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) Every person has the right to own, use, enjoy, sell, and transfer property.
(2) The state may only compulsorily acquire property if doing so is in the public interest. Any
person whose property has been acquired in the name of the public interest has the right to just
compensation from the State as agreed by the parties or decided by a court
Every person has the right to healthcare, and no one may be denied emergency healthcare for any reason, including lack of economic capability.
Every person has the right to full social security
(1) Every child has the right to a good and righteous name and a nationality from birth.
(2) Every child has the right to be protected from mistreatment, neglect, abuse, or degradation.
(3) No child may perform work or provide services that are not suitable for the child’s age or create a
risk to the child’s health or development in any way.
(4) Every child may be detained only as a last resort, for a limited time, in appropriate conditions, and
must be detained separately from adults with the exception of the child’s immediate family. The
child’s immediate family must be informed of the child’s detention as soon as practicable.
(5) Every child shall have the right to legal aid paid for by the State if the child might otherwise suffer
injustice.
(6) Every child has the right to be protected from armed conflict, and not to be used in armed conflict.
(7) In every matter concerning a child, the child’s best interests are of paramount importance.
(8) In this Article a “child” is defined as any person under 18 years of ag
The State shall promote higher education, technical institutes, and technology and research
institutions.
(1) Education is a basic right for all Somali citizens.
(2) Every citizen shall have the right to free education up to secondary school.
Every person has the right to a fair public hearing by an independent and impartial court or tribunal, to be held within a reasonable time, and to determine:
(a) Any question of civil rights and obligations; or
(b) Any criminal charge
Redress of violations of human rights must be available in courts that the people can readily access.
The law shall provide for adequate procedures for redress of violations of human rights.
(1) Land is Somalia’s primary resource and the basis of the people’s livelihood.
(2) Land shall be held, used and managed in an equitable, efficient, productive and sustainable manner.
(3) The Federal Government shall develop a national land policy that shall be subject to constant
review. That policy shall ensure:
(a) Equity in land allocation and the use of its resources;
(b) The guarantee of land ownership and registration;
(c) That land is utilised without causing harm to the land;
(d) That any land and property dispute is resolved promptly and satisfactorily for all;
(e) That the amount of land that a person or a company can own is specified;
(f) That the land and property market is regulated in a manner that prevents violations of the
rights of small land owners;
(g) That the Federal Member States may formulate land policies at their level.
(4) No permit may be granted regarding the permanent use of any portion of the land, sea or air of
the territory of the Federal Republic of Somalia. The Federal Parliament shall enact a law regulating
the size, timeline and conditions of permits of land use.
(5) The Federal Government, in consultation with the Federal Member States and other stakeholders,
shall regulate land policy, and land control and use measures