Legal System of Somalia
Somalia is located in Africa. It is geographically situated in eastern africa, bordering the gulf of aden and the indian ocean, east of ethiopia. The country achieved independence on 1 july 1960 (from a merger of british somaliland, which became independent from the uk on 26 june 1960, and italian somaliland, which became independent from the italian-administered un trusteeship on 1 july 1960 to form the somali republic). The capital is Mogadishu.
Government Overview
Government Type: federal parliamentary republic Chief of State: President HASSAN SHEIKH Mohamud (since 23 May 2022) Head of Government: Prime Minister Hamza Abdi BARRE (since 25 June 2022) Cabinet: Cabinet appointed by the prime minister, approved by the House of the People Administrative Divisions: 18 regions (gobollo, singular - gobol); Awdal, Bakool, Banaadir, Bari, Bay, Galguduud, Gedo, Hiiraan, Jubbada Dhexe (Middle Jubba), Jubbada Hoose (Lower Jubba), Mudug, Nugaal, Sanaag, Shabeellaha Dhexe (Middle Shabeelle), Shabeellaha Hoose (Lower Shabeelle), Sool, Togdheer, Woqooyi Galbeed National Holiday: Foundation of the Somali Republic, 1 July (1960); note - 26 June (1960) in Somaliland Suffrage: 18 years of age; universal suffrage starting with 24 June 2024 local elections
Legal System
The legal system of Somalia is described as mixed system of civil law, Islamic (sharia) law, and customary law (referred to as Xeer) International Law: accepts compulsory ICJ jurisdiction with reservations; non-party state to the ICCt
Constitutional Framework
The constitution has the following history: previous 1961, 1979; latest drafted 12 June 2012, adopted 1 August 2012 Amendment Process: proposed by the federal government, by members of the state governments, the Federal Parliament, or by public petition; proposals require review by a joint committee of Parliament with inclusion of public comments and state legislatures’ comments; passage requires at least two-thirds majority vote in both houses of Parliament and approval by a majority of votes cast in a referendum; constitutional clauses on Islamic principles, the federal system, human rights and freedoms, powers and authorities of the government branches, and inclusion of women in national institutions cannot be amended
Judicial Branch
Highest Court(s): the provisional constitution stipulates the establishment of the Constitutional Court (consists of 5 judges, including the chief judge and deputy chief judge) Judge Selection: judges appointed by the president on proposal of the Judicial Service Commission, a 9-member judicial and administrative body; judge tenure NA Subordinate Courts: federal courts; federal member state-level courts; military courts; sharia courts
Legislative Branch
The legislative structure consists of bicameral
Note: note: despite the formation of political parties in 2020, the 2021 parliamentary elections maintained a primarily clan-based system of appointments; seats in the legislature were apportioned to Somali member states and not by party representation
Lower Chamber: House of the People (Golaha Shacabka) (275 (all indirectly elected) seats)
Upper Chamber: Upper House (Aqalka Sare)
Citizenship and Suffrage
Citizenship by Birth: no Citizenship by Descent: the father must be a citizen of Somalia Suffrage: 18 years of age; universal suffrage starting with 24 June 2024 local elections
Historical Background
Between A.D. 800 and 1100, immigrant Muslim Arabs and Persians set up coastal trading posts along the Gulf of Aden and the Indian Ocean, solidifying present-day Somalia’s close trading relationship with the Arab Peninsula. In the late 19th century, Britain, France, and Italy established colonies in the Somali Peninsula that lasted until 1960, when British Somaliland gained independence and joined with Italian Somaliland to form the Republic of Somalia.
This article provides a summary of the legal system and governmental structure of Somalia based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.