#ON"
#
T-ansitional E6e-cise of owe-s
1. 5ntil the appoint0ent of the -o.isional -esident of the !epublic2
which shall ta;e place not late- than 1 July 19602 the powe-s and functions
.ested by the Constitution in the -esident of the !epublic shall be
e6e-cised by the -esident of the &e,islati.e (sse0bly actin, as
-o.isional -esident of the !epublic2 with the e6ception of the powe-
specified in pa-a,-aph 1 of (-ticle ><.

He shall p-o0ul,ate this Constitution.
1. #00ediately afte- si,nin, the (ct of 5nion of the two "o0ali
Te--ito-ies A"o0alia and "o0ali#andC2 the new National (sse0bly shall
elect2 in the 0anne- specified in pa-a,-aph 1 of (-ticle ?02 a -o.isional
-esident of the !epublic2 who shall -e0ain in office until the election of
the fi-st -esident o- of the othe- -o.isional -esident p-o.ided fo- in
pa-a,-aph 1 of p-o.ision No. #).
##
-o.isional -esident
The -o.isional -esident shall e6e-cise all the powe-s .ested by
the Constitution in the -esident of the !epublic2 with the e6ception of the
powe- specified in (-ticle ><2 and shall2 by dec-ee2 fi6 the date of the
-efe-endu0 p-o.ided fo- in the followin, p-o.isions.
###
Ent-y into %o-ce of the Constitution and !efe-endu0
1. This Constitution shall p-o.isionally co0e into fo-ce on 1 July
1960 and shall2 within one yea- of such date2 be sub0itted to a popula-
-efe-endu0 in which all the .ote-s shall be called upon to pa-ticipate.
1. (ll .ote-s shall ha.e the -i,ht to e6p-ess thei- app-o.al o-
disapp-o.al of the Constitution in a f-ee2 di-ect and sec-et 0anne- and in
acco-dance with a special law to be issued on the -efe-endu0.
<. The -e,ula-ity of the -efe-endu0 ope-ations shall be confi-0ed by
the "up-e0e Cou-t2 which shall decide on this 0atte- not less than ten no-
0o-e than thi-ty days afte- the closu-e of the .otin,. The "up-e0e Cou-t
shall also decide on any co0plaint o- appeal which 0ay be p-esented2 and
such decision shall be final.
On ,i.in, the confi-0ation o-de-2 the Cou-t shall also p-oclai0 the
-esults of the -efe-endu02
=. #n case of non7confi-0ation2 a new -efe-endu0 shall be held within
th-ee 0onths of the date of the Cou-tMs decision.
#)
!esults of the !efe-endu0
1. #f the -esults of the -efe-endu0 a-e cont-a-y to the adoption of this
Constitution2 the National (sse0bly shall2 within fifteen days of the
p-ocla0ation of the -esults by the "up-e0e Cou-t2 elect a new -o.isional
-esident of the !epublic and decla-e the p-e.ious one to be no lon,e- in
office3 the Constituent (sse0bly shall the-eupon p-o.ide fo- the adoption
of a new Constitution2 which shall be sub0itted3 to a -efe-endu0 within
si6 0onths followin, the appoint0ent of the new p-o.isional -esident.
1. #f the -esults of the -efe-endu0 a-e fa.ou-able2 this Constitution
shall be conside-ed final and2 within fifteen days2 the National (sse0bly
shall elect the -esident of the !epublic in acco-dance with this
Constitution.
)
%inal -o.ision
1. 5ntil the p-ocla0ation of the -esult of the -efe-endu02 the te6t of
the Constitution shall be posted at town halls and at the offices of the
$ist-ict Co00issione-s of the !epublic so that e.e-y citi9en 0ay beco0e
ac8uainted with it.
1. The Constitution shall be faithfully obse-.ed as the funda0ental
law of the !epublic by all the o-,ans of the "tate and by all pe-sons unde-
its so.e-ei,nty.
The Constitution2 e0bossed with the "tateOs seal2 shall be included
in the Official Co0pilation of laws and $ec-ees of the "o0ali !epublic.
*o,adishu2 1 July 1960.
($EN (B$5&&( O"*(N
-esident of the &e,islati.e (sse0bly
(B$5&&(H# #""( *OH(*5$
-i0e *iniste-
*OH(*E$ "CEG '(B#O5
*iniste- fo- the Constitution
"CEG *OH(*5$ *OH(*E$ %(!(H
*iniste- of '-ace and Justice