Last Change:
06/02/2025
Constitution of Somalia
Year: 2012
Type: Domestic law
Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
Description
The Constitution of Somalia is the supreme law of the country, currently governed by the Provisional Constitution of 2012. It establishes Somalia as a federal, democratic, and Islamic republic, with Islam as the state religion. The constitution outlines a separation of powers among the executive, legislative, and judicial branches and provides for a federal system, recognizing the autonomy of member states.
Selected provisions
(1) Islam is the religion of the State.
(2) No religion other than Islam can be propagated in the country.
(3) No law which is not compliant with the general principles and objectives of Shari’ah can be
enacted.
(1) All citizens, regardless of sex, religion, social or economic status, political opinion, clan, disability,
occupation, birth or dialect shall have equal rights and duties before the law.
(2) Discrimination is deemed to occur if the effect of an action impairs or restricts a person’s rights,
even if the actor did not intend this effect.
(3) The State must not discriminate against any person on the basis of age, race, colour, tribe, ethnicity,
culture, dialect, gender, birth, disability, religion, political opinion, occupation, or wealth.
(4) All State programs, such as laws, or political and administrative actions that are designed to
achieve full equality for individuals or groups who are disadvantaged, or who have suffered from
discrimination in the past, shall not be deemed to be discriminatory.
A person may not be subjected to slavery, servitude, trafficking, or forced labour for any purpose
(4) Female circumcision is a cruel and degrading customary practice, and is tantamount to torture. The circumcision of girls is prohibited.
(5) Abortion is contrary to Shari’ah and is prohibited except in cases of necessity, especially to save the life of the mother.
Female circumcision is a cruel and degrading customary practice, and is tantamount to torture. The circumcision of girls is prohibited.
Every person has the right to personal security, this includes: the prohibition of illegal detention, all forms of violence, including any form of violence against women, torture, or inhumane treatment.
Every person has the right to personal liberty and security
Every person lawfully residing within the territory of the Federal Republic of Somalia has the right
to freedom of movement, freedom to choose their residence, and freedom to leave the country.
Every citizen has the right to choose their trade, occupation or profession freely.
(1) Every person has the right to fair labour relations.
(2) Every worker has the right to form and join a trade union and to participate in the activities of a trade union.
(3) Every worker has the right to strike.
(4) Every trade union or employers’ organization or employer has the right to engage in collective bargaining regarding labour-related issues.
(5) All workers, particularly women, shall have a special right of protection from sexual abuse, segregation and discrimination in the work place. Every labour law and practice shall comply with
gender equality in the work place.