Documents

Memorandum of Understanding
between
The Ministry of Constitutional Affairs, the Oversight Committee, The Independent Constitutional Review and Implementation Commission
March 8, 2015

The purpose of this agreement is to define the collaboration between the Ministry of Constitutional Affairs, Oversight Committee of the House of People and the Independent Constitutional Review and Implementation Commission in drafting of the Constitution. The scope of this agreement is defined by the Provisional Constitution, particularly Articles 133 and 134 and the Review and Implementation Commission Act No. 119 of 3rd July 2013

The Provisional Constitution and the Review and Implementation Commission Act shall be the main source of reference in the process of implementation for this MOU.

Guiding Principles

All parties agree that the legitimacy and credibility of the process for the review and implementation of constitution must honor the following principles:

  1. Somali Ownership: The parties to this agreement share the deep conviction that the Constitution must be an expression of the aspiration of the people of Somalia. All parties commit to ensure that the ownership of the Constitution lies with the people of Federal Republic of Somalia and that the process is conducted in the Somali language;
  2. Inclusion: The Somali people shall be consulted and given an opportunity to express their opinions directly and through their political representatives in the Federal Parliament, at the level of Federal Member States and Interim Regional Authorities, and civil society structures.
  3. Transparency: The parties shall conduct all proceedings and decision making in a transparent manner and ensure that proceedings and hearings are made accessible to all. All consultations shall be conducted in a way that is open to the input from all segments of society;
  4. Participation: The parties commit themselves to a broad public participation process in which the Somali people are consulted;
  5. Accountability: The parties shall be accountable to the Somali people and to the Parliament in terms of both the implementation of the process and the outcomes it achieves;
  6. Collaboration and coordination: The parties agree that both the effectiveness and the efficiency of the process and its outcomes depend on the level of collaboration and coordination achieved.  The parties commit to working collaboratively and to implement this process in a coordinated way;
  7. Integrity: The parties agree to exercise their powers and perform their functions in a manner that does not encroach on the functions or institutional integrity of the other parties.

Shared Commitment and Obligations

This agreement is based on a shared commitment and obligations to undertake the followings:

  1. Preserve the unity, national integrity and peace of the Somali Federal Republic;
  2. Secure the interests and well-being of the people of the Somali Republic;
  3. Provide effective, transparent, accountable and coherent constitutional review process.
  4. Adhere to the Provisional Constitution and the Review and Implementation Commission Act and other relevant laws pertaining to the process.
  5. Respect the constitutional and legal status of all public institutions.
  6. Not to assume any powers or functions except those conferred on them in terms of the Provisional Constitution and the Review and Implementation Commission Act 3rd July 2013 to avoid any conflict and constitutional violation.
  7. Collaboration, consultation and support based on mutual trust and good faith by adhering to agreed principles, provision and procedures.


President of the Federal Republic of Somalia

The role of the President is to act as “promoter and guardian” of the Constitution and sure that the process of constitutional review and implementation adheres to the normatives of the Provisional Constitution and related laws.

 

Roles and Responsibilities of the Ministry of Constitutional Affairs

 

The Ministry of Constitutional Affairs representing the Federal Government of Somalia has the following Roles and Responsibilities:

 

  1. To facilitate the creation of conditions that enable and ensure the effective implementation and transparent process of the constitutional review and implementation that entails;
  2. Promoting and facilitating political and public consultations vis-à-vis the tasks of the Review and Implementation of the constitution with the member states of the Federal Government, the Interim Regional Authorities and other Regional Administrations that come under the Federal Government as well as the political, social and cultural organizations and the Somali society in general in order to devise and open transparent and inclusive atmosphere of the Constitutional Review Process in collaboration with the Parliamentary Oversight Committee and the Independent Constitutional Review and Implementation Commission.
  3. Plan and raise the necessary resources both from the government and the international Donors in consultation with the Oversight Parliamentary Committee and the Independent Constitutional Review and Implementation Commission
  4. Ensure the organization and provision of the financial and technical resources required to enable the constitutional review process to become fully operational in consultation with the Oversight Committee and Independent Constitutional Review and Implementation Commission
  5. Providing the overall necessary organizational facilitation of the smooth execution of tasks throughout the period of the review and implementation process of the constitution and strengthen the coordination of all institutions that are involved in the constitutional Review process.
  6. Promotion and creation of the conditions and atmosphere that enables collaboration and mutual support among the most important entities and institutions of the constitutional review process.
  7. Facilitate the public awareness and other civic education programs in coordination with the Independent Constitutional Review and Implementation Commission and the Parliamentary Oversight Committee as stipulated in article 132(6).
  8. Ensure the harmonization of the official common position of the institutions of the Federal Government in the Constitutional Review and Implementation process.
  9. Facilitate the conditions that enable the creation of appropriate political environment for the preparation and execution of a public referendum on the constitution.
  10. Draft and implement a national referendum law which lays the foundations for conducting a referendum to endorse the constitution


Roles and Responsibilities of the Parliamentary Oversight Committee

The Oversight Committee of the Federal Parliament shall fulfil its responsibilities and obligations in accordance with Articles 133 and 134 of the Provisional constitution and Articles 15, 17 and 20 of the Review and Implementation Commission Legislative Act. These include:

  1. Oversee, direct and approve the work of the Independent Constitutional Review and Implementation Commission in accordance with the Provisional Constitution and the Review and Implementation Commission Legislative Act.
  2. Assign drafting projects and instructions to the Review and Implementation Commission in a sequential order to ensure consistency and coherence of the draft constitution;
  3. Internally review a draft constitutional amendment or draft bill and the accompanying report, received from the Independent Review and Implementation Commission;
  4. Inform the public of the contents of the proposal and the report submitted by the Independent Constitutional Review and Implementation Commission;
  5. Ensure that adequate opportunity is provided for public debate, as far as possible;
  6. Consult with members of the Federal Parliament for deliberation and guidance;
  7. Engage Federal Member States legislatures, Interim Regional Administrations and other regional authority’s legislatures under the Federal Government.
  8. Manage independently resources allocated to its activities in accordance with financial and administrative regulations of the Federal Government of Somalia.
  9. The Ministry of Constitutional Affairs, the Parliamentary Oversight Committee and the Independent Constitutional Review and Implementation Commission shall collaborate on public outreach and societal participation.

 

Roles and Responsibilities of the Independent Constitutional Review and Implementation Commission

The Independent Constitutional Review and Implementation Commission shall fulfil its responsibilities and obligations in accordance with Articles 133 and 134 of the Provisional constitution and Article 12 of Review and Implementation of Commission Act of 3rd July 2013. These include:

  1. As the Oversight Committee may direct, draft a proposed constitutional amendment in terms of Schedule One (C), or a proposed bill as mentioned in Schedule One (D), or as otherwise required pursuant to the outcomes of the National Constituent Assembly;
  2. Prepare a research report to accompany proposed amendments or bills, which will prescribe amendment proposals that will ameliorate the legal content of constitutional articles or bills proposed for amendments.
  3. Accomplish the necessary legal and factual research required as basis to fulfil these tasks. Page 4 of 4
  4. Submit the completed proposed amendments or draft bills accompanied by the report to the Oversight Committee;
  5. Report every three (3) months to the Oversight Committee, or upon its request, on progress in the review and implementation process of this Constitution and any related impediments.
  6. Manage independently resources allocated to its activities in accordance with financial and administrative regulations of the Federal Government of Somalia.
  7. Subject to budgetary limitations, employ staff and experts sufficient to accomplish its duties.
  8. The Ministry of Constitutional Affairs, the Oversight Committee and the Independent Constitutional Review and Implementation Commission shall collaborate on public outreach and societal participation.


Referral Forum

  1. The President, the Speaker, and the Prime Minister together will be the ultimate resort.
  2. The Minister of Constitutional Affairs, the Chairperson of the Oversight Committee and the Chairperson of the Independent Constitutional Review and Implementation Commission have the right to present a joint suggestion requesting the referral forum to coordinate, facilitate and grant the smooth running and effectiveness of the constitutional review process.

NB: The MoU version written in Somali language is the base and official one.

Signed by:

Chairperson of the Parliamentary                                         Chairperson of the Independent
Oversight Committee                                                          Constitutional Review and
Implementation Commission

     Hon. Mariam Arif Kasim                                                          Hon. Asha Gelle Dirie

___________________________                                        ___________________________

Minister of Constitutional Affairs

Hon. Hussein Mohamud Sheik Hussein

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