The Transitional Federal Charter of the Somali Republic (TFC) was the principle organizing document of

Somalia Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constitut ...

. Written and approved in February 2004, it represented one of the

Transitional Federal Institutions The transitional federal institutions of Somalia are the key government foundations created in October–November 2004 at a conference held in Nairobi, Kenya. They include the following: * Transitional Federal Charter (TFC) * Transitional Federal ...

(TFIs). The other TFIs included the Transitional Federal Parliament (TFP), which was the

legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...

branch, and the

Transitional Federal Government The Transitional Federal Government (TFG) ( so, Dowladda Federaalka Kumeelgaarka, ar, الحكومة الاتحادية الانتقالية) was internationally recognized as a provisional government of the Republic of Somalia from 14 October ...

(TFG), the TFI's

executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive di ...

wing. The TFC was distinct from the national

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...

, which was distinguished as a separate document (Chapter 4, Article 11, Section 3(a)). On 1 August 2012, an 825-member national constituent assembly approved a new provisional constitution by a landslide of 96% for the Federal Republic of Somalia.

Chapter 1

The Charter's first Chapter establishes the Transitional Federal Government as the

sovereign ''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or ...

government of Somalia (Article 1), and gives the government supremacy of law over the nation (Article 3). It defines Somalia in Article 3 as having the following borders:

(a) North;
Gulf of Aden The Gulf of Aden ( ar, خليج عدن, so, Gacanka Cadmeed 𐒅𐒖𐒐𐒕𐒌 𐒋𐒖𐒆𐒗𐒒) is a deepwater gulf of the Indian Ocean between Yemen to the north, the Arabian Sea to the east, Djibouti to the west, and the Guardafui Chann ...
.
(b) North West;
Djibouti Djibouti, ar, جيبوتي ', french: link=no, Djibouti, so, Jabuuti officially the Republic of Djibouti, is a country in the Horn of Africa, bordered by Somalia to the south, Ethiopia to the southwest, Eritrea in the north, and the Red ...
.
(c) West;
Ethiopia Ethiopia, , om, Itiyoophiyaa, so, Itoobiya, ti, ኢትዮጵያ, Ítiyop'iya, aa, Itiyoppiya officially the Federal Democratic Republic of Ethiopia, is a landlocked country in the Horn of Africa. It shares borders with Eritrea to the ...
.
(d) South south-west;
Kenya ) , national_anthem = " Ee Mungu Nguvu Yetu"() , image_map = , map_caption = , image_map2 = , capital = Nairobi , coordinates = , largest_city = Nairobi , ...
.
(e) East;
Indian Ocean The Indian Ocean is the third-largest of the world's five oceanic divisions, covering or ~19.8% of the water on Earth's surface. It is bounded by Asia to the north, Africa to the west and Australia to the east. To the south it is bounded by ...
.

Article 4 also stipulates that all disputes regarding inconsistencies between national laws and the Charter should be brought before the Supreme Court for adjudication.The Transitional Federal Charter of the Somali Republic
/ref>

Chapter 2

* Declares

Mogadishu Mogadishu (, also ; so, Muqdisho or ; ar, مقديشو ; it, Mogadiscio ), locally known as Xamar or Hamar, is the capital and List of cities in Somalia by population, most populous city of Somalia. The city has served as an important port ...

as the capital, and grants Parliament rights to pass laws over its governance (Article 5). * Defines the Flag of Somalia

flag A flag is a piece of fabric (most often rectangular or quadrilateral) with a distinctive design and colours. It is used as a symbol, a signalling device, or for decoration. The term ''flag'' is also used to refer to the graphic design empl ...

and

emblem An emblem is an abstract or representational pictorial image that represents a concept, like a moral truth, or an allegory, or a person, like a king or saint. Emblems vs. symbols Although the words ''emblem'' and '' symbol'' are often use ...

of Somalia (Article 6), which serve, along with the National Anthem and the Public Seal, as national symbols (Article 9). * Defines

Somali Somali may refer to: Horn of Africa * Somalis, an inhabitant or ethnicity associated with Greater Somali Region ** Proto-Somali, the ancestors of modern Somalis ** Somali culture ** Somali cuisine ** Somali language, a Cushitic language ** Somali ...

and

Arabic Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter ...

as the official national languages, and

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...

and

Italian Italian(s) may refer to: * Anything of, from, or related to the people of Italy over the centuries ** Italians, an ethnic group or simply a citizen of the Italian Republic or Italian Kingdom ** Italian language, a Romance language *** Regional Ita ...

as secondary languages (Article 7). * Defines

Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ...

as the national religion and

sharia Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...

as the basis of national legislation (Article 8).

Chapter 3

This chapter grants citizenship to all persons who were citizens of the Somali Republic at the time the Charter came into effect, and extends citizenship to all those who were born in the Somali Republic, or whose father is a citizen of the Somali Republic, so long as that did not conflict with other citizenships (Article 10).

Chapter 4

This Chapter defines the government as a

federation A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...

and describes the nature of the

federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...

. It defines the scope and structure of the republic as a hierarchy (Article 11): *

at the national level * State Governments where "two or more regions federate, based on their free will." * Regional Administrations * District administrations For example,

Puntland Puntland ( so, Puntland, ar, أرض البنط, it, Terra di Punt or ''Paese di Punt''), officially the Puntland State of Somalia ( so, Dowlad Goboleedka Puntland ee Soomaaliya, ar, ولاية أرض البنط الصومالية), is a F ...

would qualify as a State Government, if it choose to remain so organized within this structure. It also calls for a national

census A census is the procedure of systematically acquiring, recording and calculating information about the members of a given population. This term is used mostly in connection with national population and housing censuses; other common censuses inc ...

to be conducted and a new

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...

to be drafted by a Federal Constitution Commission, and for the Constitution to be approved by a national

referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...

. It also defines a Ministry of Federal and Constitutional Affairs to implement such affairs. Auxiliary organs are also called out:

auditor general An auditor general, also known in some countries as a comptroller general or comptroller and auditor general, is a senior civil servant charged with improving government accountability by auditing and reporting on the government's operations. Freq ...

attorney general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

, accountant general, and Governor of Central Bank (Article 12).

Chapter 5

This Chapter deals with a number of personal civil rights: * Human Rights & Dignity (Article 14) * Equality of the Citizens Before the Law (Article 15) * Right to Life, Personal Liberty and Security (Article 16) * Rights Relating to Legal Proceedings (Article 17) * Labour (Article 18) * Right to Assemble and Freedom to Strike (Article 19) * Freedom of Information and Media (Article 20) * Right to Establish Political Parties (Article 21) * Right to Establish Social Organizations (Article 22) * Political Asylum (Article 23) * Education (Article 24) * Protection of Family (Article 25) * Social Welfare (Article 26) * Economy (Article 27)

Chapter 6–10

The next several Chapters define the branches of government: * Chapter 6: Transitional Federal Parliament * Chapter 7:

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

* Chapter 8: Executive Branch & Ministers * Chapter 9:

Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

* Chapter 10: Security and Defense Forces

Chapters 11–14

These sections cover policies regarding administration of the country as a whole. * Chapter 11: This chapter delineates policies for Somalia's land, natural resources, and environment. * Chapter 12: Independent commissions and administrative committees * Chapter 13: International and bilateral relations

Chapter 15–16

These sections invest Parliament with the power to amend the Charter, state that anything not covered by the Charter is to be governed by the 1960 Somalia Constitution, and defines other factors of the transitional period.

Schedules

* Schedule I - Powers of the Transitional Federal Government * Schedule II - Powers of the State Governments * Schedule III - The reports of the five Reconciliation Committees of the Somali National Reconciliation Conference in Kenya 2002-2003. * Schedule IV - List of the delegates, political leaders and political groups.

References

External links

The Transitional Federal Charter of the Somali Republic

{{DEFAULTSORT:Transitional Federal Charter Of The Somali Republic Politics of Somalia Government of Somalia

2004 establishments in Somalia 2012 disestablishments in Somalia 2004 documents Transitional federal government of Somalia