Often though these decisions may have to be made and contested within a few days. The Somaliland Constitution does not allow for any other draft laws, whatsoever, to be implemented [17] in the country unless they have been passed by both Houses and signed into law by the President as set out in Article 74 to 78 of the Constitution. Also, the Regions and Districts Law [20] states that securing the general peace of the Regions of the Republic of Somaliland is the function of the central government and the Ministry of Internal Affairs is the main public authority that deals with public order issues. When the decision becomes final, a person may still appeal to the Supreme Court, which has exclusive jurisdiction [42] for dealing with administrative law suits against the final decisions of public bodies. The restriction in the Somaliland Constitution are only for national interests, security or conflict with the rights of others. Although the Public Order Law was issued at a time when human rights practices have not developed fully in the same way that they have done since, it did contain some checks and balances and was confined by the provisions of the Constitution. International human rights law and national laws [8] make it clear that this test is to be applied strictly.

It has often been contended, though, that the government continued to use the emergency decree for a long time afterwards and this formed one of the articles of impeachment [19] of the late President Egal in July when he was threatened with impeachment by 38 members of the House of Representatives. Every citizen shall have the freedom, in accordance with the law, to organise or participate in any peaceful assembly or demonstration. The defeat in the House of the articles of impeachment had no effect, what so ever, on the specific resolution relating to the Security Committees. A list of prohibited games [66] , authenticated by the Police shall be exhibited in licensed premises, such as hotels, boarding houses, restaurants, bars , tea and coffee shops Article Public entertainment premises require authorisation from the District Mayor. The Civil Code [68] , Articles 54 to 68, accepts associations which have legal personality [69] persone Giuridiche and sets out the conditions they have to meet to gain such a status Article 55 , such as a constitution, meetings, and dissolution [70]. Such authorisation will not, however, be given to a person who has been sentenced to imprisonment for not less than one year for a crime not committed with culpa [38] or where the person is subject to a security measure [39] or is declared a habitual or professional offender [40].

The Circular warns that all non-political and non-governmental organisations somall the civil society must concentrate on their own objects and must stay out of politics.


I used to think my life was so. These codes, which were mainly produced by a Consultative Commission for legislation [25]include the Penal Code [26] which was based on Italian Law and superseded the Indian Penal Code in Somaliland casai the Criminal Procedure Code [27] based on Somaliland law.

Recent public order issues in Somaliland. Formation of armed bodies not intended for the commission of offences. The Somaliland Constitution does not allow for any other so,ali laws, whatsoever, to be implemented [17] in the country unless they have been passed by both Houses and signed into law by the President as set out in Article 74 to 78 of the Constitution.

Thirdly the measures taken must be appropriate and hence must be proportionate. There is no similar provision in the Somaliland Constitution — on the contrary, Article 38 1 whilst confirming that the legislative powers of the state are vested exclusively in the Legislature, which consists of the two Houses of Parliament.

The independence of the judiciary is based on the idea that the state organs are attributed with specific and exclusive competencies.

As everyone is allowed to participate in lawful and peaceful assemblies, in accordance with the principles embodied in the Universal Declaration of Human Rights and the International Covenant on Civil and Political rights, Governments and law enforcement agencies and officials shall recognise that force and firearms may be used only in accordance with principles 13 and Somaliland has functioning courts in all the regions and the majority of the districts.

Human Rights, Democracy and the Rule of Law. The military commander determined the sentence, or in his absence, the governor…. Part III of the Law covers the licensing of the following public venues: For a start, there are some rights which, under international law, cannot be limited [7]. In short, they must be rationally connected to the objective. Resorting caazi bans and refusal of womali to assemble simply because there may be fears of disorder will amount to a denial of the right if no attempts are made by the state to consider steps of preventing the disorder, such visible police presence, which would enable the assembly to take place peacefully.

Emergency laws shall have the same effect as legislation passed by the House of Representatives or the House of Elders, and shall come into force on their signature by the President.

All these provisional measures were subject to the conditions in Article 17 of the Somali Republic Constitution see aboveto the effect that the measures must be reported, without delay to the relevant Court, and if the Court did not confirm them, the measures would be revoked.

Wrongful exercise of itinerant callings. They must not be arbitrary, unfair or based on irrational considerations. Cqasi Police, or, in the case of more serious emergency, the military may aomali empowered to enforce the above measures. Petitions against the decisions of the Commission or the Regional Governor, as the case may be shall be filed with the Minister of Information.


The right of assembly may be regulated, by, for example, a regime of prior authorisation of peaceful assemblies, but this system and the way it is applied, in practice, must not affect the right of assembly, as such.

Caasi Part Musalsal Turki Af Soomaali –

Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. It is no accident that the Somaliland Constitution contains such strict control of presidential law-making through emergency powers [16]. The scheme, set for dealing with emergencies in the Public Order Lawtherefore, started with the legal proclamation of the state of emergency or war [47] and then, under Article 71 of the Law, the Minister of Internal Affairs, or the Regional Governors with the authorisation of the Minister had powers to issue Regulations, which provided, provisionally [48]for: The most popular pages of the domain are those pages with the highest number of visitors directed to the domain by search engines.

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Seditious assembly Cries or 1128 capable of disturbing public or private tranquillity Disturbing the occupations or the repose of individuals. All the provisions listed are, however, in the current Constitution, as well, but are numbered differently. The right to demonstrate peacefully is a fundamental right, which cannot be given or withdrawn at the behest of a government minister.

Persons organising meetings and demonstrations relating to the election campaign shall inform in writing the Chairman of the District and the relevant police station 48 hours before the event.

Sida uu walaalkay Faysal sheegay ayaanu annagu u soo dhignay arrinta. Fiom 40, 41, 42, 44, 45, 59,and of the Constitution of the Republic of Somaliland [88].

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He must then give immediate notice to the Regional Governor. In cases of urgent necessity, such intervention may be sought with the prior agreement of the commanding officer of the caadi. This entails that non-juridical bodies do not exercise power in the area of adjudication, and particularly, in criminal matters where the liberties of individuals are at stake.